Utah State Digest, Vol. 2012, No. 16 (August 15, 2012)

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

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


For information filed July 17, 2012, 12:00 AM through August 1, 2012, 11:59 PM


Volume 2012, No. 16
August 15, 2012


Prepared by
Division of Administrative Rules
Department of Administrative Services


The Utah State Digest (Digest) is an official electronic publication of the 
State of Utah, Department of Administrative Services, Division of 
Administrative Rules.  It is a summary of the information found in the Utah 
State Bulletin (Bulletin) of the same volume and issue number.  Inquiries 
concerning the substance or applicability of an administrative rule that 
appear in the Digest should be addressed to the contact person for the rule.  
Questions about the Digest or the rulemaking process may be addressed to:  
Division of Administrative Rules, 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
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1.  SPECIAL NOTICES

Notice of Public Hearing on the State Construction Code Amendments under Utah 
State Construction Code Administration Act
- Dan Jones by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet 
E-mail at dansjones@utah.gov
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/sn152973.htm

Notice for September 2012 Medicaid Rate Changes
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/sn152979.htm




2.  NOTICES OF PROPOSED RULES

A state agency may file a Proposed Rule when it determines the need for a new 
rule, a substantive change to an existing rule, or a repeal of an existing 
rule.  Filings received between July 17, 2012, 12:00 a.m., and August 1, 
2012, 11:59 p.m. are summarized in this, the August 15, 2012, issue of the 
Utah State Digest.

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

From the end of the public comment period through December 13, 2012, the 
agency may notify the Division of Administrative Rules that it wants to make 
the Proposed Rule effective.  The agency sets the effective date.  The date 
may be no fewer than seven calendar days after the close of the public 
comment period nor more than 120 days after the publication date in the Utah 
State Bulletin.  Alternatively, the agency may file a Change in Proposed Rule 
in response to comments received.  If the Division of Administrative Rules 
does not receive a Notice of Effective Date or a Change in Proposed Rule, the 
Proposed Rule lapses and the agency must start the process over.

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

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


COMMERCE
OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 36551 (Amendment): R156-1. General Rule of the Division of Occupational 
and Professional Licensing.
SUMMARY OF THE RULE OR CHANGE:  In Section R156-1-110, subsections (2) 
through (5) were added to address the process for service of subpoenas.  This 
was recently challenged in a Motion to Quash to the Administrative Subpoena 
Authority that made it apparent that more guidance was necessary.  The 
existing Subsection (2) is renumbered as (6).  In Section R156-1-308a, the 
renewal date for burglar alarm security licensure is moved from November 30 
of even years to March 31 of odd years.  In Section R156-1-308l, the 4-month 
time frame in this section is changed to a 12-month time frame consistent 
with the changes made to Subsection R156-1-308c(7) by a recent rule filing 
that became final on 06/07/2012.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The change to the length of time for which an initial 
license is issued from a full renewal cycle plus four months for applicants 
who apply at four months prior to the next renewal date, to a full renewal 
cycle plus one year for applicants who apply one year prior to the next 
renewal date, will impact government the cost for affected licensees of an 
extra renewal fee, which varies by profession.  There will also be a small 
savings to the Division because it will have slightly fewer renewal 
applications to process.  These impacts cannot be quantified.  The change in 
the renewal date for the burglar alarm security profession will result in a 
cost savings to licensees who will receive a one-time additional four months 
of licensure at no charge as the two-year renewal date is changed.  There 
will be an equivalent one-time loss of revenue to the Commerce Service Fund.  
Renewal fees for the burglar alarm profession are $203 for a company and $42 
for an agent.  The number of licensees is approximately 180 companies and 
8,964 agents.
- LOCAL GOVERNMENTS:  The proposed amendments will have no impact on local 
governments as the changes only apply to the licensed professions noted 
herein.
- SMALL BUSINESSES:  The change to the length of time for which an initial 
license is issued from a full renewal cycle plus four months for applicants 
who apply at four months prior to the next renewal date, to a full renewal 
cycle plus one year for applicants who apply one year prior to the next 
renewal date, will save affected licensees the cost of an extra renewal fee, 
which varies by profession.  There will also be a small savings to the 
Division because it will have slightly fewer renewal applications to process.  
This impact cannot be quantified.  The change in the renewal date for the 
burglar alarm security profession will result in a cost savings to licensees 
who will receive a one-time additional four months of licensure at no charge 
as the two-year renewal date is changed.  There will be an equivalent one-
time loss of revenue to the Commerce Service Fund.  Renewal fees for the 
burglar alarm profession are $203 for a company and $42 for an agent.  The 
number of licensees is approximately 180 companies and 8,964 agents.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The change to the length of time for which an initial license is 
issued from a full renewal cycle plus four months for applicants who apply at 
four months prior to the next renewal date, to a full renewal cycle plus one 
year for applicants who apply one year prior to the next renewal date, will 
save affected licensees the cost of an extra renewal fee, which varies by 
profession.  The change in the renewal date for the burglar alarm security 
profession will result in a cost savings to licensees who will receive a one-
time additional four months of licensure at no charge as the two-year renewal 
date is changed.  There will be an equivalent one-time loss of revenue to the 
Commerce Service Fund.  Renewal fees for the burglar alarm profession are 
$203 for a company and $42 for an agent.  The number of licensees is 
approximately 180 companies and 8,964 agents.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The change to the length of time for 
which an initial license is issued from a full renewal cycle plus four months 
for applicants who apply at four months prior to the next renewal date, to a 
full renewal cycle plus one year for applicants who apply one year prior to 
the next renewal date, will save affected licensees the cost of an extra 
renewal fee, which varies by profession.  The change in the renewal date for 
the burglar alarm security profession will result in a cost savings to 
licensees who will receive a one-time additional four months of licensure at 
no charge as the two-year renewal date is changed.  There will be an 
equivalent one-time loss of revenue to the Commerce Service Fund.  Renewal 
fees for the burglar alarm profession are $203 for a company and $42 for an 
agent.  The number of licensees is approximately 180 companies and 8,964 
agents.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule filing adjusts licensing renewal dates that will 
result in savings for licensees.  The Division could potentially have some 
resulting loss, but the amendment is designed to allow the Division to more 
efficiently manage its workload.  The changes regarding service of subpoenas 
are clarifying in nature and should not result in additional costs to the 
Division.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- W. Ray Walker by phone at 801-530-6256, by FAX at 801-530-6511, or by 
Internet E-mail at raywalker@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36551.htm

No. 36552 (Amendment): R156-15A. State Construction Code Administration and 
Adoption of Approved State Construction Code Rule.
SUMMARY OF THE RULE OR CHANGE:  In Sections R156-15A-220 and R156-15A-221, 
H.B. 260 which passed during the 2012 General Session, made some 
modifications to Section 15A-1-209 (formerly Section 58-56-20) which had 
slightly different wording than specified by the existing rule.  After a 
review of the revised statute, every requirement that is in the existing rule 
is already required by statute.  Therefore, there is no need to put those 
requirements in rule and they are being deleted in this filing.  Subsection 
15A-1-209(3)(a) provides the Division shall by rule adopt a standardized 
permit form.  Because a rule is required by statute, the Division must have 
the rule for clarification, even if it simply states no additional 
requirements are needed beyond those stated in the statute.  In Sections 
R156-15A-201 and Subsection R156-15A-231, upon review of our rules the 
Division found it did not have a rule that specified the criteria to be 
applied for education funding grants from the Factory Built Housing Fees 
Account.  The Division has previously applied criteria in the rule for the 
Building Codes Training Fund for grants from the Factory Built Housing Fee 
Account.  This proposed rule change provides that the criteria specified in 
Section R156-15A-231 will be used in administering both of these funds.  This 
proposed rule change also adds a factory built housing dealer to the 
education committee which reviews these funding grants.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Since these proposed amendments do not involve 
substantive changes in application, there is no fiscal impact to the Division 
other than a minimal cost of approximately $50 to republish the rule once the 
proposed amendments are made effective.  Any costs incurred will be absorbed 
in the Division's current budget.
- LOCAL GOVERNMENTS:  Since these proposed amendments do not involve 
substantive changes in application, the Division has determined there is no 
fiscal impact to local governments.
- SMALL BUSINESSES:  Since these proposed amendments do not involve 
substantive changes in application, the Division has determined there is no 
fiscal impact to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Since these proposed amendments do not involve substantive changes 
in application, the Division has determined there is no fiscal impact to 
other persons.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Since these proposed amendments do 
not involve substantive changes in application, the Division has determined 
there is no fiscal impact to affected persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  As indicated in the summary, this filing removes provisions that 
are duplicative to newly adopted statutes, adds criteria for education 
funding grants from the factory built housing fee account, and appoints a 
factory built housing dealer to the education committee.  No fiscal impact to 
businesses is anticipated from these changes.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Dan Jones by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet 
E-mail at dansjones@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 08/22/2012 09:00 AM, Sandy Fire Station, 9010 S 150 E, Lower Level, Sandy, 
UT
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36552.htm



EDUCATION
ADMINISTRATION
No. 36591 (Amendment): R277-101. Utah State Board of Education Procedures.
SUMMARY OF THE RULE OR CHANGE:  A new definition is added to the rule and 
terminology is changed throughout the rule consistent with the new 
definition.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget.  The changes are terminology changes only which do not result in a 
cost or savings.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government.  This rule applies specifically to Board procedures and does not 
affect local government.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
businesses.  This rule applies specifically to Board procedures and does not 
affect businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or savings to persons other than small 
businesses, businesses, or local government entities.  The changes to the 
rule are terminology changes only which do not result in a cost or savings to 
individuals.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  The changes to the rule are terminology changes only which 
do not affect compliance costs.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I have reviewed this rule and I see no fiscal impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36591.htm

No. 36592 (Amendment): R277-103. USOE Government Records and Management Act.
SUMMARY OF THE RULE OR CHANGE:  A new definition is added to the rule and 
terminology is changed throughout the rule consistent with the new 
definition.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget.  The changes are terminology changes only which do not result in a 
cost or savings.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government.  This rule applies specifically to Utah State Office of Education 
procedures for requests for government records and does not affect local 
government.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
businesses.  This rule applies specifically to Utah State Office of Education 
procedures for requests for government records and does not affect 
businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or savings to persons other than small 
businesses, businesses, or local government entities.  The changes to the 
rule are terminology changes only which do not result in a cost or savings to 
individuals.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  The changes to the rule are terminology changes only which 
do not affect compliance costs.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I have reviewed this rule and I see no fiscal impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36592.htm

No. 36594 (Amendment): R277-110. Legislative Supplemental Salary Adjustment.
SUMMARY OF THE RULE OR CHANGE:  A new definition is added to the rule to make 
the rule consistent with other Utah State Board of Education rules.  Wording 
changes are provided for clarification purposes.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget.  Terminology and other wording changes for clarification purposes do 
not result in a cost or savings.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government.  Terminology and other wording changes for clarification purposes 
do not result in a cost or savings.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
businesses.  This rule and the changes apply to public education and do not 
affect businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or savings to persons other than small 
businesses, businesses, or local government entities.  Terminology and other 
wording changes for clarification purposes do not result in a cost or 
savings.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  Terminology and other wording changes do not result in 
compliance costs.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I have reviewed this rule and I see no fiscal impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36594.htm

No. 36595 (Amendment): R277-115-1. Definitions.
SUMMARY OF THE RULE OR CHANGE:  A definition is revised.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget.  Changing this definition to make the rule consistent with the 
definition in other Board rules does not result in a cost or savings.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government.  Changing this definition to make the rule consistent with the 
definition in other Board rules does not result in a cost or savings.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
businesses.  This rule and the change to the rule apply to public education 
and do not affect businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or savings to persons other than small 
businesses, businesses, or local government entities.  Changing this 
definition to make the rule consistent with the definition in other Board 
rules does not result in a cost or savings.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  This definition change does not affect compliance costs.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I have reviewed this rule and I see no fiscal impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36595.htm

No. 36598 (Amendment): R277-116. Utah State Board of Education Internal Audit 
Procedure.
SUMMARY OF THE RULE OR CHANGE:  Updated terminology is provided in the rule 
and an outdated citation is removed.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget.  Updated terminology and removing an outdated citation do not result 
in a cost or savings.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government.  Updated terminology and removing an outdated citation do not 
result in a cost or savings.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
businesses.  This rule applies to public education and does not affect 
businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or savings to persons other than small 
businesses, businesses, or local government entities.  Updated terminology 
and removing an outdated citation does not result in cost or savings.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  Terminology changes and removing a statute do not result 
in compliance costs.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I have reviewed this rule and I see no fiscal impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36598.htm

No. 36599 (Amendment): R277-400. School Emergency Response Plans.
SUMMARY OF THE RULE OR CHANGE:  New language is provided in Section R277-400-
6 for emergency preparedness training consistent with Rule R710-4 and updated 
terminology is provided throughout the rule.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget.  New language allowing for greater flexibility for emergency 
preparedness training and updated terminology do not result in a cost or 
savings.
- LOCAL GOVERNMENTS:  Because the timeframe for the first fire drill in both 
elementary and secondary schools is reduced from two weeks to 10 days, it is 
possible that the local fire authority may need to employ temporary staff to 
accommodate the needs of all schools within its jurisdiction and costs for 
additional staff could be assessed to schools.  It is too speculative at this 
time to determine if that will happen.  Additionally, costs may vary with 
each fire authority.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
businesses.  This rule and the amendments apply to public education and do 
not affect small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or savings to persons other than small 
businesses, businesses, or local government entities.  Costs, if any, would 
be assessed to schools.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There could be compliance costs for 
affected persons.  If a school does not notify the local fire authority prior 
to a required fire drill and the alarm is sounded, a local fire authority may 
assess the cost of responding to the school.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I have reviewed this rule and I see no fiscal impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36599.htm

No. 36600 (Amendment): R277-410. Accreditation of Schools.
SUMMARY OF THE RULE OR CHANGE:  The amendments to this rule include adding 
and changing definitions, adding AdvancED throughout the rule as appropriate, 
and adding new sections to the rule from existing accreditation rules which 
are being repealed.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget.  Fees for accreditation services are assessed to individual schools.
- LOCAL GOVERNMENTS:  There will be costs and savings to local government.  
Under Northwest, individual schools paid a minimum annual membership fee plus 
an additional amount based on student numbers for accreditation and related 
reviews and services.  Small schools paid less; large schools paid more.  
AdvancED Northwest has is a flat annual membership fee for all schools.  
Small schools will now pay more; large schools will now pay less than 
previously.  Specific information about costs is not available at this time.
- SMALL BUSINESSES:  There will be some cost to nonpublic schools that are 
also small businesses.  Nonpublic private schools that seek accreditation 
will now pay the higher flat fee under AdvancED Northwest.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or savings to persons other than small 
businesses, businesses, or local government entities.  This rule and the 
amendments apply to schools.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  Although AdvancED Northwest accredited schools are subject 
to compliance requirements, accreditation status, not cost is a consequence 
of noncompliance.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I have reviewed this rule and agree that there will be as yet 
unknown costs to small businesses seeking AdvancED Northwest accreditation 
due to the changes in the accreditation process.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36600.htm

No. 36601 (Repeal): R277-411. Elementary School Accreditation.
SUMMARY OF THE RULE OR CHANGE:  This rule is repealed in its entirety.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget.  Standards and procedures for school accreditation are being 
incorporated into one rule.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government.  Standards and procedures for school accreditation are being 
incorporated into one rule.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
businesses.  Standards and procedures for school accreditation are being 
incorporated into one rule.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or savings to persons other than small 
businesses, businesses, or local government entities.  Standards and 
procedures for school accreditation are being incorporated into one rule.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  Standards and procedures are being incorporated into one 
rule.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I have reviewed this rule and I see no fiscal impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36601.htm

No. 36602 (Repeal): R277-412. Junior High and Middle School Accreditation.
SUMMARY OF THE RULE OR CHANGE:  This rule is repealed in its entirety.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget.  Standards and procedures for school accreditation are being 
incorporated into one rule.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government.  Standards and procedures for school accreditation are being 
incorporated into one rule.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
businesses.  Standards and procedures for school accreditation are being 
incorporated into one rule.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or savings to persons other than small 
businesses, businesses, or local government entities.  Standards and 
procedures for school accreditation are being incorporated into one rule.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no compliance costs for 
affected persons.  Standards and procedures for school accreditation are 
being incorporated into one rule.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I have reviewed this rule and I see no fiscal impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36602.htm

No. 36603 (Repeal): R277-413. Accreditation of Secondary Schools.
SUMMARY OF THE RULE OR CHANGE:  This rule is repealed in its entirety.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget.  Standards and procedures for school accreditation are being 
incorporated into one rule.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government.  Standards and procedures for school accreditation are being 
incorporated into one rule.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
businesses.  Standards and procedures for school accreditation are being 
incorporated into one rule.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or savings to persons other than small 
businesses, businesses, or local government entities.  Standards and 
procedures for school accreditation are being incorporated into one rule.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  Standards and procedures for school accreditation are 
being incorporated into one rule.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I have reviewed this rule and I see no fiscal impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36603.htm



ENVIRONMENTAL QUALITY
ADMINISTRATION
No. 36554 (Repeal): R305-6. Administrative Procedures.
SUMMARY OF THE RULE OR CHANGE:  The entire rule will be repealed and will be 
replaced by Rule R305-7.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No changes as a result of the repeal.  The changes 
resulting from the enactment of Rule R305-7 are described in that rulemaking.
- LOCAL GOVERNMENTS:  No impact as a result of the repeal.  The changes 
resulting from the enactment of Rule R305-7 are described in that rulemaking.
- SMALL BUSINESSES:  No impact as a result of the repeal.  The changes 
resulting from the enactment of Rule R305-7 are described in that rulemaking.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No impact as a result of the repeal.  The changes resulting from 
the enactment of Rule R305-7 are described in that rulemaking.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There will be no compliance costs 
because the rule is being proposed for repeal.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be no fiscal impact because the rule is being 
proposed for repeal.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Beverly Rasmussen by phone at 801-536-4405, by FAX at 801-536-0061, or by 
Internet E-mail at bjrasmussen@utah.gov
- Laura Lockhart by phone at 801-366-0283, by FAX at 801-366-0292, or by 
Internet E-mail at llockhart@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 09/20/2012 03:30 PM, DEQ Boardroom, 195 N 1950 W, Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  10/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36554.htm

No. 36553 (New Rule): R305-7. Administrative Procedures.
SUMMARY OF THE RULE OR CHANGE:  The rule is based on current Rule R305-6, 
which is simultaneously proposed for repeal, but adds procedures in new 
Sections R305-7-201 through R305-7-217 for the permit review adjudicative 
proceedings that were mandated by S.B. 11 (2012 General Session).  Key 
choices made in these rules include:  allowing a party to address standing 
and questions of law during proceedings on the merits of the case rather than 
through separate motions; and specifying deadlines and page limits for 
motions.  Some changes not required by S.B. 11 have also been made, such as 
clarifying language related to service and filing of papers.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Although it is anticipated that the new permit review 
adjudicative procedures will be more streamlined than UAPA procedures, any 
savings will be offset in part by increased workload resulting from an 
increasing number of permit challenges.
- LOCAL GOVERNMENTS:  Local governments will not normally be affected.  They 
could be affected to the extent they are parties or a prospective intervenor 
to a proceeding.
- SMALL BUSINESSES:  Although some businesses can expect savings as a result 
of these streamlined rules, permits and licenses to small business are rarely 
challenged so the proposed changes would not have a substantial impact.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Individuals and organizations that challenge permits, e.g., 
environmental organizations, will be affected by the rule.  Generally, it is 
anticipated that the streamlined procedure will make that process less 
expensive both for the challenger and for the permittee.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  This rule does not impose any 
compliance requirements.  It does provide new procedures for challenging 
permits.  To the extent that the responsibility for defending against a 
permit challenge falls to a regulated entity, the streamlined process should 
be less expensive than the previous trial-type procedures.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The trial-type procedures previously required for adjudicating 
permit challenges could be extremely expensive; discovery, for example, can 
be extremely time-consuming and therefore costly.  The streamlined procedures 
in this rule (authorized by S.B. 11 (2012 General Session)) will be simpler 
and less costly.  A specific estimate of savings is not feasible, however, 
given the wide variability in complexity of proceedings.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Beverly Rasmussen by phone at 801-536-4405, by FAX at 801-536-0061, or by 
Internet E-mail at bjrasmussen@utah.gov
- Laura Lockhart by phone at 801-366-0283, by FAX at 801-366-0292, or by 
Internet E-mail at llockhart@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 09/20/2012 03:30 PM, DEQ Boardroom, 195 N 1950 W, Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  10/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36553.htm


AIR QUALITY
No. 36607 (Amendment): R307-207. Residential Fireplaces and Solid Fuel 
Burning Devices.
SUMMARY OF THE RULE OR CHANGE:  A definition is added for "solid fuel burning 
device," and the rule is also changed to apply in all areas except PM10 and 
PM2.5 nonattainment and maintenance areas.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Because this change expands the visible emission 
standards for solid fuel burning devices, there are no anticipated costs or 
savings to the state budget.
- LOCAL GOVERNMENTS:  Because this change expands the visible emission 
standards for solid fuel burning devices, there are no anticipated costs or 
savings to local governments.
- SMALL BUSINESSES:  Because this change expands the visible emission 
standards for solid fuel burning devices, there are no anticipated costs for 
savings to local governments.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Because this change expands the visible emission standards for 
solid fuel burning devices, there are no anticipated costs or savings to 
persons other than small businesses, businesses, or local government 
entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Because this change expands the 
applicability of the visible emission standards already established in the 
rule, there are no compliance costs for affected persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Because this change expands the applicability of the visible 
emission standards already established in the rule, there is no anticipated 
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 10/01/2012
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:
- 09/12/2012 09:00 AM, DEQ Bldg, 195 N 1950 W, Room No. 4100, Salt Lake City, 
UT
THIS RULE MAY BECOME EFFECTIVE ON:  11/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36607.htm

No. 36611 (Amendment): R307-302. Davis, Salt Lake, Utah, Weber Counties:  
Residential Fireplaces and Stoves.
SUMMARY OF THE RULE OR CHANGE:  A definition for "solid fuel burning device" 
is added.  The applicability has been redefined to include the entire PM10 
and PM2.5 nonattainment areas using common geographical landmarks.  Section 
R307-302-5 now requires sole sources of residential heating using solid fuel 
burning devices to register with the director by 06/01/2013 in order to be 
exempt from the rule.  The red-alert cut point for PM2.5 is reduced from 35 
to 25 micrograms per cubic meter, and a contingency plan cut point of 15 
micrograms per cubic meter has been added for PM2.5.  A new section, R307-
302-6, is added to prohibit the sale, supply, installation or transfer of a 
wood burning stove that is not EPA phase 2 certified.
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 to the 
state budget are anticipated to be minimal.
- LOCAL GOVERNMENTS:  Because there are no requirements for local government 
in this rule, there are no anticipated costs or savings.
- SMALL BUSINESSES:  Small businesses will be affected as by 09/01/2013 they 
will no longer be able to sell, supply, or install wood burning stoves that 
are not EPA Phase 2 certified.  However, they will have time to sell off any 
stoves they may currently have in inventory.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There will be little to no cost to persons other than small 
businesses, businesses, or local government entities as most wood stoves 
manufactured are EPA phase 2 certified.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Businesses will be minimally affected 
as by 09/01/2013 they will no longer be able to sell, supply, or install wood 
burning stoves that are not EPA Phase 2 certified.  However, they will have 
time to sell off any stoves they may currently have in inventory.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Businesses will be minimally affected as by 09/01/2013 they will 
no longer be able to sell, supply, or install wood burning stoves that are 
not EPA Phase 2 certified.  However, they will have time to sell off any 
stoves they may currently have in inventory.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2012
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:
- 09/12/2012 09:00 AM, DEQ Bldg, 195 N 1950 W, Room No. 4100, Salt Lake City, 
UT
THIS RULE MAY BECOME EFFECTIVE ON:  11/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36611.htm

No. 36605 (New Rule): R307-330. Generator Testing.
SUMMARY OF THE RULE OR CHANGE:  This rule prohibits the testing of back-up 
generators during red air quality alert days.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings as this rule 
prohibits the testing of back-up generators during red air quality alert 
days.
- LOCAL GOVERNMENTS:  There are no anticipated costs or savings as this rule 
prohibits the testing of back-up generators during red air quality alert 
days.
- SMALL BUSINESSES:  There are no anticipated costs or savings as this rule 
prohibits the testing of back-up generators during red air quality alert 
days.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no anticipated costs or savings as this rule prohibits 
the testing of back-up generators during red air quality alert days.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Prohibiting the testing of back-up 
generators during red air quality alert days should not result in any 
compliance costs for affected persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no anticipated fiscal impact on businesses by 
prohibiting the testing of back-up generators during red air quality alert 
days.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  11/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36605.htm

No. 36604 (New Rule): R307-356. Appliance Pilot Light.
SUMMARY OF THE RULE OR CHANGE:  This rule prohibits all persons in the PM2.5 
nonattainment areas from selling, distributing, offering for sale, or 
installing any natural gas-fired fan-type central furnaces, gas fireplaces, 
or gas stoves that require the use of a pilot light for ignition.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There will likely be increased administrative costs to 
enforce this rule; however, any additional costs should be minimal.
- LOCAL GOVERNMENTS:  There are no added requirements to local government; 
therefore, there are no anticipated costs or savings.
- SMALL BUSINESSES:  There will likely be costs to small businesses, as they 
will no longer be able to sell or install some appliances that use a pilot 
light for ignition.  However, cost should be minimal for two reasons:  1) 
they will be given until 01/01/2014 to comply with the rule, giving them time 
to sell of any inventory they have in stock; and 2) most appliances are being 
manufactured with pilotless options at prices competitive with the appliances 
manufactured with pilot lights.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There will be minimal costs to persons other than small businesses, 
businesses or local government entities.  The prices on most pilotless 
appliances is competitive with appliances with pilot lights.  However, for 
lower-end gas fireplaces there is additional cost for adding the pilotless 
option, but that cost is often covered by manufacturer rebates.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Compliance costs should be minimal as 
businesses will be given sufficient time to sell off current inventories of 
appliances that use pilot lights. And costs to those purchasing appliances 
without pilot lights will also be minimal, as pilotless appliances are 
already commonly manufactured and sold at prices competitive with appliances 
with pilot lights.  Any additional costs to the end user are often offset by 
manufacturer rebates.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The fiscal impact should be minimal as businesses will be given 
sufficient time to sell off current inventories of appliances that use pilot 
lights.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2012
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:
- 09/12/2012 10:00 AM, DEQ Bldg, 195 N 1950 W, Room No. 4100, Salt Lake City, 
UT
THIS RULE MAY BECOME EFFECTIVE ON:  11/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36604.htm


DRINKING WATER
No. 36562 (Amendment): R309-515-6. Ground Water - Wells.
SUMMARY OF THE RULE OR CHANGE:  Specifications for high density polyethylene 
(HDPE), polyvinyl chloride pipe (PVC), and ductile iron pipe for upgrading 
sewer lines in source protection zones one and two have been updated and 
clarified.  Provisions for leakage tests and video inspection of sewer lines 
have been added.  A provision to install cutoff walls in sewer trenches has 
been added to prevent sewer line leakage from migrating down sewer lines into 
source protection zones.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There should be no significant cost or savings from this 
rule change to the state budget.  The amount of time state staff spends 
reviewing and approving projects with sewer lines in source protection zones 
one and two will not increase.
- LOCAL GOVERNMENTS:  There should be no significant cost or savings from 
this rule change to local government.  This rule change should make it easier 
for water systems, often owned by local governments, to comply with sewer 
line upgrades in source protection zones one and two.
- SMALL BUSINESSES:  There should be no significant cost or savings from this 
rule change to small businesses because the rule is not applicable to small 
businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There should be no significant cost or savings from this rule 
change to persons other than small businesses, businesses. or local 
government entities because the rule is not applicable to them.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There should be no significant cost 
or savings to public drinking water systems from this rule change because 
systems routinely leakage test and video inspect sewer lines when installed.  
The cost to install cutoff walls in sewer trenches is minimal, probably less 
than $500.  Water systems may have to be more selective in the location of 
new drinking water wells.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule change makes it easier for water systems to comply 
with the requirements for upgrading sewer lines in drinking water source 
protection zones.  It clarifies what is required and makes it easier to 
implement.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Bob Hart by phone at 801-536-0054, by FAX at 801-536-4211, or by Internet 
E-mail at bhart@utah.gov
- Ying-Ying Macauley by phone at 801-536-4188, by FAX at 801-536-4211, or by 
Internet E-mail at ymacauley@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36562.htm

No. 36561 (Amendment): R309-600-13. New Ground-water Sources of Drinking 
Water.
SUMMARY OF THE RULE OR CHANGE:  In the amended rule, sewers within 
unprotected aquifers in zones one and two must be 50 feet from the well or 
spring collection area and and be constructed in accordance with Section 
R309-515-6.  Sewers in zone one of protected aquifers must be at least 10 
feet from the well and constructed in accordance with Section R309-515-6.  
Previously, the rule required that at least 5 feet of suitable soils be 
present below the sewer and above the water table or bedrock and be 
constructed in accordance with Section R309-515-6, or be at least 300 feet 
from the well or spring collection area and be constructed in accordance with 
Section R309-515-6.  "Suitable soils" was not well defined, so emphasis has 
been changed to protected versus unprotected aquifers as defined in Rule 
R309-600.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There should be no additional cost or savings from this 
rule change.  The amount of time state staff spends reviewing and approving 
projects will not be affected.
- LOCAL GOVERNMENTS:  There should be no additional cost or savings from this 
rule change.  The rule change for local governments, which often own water 
systems, will make it easier to understand what is required with regard to 
sewer systems, when developing new sources of drinking water.
- SMALL BUSINESSES:  There should be no additional cost or savings from this 
rule change.  The rule change for small businesses, which are often the 
owners of water systems, will make it easier to understand what is required 
with regard to sewer systems, when developing new sources of drinking water.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There should be no additional cost or savings from this rule 
change.  The rule change for persons, who might be the owners of a water 
system, will make it easier to understand what is required with regard to 
sewer systems, when developing new sources of drinking water.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No additional costs--The rule change 
for persons, who might be the owners of a water system, will make it easier 
to understand what is required with regard to sewer systems, when developing 
new sources of drinking water.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The rule change clarifies, simplifies, and justifies how sewers 
will be handled within source protection zones and management areas, for 
water systems developing new sources of drinking water and there will be no 
additional costs involved in this rule change on affected water systems.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jim Martin by phone at 801-536-4494, by FAX at 801-536-4211, or by Internet 
E-mail at jhmartin@utah.gov
- Kate Johnson by phone at 801-536-4206, by FAX at 801-536-4211, or by 
Internet E-mail at katej@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36561.htm



GOVERNOR
ENERGY DEVELOPMENT (OFFICE OF)
No. 36548 (New Rule): R362-1. Qualification for the Alternative Energy 
Development Tax Credit.
SUMMARY OF THE RULE OR CHANGE:  The rule is meant to establish the viability 
of each applicant's alternative energy development project.  The goal of 
adding to those fundamental requirements already outlined in the statute is 
to ensure that applicants do not submit applications for projects that are 
either premature or lack merit.  The rule does not create processes or create 
significant impacts, fiscal or otherwise; it simply establishes criteria with 
respect to when companies are eligible to apply for the tax credits.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Whereas the statute to which this rule speaks may have 
some unfavorable fiscal impacts to the state budget, the rule itself is 
expected to have, if anything, a favorable fiscal impact on the state budget.  
The rule is meant to keep less viable applicants from applying for tax 
credits, and therefore the division anticipates that the rule will protect 
the Office of Energy Development from frivolous applications that would 
otherwise tend to waste valuable staff time.
- LOCAL GOVERNMENTS:  This rule will have no impact on local government, as 
it is simply a qualification standard for energy development projects being 
undertaken by private companies.  Though one of the rule's requirements 
entails the acquisition of a permit which may be granted by a local 
government, there is no foreseeable additional burden, as any permits would 
be necessary regardless of this rule.
- SMALL BUSINESSES:  Those small businesses that could potentially apply for 
an Alternative Energy Development Tax Credit are the only businesses that 
could be affected by the rule.  However, the rule will not impose any costs 
on those businesses, as it does not compel them to go through any process 
that they would not already have had to undertake.  As an example, while 
there certainly are costs associated with attaining site control, those costs 
must necessarily be borne in the course of project development regardless of 
the application of this rule.  While there is a potential cost associated 
with third-party financial review, the rule allows for a series of options, 
so that undergoing financial review is not a requirement, but rather just one 
potential choice of an applicant.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: As indicated in earlier responses, although the statute with which 
this rule is associated may conceivably be shown to have cost impacts on 
various groups, this rule does not.  It is a simple screening tool meant to 
limit the applicant pool, and as such it would have no cost impact to these 
groups.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  As noted above, while there is a 
potential cost associated with third-party financial review, the rule allows 
for a series of options, so that undergoing financial review is not a 
requirement, but rather a potential choice of the applicant.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The Division does not expect this rule to have any fiscal impact 
on business.  The rule establishes criteria applicants must meet in order to 
apply for the tax credit.  Although in order to meet those criteria 
applicants must certainly have expended some amount of capital on 
predevelopment expenses, the rule itself will not require any expenditure 
that would not have been necessary in the absence of the rule.  The rule 
simply ensures that applicants have a viable project and are at a point in 
the development process that warrants an application.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jeffrey Barrett by phone at 801-739-5191, or by Internet E-mail at 
jhbarrett@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36548.htm



HEALTH
DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES
No. 36620 (Amendment): R392-510. Utah Indoor Clean Air Act.
SUMMARY OF THE RULE OR CHANGE:  The rule has been updated to include the 
requirements of the statute.  The main modification was the inclusion of a 
restriction of the use of e-cigarettes and also the use of a heated substance 
containing  tobacco or nicotine.  These are now defined as smoking and would 
now be prohibited under the new rule.  Also, the rule has included the 
allowed exemption for certain businesses operating under required criteria 
listed by statute as of January 2012.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost of savings to state 
budgets.  Administration will be handled with existing funding.
- LOCAL GOVERNMENTS:  There may be some slight increase in regulatory costs 
which will impact budgets of local health departments due to a small increase 
in the number of facilities required to inspect.  The impact of this cost can 
be mitigated by required permit fees allowed by statute.  Total costs are 
unknown at this time.
- SMALL BUSINESSES:  There are fewer than five small businesses statewide 
known at this time based on information received from local health 
departments which will be affected by the restriction of the use of heated 
tobacco.  As outlined by statute and proposed rule, facilities have the 
opportunity to apply for a one-time, five-year exemption to mitigate possible 
revenue reductions due to these restrictions.  It is unknown at this time how 
many of these businesses will qualify for the exemption, but it is 
anticipated that at least 50% will qualify.  Those who do not qualify for the 
exemption will be severely impacted.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no known large businesses that allow smoking of tobacco 
in hookah apparatus known at this time.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There will be slight increase in 
costs for the individual local health departments with exempted facilities 
within their jurisdiction, due to increased education and inspection costs.  
For those individual businesses who qualify for an exemption, there will be 
permit fees for a "reasonable amount" which will be paid to local health 
departments as the statute requires.  For those businesses which do not 
qualify for an exemption, their individual revenue will be severely reduced, 
but the amount is not known.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule follows Legislative direction and implements with cost 
minimization to business as a significant guiding factor.  Comments will be 
carefully evaluated.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ronald Marsden by phone at 801-538-6191, by FAX at 801-538-6564, or by 
Internet E-mail at rmarsden@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36620.htm

No. 36580 (Amendment): R392-700. Indoor Tanning Bed Sanitation.
SUMMARY OF THE RULE OR CHANGE:  The rule has been updated to include the 
requirements of the statute.  The main modification was the inclusion of 
local health department permit requirements; requirements for a doctor's 
order, or in-person permission by parent or legal guardian to tan for those 
under 18 years of age; modifications to the required sign; and a uniform 
consent form to be used statewide.  Additional warning information which was 
on a previous consent form has now been included in the rule.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost of savings to state 
budgets.  Administration will be handled with existing funding.
- LOCAL GOVERNMENTS:  There may be a slight increase in regulatory costs 
which will impact budgets of local health departments due to the education of 
tanning operators and possible increase of follow-up inspections.  Total 
costs are unknown at this time.
- SMALL BUSINESSES:  To our knowledge all tanning operators are small 
businesses and revenue will be negatively impacted as the number of tanning 
patrons under 18 years of age will be reduced due to the new restriction 
required by statute.  The exact costs are not known, and are difficult to 
estimate as the number of patrons under 18 years if age is not known.  There 
was a fiscal note attached to S.B. 41 which goes into more detail on the 
effect on small business.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no large tanning facilities known at this time.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There will be a slight increase in 
costs for each of the 12 local health departments due to increased education 
and follow-up inspection costs to governments and a decrease in revenue for 
individual tanning salons due to projected decrease in patrons under 18 years 
of age.  There will also be an increase in costs of parents or legal 
guardians as they will need to accompany those under 18 years of age to 
tanning salons if they so choose to allow minors to tan.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule reflects Legislative policy and costs have been 
minimized.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ronald Marsden by phone at 801-538-6191, by FAX at 801-538-6564, or by 
Internet E-mail at rmarsden@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36580.htm


HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 36511 (Amendment): R414-1-30. Governing Hierarchy.
SUMMARY OF THE RULE OR CHANGE:  This new section of the rule implements the 
governing hierarchy federal waivers, the Utah Medicaid State Plan, and 
administrative rules to clarify the authority used by the Department to 
administer the Medicaid program.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Clarification of the standards and their relative 
authority will provide clarity to all regulated entities, providers and 
Medicaid recipients.  It is the intent that this rule be budget neutral.  
Ambiguity in the past has led to Medicaid in some cases paying more for or 
covering a service that was not intended.  This clarification may increase or 
decrease reimbursement to an individual provider, but the overall effect 
should be neutral on the state budget.
- LOCAL GOVERNMENTS:  Clarification of the standards and their relative 
authority will provide clarity to all regulated entities, providers and 
Medicaid recipients.  It is the intent that this rule be budget neutral.  
Ambiguity in the past has led to Medicaid in some cases paying more for or 
covering a service that was not intended.  This clarification may increase or 
decrease reimbursement to an individual provider, but the overall effect 
should be neutral to local government.
- SMALL BUSINESSES:  Clarification of the standards and their relative 
authority will provide clarity to all regulated entities, providers and 
Medicaid recipients.  It is the intent that this rule be budget neutral.  
Ambiguity in the past has led to Medicaid in some cases paying more for or 
covering a service that was not intended.  This clarification may increase or 
decrease reimbursement to an individual provider, but the overall effect 
should be neutral for small business.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Clarification of the standards and their relative authority will 
provide clarity to all regulated entities, providers and Medicaid recipients.  
It is the intent that this rule be budget neutral.  Ambiguity in the past has 
led to Medicaid in some cases paying more for or covering a service that was 
not intended.  This clarification may increase or decrease reimbursement to 
an individual provider, but the overall effect should be neutral on other 
persons.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Clarification of the standards and 
their relative authority will provide clarity to all regulated entities, 
providers and Medicaid recipients.  It is the intent that this rule be budget 
neutral.  Ambiguity in the past has led to Medicaid in some cases paying more 
for or covering a service that was not intended.  This clarification may 
increase or decrease reimbursement to an individual provider.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Clarification of the standards and their relative authority will 
provide clarity to all regulated entities, providers and Medicaid recipients.  
Ambiguity in the past has led to Medicaid in some cases paying more for or 
covering a service that was not intended.  This clarification may increase or 
decrease reimbursement to an individual provider, but the overall effect 
should be neutral to regulated entities.  Comments will be carefully 
evaluated to assess fiscal impact.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36511.htm

No. 36566 (Amendment): R414-308-3. Application and Signature.
SUMMARY OF THE RULE OR CHANGE:  This amendment changes the application date 
for applications submitted through the online myCase application process so 
the date of application is the date in which the applicant submits the online 
application to the Department of Workforce Services.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Department does not anticipate any impact to the 
state budget because this amendment does not add new coverage, does not 
impose new costs on Medicaid providers and recipients, and does not eliminate 
existing Medicaid coverage.
- LOCAL GOVERNMENTS:  There is no impact to local governments because they do 
not fund Medicaid services or determine Medicaid eligibility.
- SMALL BUSINESSES:  The Department does not anticipate any budget impact 
because this change does not affect Medicaid coverage and does not impose new 
costs and requirements on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The Department does not anticipate any budget impact because this 
change does not impose new costs on Medicaid providers and recipients, does 
not add new coverage, and does not eliminate existing Medicaid coverage.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The Department does not anticipate 
any compliance costs because this change does not impose new costs on a 
single Medicaid provider or recipient, does not add new coverage, and does 
not eliminate existing Medicaid coverage.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Encouraging use of online resources like "myCase" should have a 
positive fiscal impact on all parties.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36566.htm

No. 36565 (Amendment): R414-310. Medicaid Primary Care Network Demonstration 
Waiver.
SUMMARY OF THE RULE OR CHANGE:  This amendment adds insurance that an 
employer offers through UHE as a form of creditable health insurance.  It 
also adds, clarifies, and deletes certain definitions, clarifies effective 
dates, and makes other minor corrections.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Department does not anticipate any impact to the 
state budget because this amendment does not add new coverage to the Primary 
Care Network (PCN) program, does not impose new costs on PCN providers and 
recipients, and does not eliminate existing PCN coverage.
- LOCAL GOVERNMENTS:  There is no impact to local governments because they do 
not fund PCN services or determine eligibility for the PCN program.
- SMALL BUSINESSES:  The Department does not anticipate any budget impact 
because this change does not affect PCN coverage and does not impose new 
costs and requirements on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The Department does not anticipate any budget impact because this 
change does not impose new costs on PCN providers and recipients, does not 
add new PCN coverage, and does not eliminate existing PCN coverage.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The Department does not anticipate 
any compliance costs because this change does not impose new costs on a 
single PCN provider or recipient, does not add new coverage to the PCN 
program, and does not eliminate existing PCN coverage.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  As the Utah Health Exchange enters the market, these changes 
will allow these policies to be recognized as a form of creditable insurance.  
No fiscal impact expected.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36565.htm

No. 36564 (Amendment): R414-320. Medicaid Health Insurance Flexibility and 
Accountability Demonstration Waiver.
SUMMARY OF THE RULE OR CHANGE:  This amendment adds insurance that an 
employer offers through UHE as a form of creditable health insurance.  It 
also adds, clarifies, and deletes certain definitions, clarifies effective 
dates, and clarifies reenrollment and benefits in Utah's Premium Partnership 
for Health Insurance (UPP) program.  It further removes the requirement for 
children to apply for UPP only during an open enrollment period and makes 
other minor corrections.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Department does not anticipate any impact to the 
state budget because this amendment does not add new coverage to the UPP 
program, does not impose new costs on UPP providers and recipients, and does 
not eliminate existing UPP coverage.
- LOCAL GOVERNMENTS:  There is no impact to local governments because they do 
not fund UPP services or determine eligibility for the UPP program.
- SMALL BUSINESSES:  The Department does not anticipate any budget impact 
because this change does not affect UPP coverage and does not impose new 
costs and requirements on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The Department does not anticipate any budget impact because this 
change does not impose new costs on PCN providers and recipients, does not 
add new UPP coverage, and does not eliminate existing UPP coverage.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The Department does not anticipate 
any compliance costs because this change does not impose new costs on a 
single UPP provider or recipient, does not add new coverage to the UPP 
program, and does not eliminate existing UPP coverage.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  As the Utah Health Exchange enters the market, these changes 
will allow these policies to be recognized as a form of creditable insurance.  
No fiscal impact expected.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36564.htm

No. 36563 (Amendment): R414-320-10. Income Provisions.
SUMMARY OF THE RULE OR CHANGE:  This amendment increases the income limit 
from 150% of the federal poverty level to 200% of the federal poverty level 
to qualify for UPP assistance.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Department anticipates an increase of about 200 
enrollees in UPP as a result of this change.  Nevertheless, the cost to the 
state budget as a result of this new enrollment is offset by the reduction of 
that same number of enrollees from the Primary Care Network (PCN) program.
- LOCAL GOVERNMENTS:  There is no impact to local governments because they do 
not provide UPP services or determine eligibility for the UPP program.
- SMALL BUSINESSES:  The Department anticipates an increase of about 200 
enrollees in UPP as a result of this change.  Nevertheless, any increase in 
revenue to small businesses as a result of this change is offset by the 
reduction of that same number of enrollees from the PCN program.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The Department anticipates an increase of about 200 enrollees in 
UPP as a result of this change.  Some health plans will see an increase in 
revenue with the increase in UPP enrollment while PCN providers will see a 
decrease in total revenue.  Additionally, there is an increase in savings to 
UPP enrollees as UPP helps pay for their health insurance premiums, and a 
loss in savings to potential PCN recipients due to the decrease in PCN 
enrollment.  There is no data at this time to estimate these increases and 
decreases in revenue and savings to these affected providers and applicants.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is a potential loss in revenue 
to a single PCN provider due to the expected decrease in PCN enrollment, and 
a loss in potential savings to a single PCN applicant due to the decrease in 
PCN enrollment.  Nevertheless, there is no data at this time to estimate the 
decrease in revenue or the decrease in savings to a single PCN provider or 
PCN applicant.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Growth in the population served by the UPP program is good 
policy and supported by this rule with no negative fiscal impact.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36563.htm

No. 36567 (Repeal and Reenact): R414-502. Nursing Facility Levels of Care.
SUMMARY OF THE RULE OR CHANGE:  All requirements of the repealed rule are 
reenacted in the proposed rule.  In contrast to the repealed rule, this new 
rule removes the description of obsolete levels of care and modifies the 
level of care for ICFs/ID by incorporating the new definition of autism 
spectrum disorders.  It further replaces the previous term of disability with 
the appropriate term of "intermediate care facilities for persons with 
intellectual disabilities".
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Department does not anticipate any impact to the 
state budget because this new rule only updates previous requirements from 
the old rule and incorporates new terms and definitions for disabilities.
- LOCAL GOVERNMENTS:  There is no impact to local governments because they 
neither fund Medicaid nursing facilities nor make determinations for nursing 
facility admission.
- SMALL BUSINESSES:  The Department does not anticipate any impact to small 
businesses because this new rule only updates previous requirements from the 
old rule and incorporates new terms and definitions for disabilities.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no impact to Medicaid providers and to Medicaid recipients 
because this new rule only updates previous requirements from the old rule 
and incorporates new terms and definitions for disabilities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no impact to a single 
Medicaid provider or to a Medicaid recipient because this new rule only 
updates previous requirements from the old rule and incorporates new terms 
and definitions for disabilities.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Recognition of autism spectrum disorder and updating terms is 
not expected to have a negative fiscal impact on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36567.htm



INSURANCE
ADMINISTRATION
No. 36577 (Amendment): R590-122. Permissible Arbitration Provisions.
SUMMARY OF THE RULE OR CHANGE:  The changes:  correct layout; clarify that 
policies subject to Rule R590-214 are exempt from this rule; alphabetize the 
definitions; and add a Severability Section.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The changes are for clarification purposes and to clean-
up formatting problems.  They will not affect the revenues or expenditures of 
the department or state's budget.
- LOCAL GOVERNMENTS:  This rule affects licensees of the department and will 
have not affect on local governments.
- SMALL BUSINESSES:  The changes are for clarification purposes, to add a 
severability clause, and to clean-up formatting problems.  They will have no 
fiscal impact on small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The changes are for clarification purposes, to add a severability 
clause, and to clean-up formatting problems.  They will have no fiscal impact 
on businesses of any kind or individual consumers.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The changes are for clarification 
purposes, to add a severability clause, and to clean-up formatting problems.  
They will have no fiscal impact on businesses or individuals.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The changes to this rule will have no fiscal impact on Utah 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
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:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36577.htm

No. 36578 (Amendment): R590-151. Records Access Rule.
SUMMARY OF THE RULE OR CHANGE:  The changes to this rule include renumbering 
to comply with rulemaking standards and to allow for electronic GRAMA 
requests.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This will have no fiscal impact on the department's or 
state's budget.  It will allow for individuals to communicate GRAMA requests 
to the department more quickly and in many instances receive a quicker 
response.
- LOCAL GOVERNMENTS:  This rule and the amendments to it should have not 
fiscal impact on local governments since they deal solely with the 
department's constituents and licensees.
- SMALL BUSINESSES:  The changes will allow constituents and licensees to 
contact the department with GRAMA requests and in many cases receive 
responses more quickly.  The only impact these changes should have is to 
improve communication between the department and its constituents and 
licensees.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The changes will allow constituents and licensees to contact the 
department with GRAMA requests and in many cases receive responses more 
quickly.  The only impact these changes should have is to improve 
communication between the department and its constituents and licensees.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The changes will allow constituents 
and licensees to contact the department with GRAMA requests and in many cases 
receive responses more quickly.  The only impact these changes should have is 
to improve communication between the department and its constituents and 
licensees.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The changes to this rule will have no fiscal impact on 
businesses. They will improve access to the department.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
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:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36578.htm

No. 36596 (Amendment): R590-154. Unfair Marketing Practices Rule.
SUMMARY OF THE RULE OR CHANGE:  The following changes are being proposed in 
this rule:  adding the new Section 31A-23a-402.5 Inducements, citation to the 
Authority Section of the rule; Definition Section adds "Arms length," 
"Discrimination testing," "Fair market value," and "Social courtesy," and 
eliminates a definition for "Producer;" Re-numbers the rule to comply with 
rulemaking guidelines; Eliminates section entitled "Inducements, Gifts and 
Merchandise Given in Connection with Solicitation or Sale of Insurance;" Adds 
new section entitled "Electronic Platform and Application Systems;" Amends 
Severability section to follow the wording we are now using in all of our new 
rules.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The changes to this rule will have no fiscal impact on 
the department.  They will not affect filings, workload, revenues to or costs 
of the department.  The rule affects the relationship between agent/producer 
and the employers they insure.
- LOCAL GOVERNMENTS:  This rule and its changes will have no fiscal impact on 
local governments since they deal solely with the department, their licensees 
and the licensee's clients.
- SMALL BUSINESSES:  Prior to these changes, human resource services and 
legal services provided by an agency to a client were not allowed.  The rule 
and law still consider such services as unfair inducements but allows them 
when producers charge a fair market value for them.  If producers provide 
such services employers will be required to pay and if the producer stops 
providing such services they may lose business.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Prior to these changes, human resource services and legal services 
provided by an agency to a client were not allowed.  The rule and law still 
consider such services as unfair inducements but allows them when producers 
charge a fair market value for them.  If producers provide such services 
employers will be required to pay and if the producer stops providing such 
services they may lose business.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Prior to these changes, human 
resource services and legal services provided by an agency to a client were 
not allowed.  The rule and law still consider such services as unfair 
inducements but allows them when producers charge a fair market value for 
them.  If producers provide such services employers will be required to pay 
and if the producer stops providing such services they may lose business.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Producers may lose business when they are no longer able to 
provide improper free services to employers they insure. Employers who 
received these free services will have the option to pay for them or find 
cheaper insurance coverage elsewhere to help defray the additional cost of 
the service they will now have to pay for.  For those producers that did not 
provide services as an unfair inducement, there will probably be no impact, 
unless they see some business come their way from those employers looking for 
new coverage.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
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
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 09/11/2012 11:00 AM, State Office Bldg, 450 N State Street, Room 3112, Salt 
Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36596.htm

No. 36579 (Amendment): R590-176. Health Benefit Plan Enrollment.
SUMMARY OF THE RULE OR CHANGE:  Changes include:  code reference is being 
changed from that referring to the Basic Health Care Plan to the Utah NetCare 
Plan, as per H.B. 29; reducing requirement to quote NetCare Plan to when 
requested rather than to everyone as per H.B. 29; changing the term "insurer" 
to "carrier" to be consistent with Title 31A, Chapter 30; and changing the 
wording in the Severability Clause to be consistent with wording the 
department is now putting in new and amended rules.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The changes to this rule will have no fiscal impact on 
the department.  The rule will not require any increased filings or change in 
the revenues or expenses of the department or state budgets.  The only 
substantive change that will affect procedures is that of insurers only being 
required to provide quotes on the NetCare Plan when requested to do so.
- LOCAL GOVERNMENTS:  The changes to this rule will create no fiscal impact 
on local governments since the rule deals only with the department, their 
licensees and the licensees' consumers.
- SMALL BUSINESSES:  This rule will have no effect on small businesses since 
it is focused on health insurers, all of which are large businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The change that requires insurers to only provide quotes on NetCare 
policies when requested will reduce an insurer's workload from that of 
offering the basic health care plan to everyone. Whether or not that will 
cause a reduction in staff is not known at this time and would vary from 
insurer to insurer based upon the amount of NetCare business they do.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The change that requires insurers to 
only provide quotes on NetCare policies when requested will reduce an 
insurer's workload from that of offering the basic health care plan to 
everyone. Whether or not that will cause a reduction in staff is not known at 
this time and would vary from insurer to insurer based upon the amount of 
NetCare business they do.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  It is expected that the changes to this rule will have little, 
if any fiscal impact on health insurers.  If a health insurer does a great 
deal of NetCare business in Utah it is conceivable that the change in this 
rule requiring them to provide quotes to only those that ask, instead of 
everyone, could reduce their workload, a reduction in their workforce due to 
the limited uptake of NetCare policies.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
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:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36579.htm

No. 36615 (Amendment): R590-199. Plan of Orderly Withdrawal Rule Relating to 
Health Benefit Plans.
SUMMARY OF THE RULE OR CHANGE:  The following are changes made as a result of 
legislation:  updated references from Section 31A-22-703 to 31A-22-723.  
During the 2004 General Session, under H.B. 207, the legislature repealed 
Section 31A-22-703 and replaced it with Section 31A-22-723.  Policies, 
procedures, and requirements remained the same with these changes.  Updated 
reference from Subsection 31A-30-107(1)(f)(ii) to Subsections 31A-30-
107(3)(e) and 31A-30-107.1(3)(e).  Prior to 2002, Section 31A-30-107 applied 
to both individual and small employer health benefit plans.  During the 2002 
General Session, the legislature created two similar sections, one applying 
to small employer plans, Section 31a-30-107, and another section applying to 
individual plans, Section 31A-30-107.1.  There was no fiscal impact.  
Policies, procedures, and requirements remained the same.  Updated Subsection 
31A-30-104(2) to 31A-30-104(4), they were renumbered due to S.B. 122, 2002 
General Session.  Updated applicable sections of Title 31A, Chapter 30.  
Since this rule was put into effect in 2003, numerous sections have been 
added to Title 31A, Chapter 30.  None of these have created a fiscal impact 
on the state, businesses or consumers.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The above noted changes have had no fiscal impact on the 
department's workload, revenues, or expenses.  The changes simply move and 
re-arrange code text without changing policies, procedures, or requirements.
- LOCAL GOVERNMENTS:  The changes to this rule have had no impact on local 
governments since the changes deal solely with the relationship between the 
department and its licensees.
- SMALL BUSINESSES:  The changes to this rule have had no fiscal impact on 
the insurance industry or their clients.  The changes simply move and re-
arrange code text without changing policies, procedures, or requirements.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The changes to this rule have had no fiscal impact on the insurance 
industry or their clients.  The changes simply move and re-arrange code text 
without changing policies, procedures, or requirements.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The changes to this rule have had no 
fiscal impact on the insurance industry or their clients.  The changes simply 
move and re-arrange code text without changing policies, procedures, or 
requirements.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  These changes have had not fiscal impact on industry.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
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:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36615.htm



NATURAL RESOURCES
WATER RIGHTS
No. 36505 (Amendment): R655-10-7A. Review of Design.
SUMMARY OF THE RULE OR CHANGE:  The following rule is established under the 
authority of Title 73, Chapter 5a.  The procedures constitute minimum 
requirements for dams.  Additional procedures may be required to comply with 
any other governing statute, federal law, federal regulation, or local 
ordinance.  This rule applies to any dam constructed in the state with the 
exception of those specifically exempted by Section 73-5a-102.  Some dams may 
have an abbreviated approval process as outlined in Section 73-5a-202.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No cost involved--Clarification of processing does not 
require a dollar figure.
- LOCAL GOVERNMENTS:  No cost involved--Clarification of processing does not 
require a dollar figure.
- SMALL BUSINESSES:  No cost involved--Clarification of processing does not 
require a dollar figure.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No cost involved--Clarification of processing does not require a 
dollar figure.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No costs involved--Prior procedure 
processes encompassed funds 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--Clarification of process procedures 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 09/14/2012
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:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36505.htm

No. 36507 (Amendment): R655-11-5A. Geological and Seismic Study.
SUMMARY OF THE RULE OR CHANGE:  The current rule requires clarification and 
update to current industry practice.  The statutory obligation continues and 
there is a continuing need for the rules to provide guidance for requirements 
for the design, construction, and abandonment of dams.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No cost involved--Clarification of processing does not 
require a dollar figure.
- LOCAL GOVERNMENTS:  No cost involved--Clarification of processing does not 
require a dollar figure.
- SMALL BUSINESSES:  No cost involved--Clarification of processing does not 
require a dollar figure.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No cost involved--Clarification of processing does not require a 
dollar figure.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No cost involved--Clarification of 
processing does not require a dollar figure.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No physical impact--Clarification of process procedures 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 09/15/2012
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:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36507.htm

No. 36508 (Amendment): R655-11-5C. Method of Analysis.
SUMMARY OF THE RULE OR CHANGE:  The current rule requires clarification and 
update to current industry practice.  The statutory obligation continues and 
there is a continuing need for the rules to provide guidance for requirements 
for the design, construction, and abandonment of dams.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No cost involved--Clarification of processing does not 
require a dollar figure.
- LOCAL GOVERNMENTS:  No cost involved--Clarification of processing does not 
require a dollar figure.
- SMALL BUSINESSES:  No cost involved--Clarification of processing does not 
require a dollar figure.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No cost involved--Clarification of processing does not require a 
dollar figure.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No cost involved--Clarification of 
processing does not require a dollar figure.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No fiscal impact--Clarification of process procedures 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 09/15/2012
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:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36508.htm



PARDONS (BOARD OF)
ADMINISTRATION
No. 36558 (Amendment): R671-202. Notification of Hearings.
SUMMARY OF THE RULE OR CHANGE:  This rule change clarifies procedures 
regarding notification of hearings.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to the state budget.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- LOCAL GOVERNMENTS:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to local governments.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- SMALL BUSINESSES:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to small businesses.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Enactment of this rule amendment will have no fiscal impact and 
will impose no cost or savings to any other person.  The Board determined 
that there is no cost or savings because this rule is just a written 
articulation of an already-functioning internal Board procedure.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no compliance cost for 
affected persons.  The Board determined that there is no cost or savings 
because this rule is just a written articulation of an already-functioning 
internal Board procedure.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The Chairman of the Board of Pardons and Parole has considered 
this rule amendment, and finds that there is no fiscal impact on businesses 
because of this rule amendment.  Interested persons may present their views 
on the rule pursuant to Division of Administrative Rules process and 
procedures.  A public meeting was scheduled, noticed, and held regarding this 
rule amendment on Monday, 07/16/2012, at 8:00 a.m.  No person attended the 
hearing to comment on this rule amendment, and no comments have been received 
by the Board.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet 
E-mail at jagreen@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36558.htm

No. 36560 (Amendment): R671-203. Victim Input and Notification.
SUMMARY OF THE RULE OR CHANGE:  This rule change clarifies procedure for 
notifying victims of offender hearings, as well as setting up victim impact 
hearings, in accordance with state laws.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to the state budget.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- LOCAL GOVERNMENTS:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to local governments.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- SMALL BUSINESSES:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to small businesses.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Enactment of this rule amendment will have no fiscal impact and 
will impose no cost or savings to any other person.  The Board determined 
that there is no cost or savings because this rule is just a written 
articulation of an already-functioning internal Board procedure.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no compliance cost for 
affected persons.  The Board determined that there is no cost or savings 
because this rule is just a written articulation of an already-functioning 
internal Board procedure.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The Chairman of the Board of Pardons and Parole has considered 
this rule amendment, and finds that there is no fiscal impact on businesses 
because of this rule amendment.  Interested persons may present their views 
on the rule pursuant to Division of Administrative Rules process and 
procedures.  A public meeting was scheduled, noticed, and held regarding this 
rule amendment on Monday, 07/16/2012, at 8:00 a.m.  No person attended the 
hearing to comment on this rule amendment, and no comments have been received 
by the Board.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet 
E-mail at jagreen@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36560.htm

No. 36568 (Amendment): R671-301. Personal Appearance.
SUMMARY OF THE RULE OR CHANGE:  This rule change clarifies procedures for 
personal appearance at offender hearings.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to the state budget.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- LOCAL GOVERNMENTS:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to local governments.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- SMALL BUSINESSES:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to small businesses.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Enactment of this rule amendment will have no fiscal impact and 
will impose no cost or savings to any other person.  The Board determined 
that there is no cost or savings because this rule is just a written 
articulation of an already-functioning internal Board procedure.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no compliance cost for 
affected persons.  The Board determined that there is no cost or savings 
because this rule is just a written articulation of an already-functioning 
internal Board procedure.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The Chairman of the Board of Pardons and Parole has considered 
this rule amendment, and finds that there is no fiscal impact on businesses 
because of this rule amendment.  Interested persons may present their views 
on the rule pursuant to Division of Administrative Rules process and 
procedures.  A public meeting was scheduled, noticed, and held regarding this 
rule amendment on Monday, 07/16/2012 at 8:00 a.m.  No person attended the 
hearing to comment on this rule amendment, and no comments have been received 
by the Board.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet 
E-mail at jagreen@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36568.htm

No. 36569 (Amendment): R671-302. News Media and Public Access to Hearings.
SUMMARY OF THE RULE OR CHANGE:  This rule change clarifies procedures for 
news media and public access to hearings.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to the state budget.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- LOCAL GOVERNMENTS:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to local governments.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- SMALL BUSINESSES:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to small businesses.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Enactment of this rule amendment will have no fiscal impact and 
will impose no cost or savings to any other person.  The Board determined 
that there is no cost or savings because this rule is just a written 
articulation of an already-functioning internal Board procedure.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no compliance cost for 
affected persons.  The Board determined that there is no cost or savings 
because this rule is just a written articulation of an already-functioning 
internal Board procedure.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The Chairman of the Board of Pardons and Parole has considered 
this rule amendment, and finds that there is no fiscal impact on businesses 
because of this rule amendment.  Interested persons may present their views 
on the rule pursuant to Division of Administrative Rules process and 
procedures.  A public meeting was scheduled, noticed, and held regarding this 
rule amendment on Monday, 07/16/2012 at 8:00 a.m.  No person attended the 
hearing to comment on this rule amendment, and no comments have been received 
by the Board.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet 
E-mail at jagreen@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36569.htm

No. 36570 (Amendment): R671-304. Hearing Record.
SUMMARY OF THE RULE OR CHANGE:  This rule change clarifies procedure for 
creating records of hearing proceedings.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to the state budget.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- LOCAL GOVERNMENTS:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to local governments.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- SMALL BUSINESSES:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to small businesses.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Enactment of this rule amendment will have no fiscal impact and 
will impose no cost or savings to any other person.  The Board determined 
that there is no cost or savings because this rule is just a written 
articulation of an already-functioning internal Board procedure.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no compliance cost for 
affected persons.  The Board determined that there is no cost or savings 
because this rule is just a written articulation of an already-functioning 
internal Board procedure.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The Chairman of the Board of Pardons and Parole has considered 
this rule amendment, and finds that there is no fiscal impact on businesses 
because of this rule amendment.  Interested persons may present their views 
on the rule pursuant to Division of Administrative Rules process and 
procedures.  A public meeting was scheduled, noticed, and held regarding this 
rule amendment on Monday, 07/16/2012 at 8:00 a.m.  No person attended the 
hearing to comment on this rule amendment, and no comments have been received 
by the Board.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet 
E-mail at jagreen@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36570.htm

No. 36571 (Amendment): R671-305. Notification of Board Decision.
SUMMARY OF THE RULE OR CHANGE:  This rule change clarifies procedures for 
Board decisions and orders.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to the state budget.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- LOCAL GOVERNMENTS:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to local governments.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- SMALL BUSINESSES:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to small businesses.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Enactment of this rule amendment will have no fiscal impact and 
will impose no cost or savings to any other person.  The Board determined 
that there is no cost or savings because this rule is just a written 
articulation of an already-functioning internal Board procedure.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no compliance cost for 
affected persons.  The Board determined that there is no cost or savings 
because this rule is just a written articulation of an already-functioning 
internal Board procedure.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The Chairman of the Board of Pardons and Parole has considered 
this rule amendment, and finds that there is no fiscal impact on businesses 
because of this rule amendment.  Interested persons may present their views 
on the rule pursuant to Division of Administrative Rules process and 
procedures.  A public meeting was scheduled, noticed, and held regarding this 
rule amendment on Monday, 07/16/2012 at 8:00 a.m.  No person attended the 
hearing to comment on this rule amendment, and no comments have been received 
by the Board.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet 
E-mail at jagreen@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36571.htm

No. 36572 (Amendment): R671-309. Impartial Hearings.
SUMMARY OF THE RULE OR CHANGE:  This rule change clarifies procedures for 
holding impartial hearings.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to the state budget.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- LOCAL GOVERNMENTS:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to local governments.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- SMALL BUSINESSES:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to small businesses.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Enactment of this rule amendment will have no fiscal impact and 
will impose no cost or savings to any other person.  The Board determined 
that there is no cost or savings because this rule is just a written 
articulation of an already-functioning internal Board procedure.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no compliance cost for 
affected persons.  The Board determined that there is no cost or savings 
because this rule is just a written articulation of an already-functioning 
internal Board procedure.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The Chairman of the Board of Pardons and Parole has considered 
this rule amendment, and finds that there is no fiscal impact on businesses 
because of this rule amendment.  Interested persons may present their views 
on the rule pursuant to Division of Administrative Rules process and 
procedures.  A public meeting was scheduled, noticed, and held regarding this 
rule amendment on Monday, 07/16/2012 at 8:00 a.m.  No person attended the 
hearing to comment on this rule amendment, and no comments have been received 
by the Board.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet 
E-mail at jagreen@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36572.htm

No. 36573 (Amendment): R671-311. Special Attention Hearings and Reviews.
SUMMARY OF THE RULE OR CHANGE:  This rule change clarifies procedures for 
special attention hearings and reviews.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to the state budget.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- LOCAL GOVERNMENTS:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to local governments.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- SMALL BUSINESSES:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to small businesses.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Enactment of this rule amendment will have no fiscal impact and 
will impose no cost or savings to any other person.  The Board determined 
that there is no cost or savings because this rule is just a written 
articulation of an already-functioning internal Board procedure.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no compliance cost for 
affected persons.  The Board determined that there is no cost or savings 
because this rule is just a written articulation of an already-functioning 
internal Board procedure.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The Chairman of the Board of Pardons and Parole has considered 
this rule amendment, and finds that there is no fiscal impact on businesses 
because of this rule amendment.  Interested persons may present their views 
on the rule pursuant to Division of Administrative Rules process and 
procedures.  A public meeting was scheduled, noticed, and held regarding this 
rule amendment on Monday, 07/16/2012 at 8:00 a.m.  No person attended the 
hearing to comment on this rule amendment, and no comments have been received 
by the Board.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet 
E-mail at jagreen@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36573.htm

No. 36555 (New Rule): R671-313. Commutation Hearings (Non-Death Penalty 
Cases).
SUMMARY OF THE RULE OR CHANGE:  This rules establishes hearing procedures for 
non-death penalty commutation hearing cases.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Enactment of this rule will have no fiscal impact and 
will impose no cost or savings to the state budget.  The Board determined 
that there is no cost or savings because this rule is just a written 
articulation of an already-functioning internal Board procedure.
- LOCAL GOVERNMENTS:  Enactment of this rule will have no fiscal impact and 
will impose no cost or savings to local government.  The Board determined 
that there is no cost or savings because this rule is just a written 
articulation of an already-functioning internal Board procedure.
- SMALL BUSINESSES:  Enactment of this rule will have no fiscal impact and 
will impose no cost or savings to small businesses.  The Board determined 
that there is no cost or savings because this rule is just a written 
articulation of an already-functioning internal Board procedure.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Enactment of this rule have no fiscal impact and will impose no 
cost or savings to any other person.  The Board determined that there is no 
cost or savings because this rule is just a written articulation of an 
already-functioning internal Board procedure.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no compliance cost for 
affected persons.  The Board determined that there is no cost or savings 
because this rule is just a written articulation of an already-functioning 
internal Board procedure.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The Chairman of the Board of Pardons and Parole has considered 
this proposed rule, and finds that there is no fiscal impact on businesses 
because of this rule.  Interested persons may present their views on the rule 
pursuant to Division of Administrative Rules process and procedures.  A 
public meeting was scheduled, noticed, and held regarding this rule on 
Monday, 07/16/2012, at 8:00 a.m.  No person attended the hearing to comment 
on this proposed rule, and no comments have been received by the Board.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet 
E-mail at jagreen@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36555.htm

No. 36574 (Amendment): R671-315. Pardons.
SUMMARY OF THE RULE OR CHANGE:  This rule change clarifies pardon procedures.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to the state budget.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- LOCAL GOVERNMENTS:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to local governments.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- SMALL BUSINESSES:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to small businesses.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Enactment of this rule amendment will have no fiscal impact and 
will impose no cost or savings to any other person.  The Board determined 
that there is no cost or savings because this rule is just a written 
articulation of an already-functioning internal Board procedure.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no compliance cost for 
affected persons.  The Board determined that there is no cost or savings 
because this rule is just a written articulation of an already-functioning 
internal Board procedure.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The Chairman of the Board of Pardons and Parole has considered 
this rule amendment, and finds that there is no fiscal impact on businesses 
because of this rule amendment.  Interested persons may present their views 
on the rule pursuant to Division of Administrative Rules process and 
procedures.  A public meeting was scheduled, noticed, and held regarding this 
rule amendment on Monday, 07/16/2012 at 8:00 a.m.  No person attended the 
hearing to comment on this rule amendment, and no comments have been received 
by the Board.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet 
E-mail at jagreen@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36574.htm

No. 36575 (Amendment): R671-316. Redetermination.
SUMMARY OF THE RULE OR CHANGE:  This rule change clarifies rehearing 
procedures.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to the state budget.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- LOCAL GOVERNMENTS:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to local governments.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- SMALL BUSINESSES:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to small businesses.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Enactment of this rule amendment will have no fiscal impact and 
will impose no cost or savings to any other person.  The Board determined 
that there is no cost or savings because this rule is just a written 
articulation of an already-functioning internal Board procedure.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no compliance cost for 
affected persons.  The Board determined that there is no cost or savings 
because this rule is just a written articulation of an already-functioning 
internal Board procedure.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The Chairman of the Board of Pardons and Parole has considered 
this rule amendment, and finds that there is no fiscal impact on businesses 
because of this rule amendment.  Interested persons may present their views 
on the rule pursuant to Division of Administrative Rules process and 
procedures.  A public meeting was scheduled, noticed, and held regarding this 
rule amendment on Monday, 07/16/2012 at 8:00 a.m.  No person attended the 
hearing to comment on this rule amendment, and no comments have been received 
by the Board.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet 
E-mail at jagreen@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36575.htm

No. 36556 (Amendment): R671-402. Special Conditions of Parole.
SUMMARY OF THE RULE OR CHANGE:  This rule change establishes and clarifies 
guidelines for adding special conditions of parole.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to the state budget.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- LOCAL GOVERNMENTS:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to local governments.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- SMALL BUSINESSES:  Enactment of this rule amendment will have no fiscal 
impact and will impose no cost or savings to small businesses.  The Board 
determined that there is no cost or savings because this rule is just a 
written articulation of an already-functioning internal Board procedure.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Enactment of this rule amendment will have no fiscal impact and 
will impose no cost or savings to any other person.  The Board determined 
that there is no cost or savings because this rule is just a written 
articulation of an already-functioning internal Board procedure.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no compliance cost for 
affected persons.  The Board determined that there is no cost or savings 
because this rule is just a written articulation of an already-functioning 
internal Board procedure.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The Chairman of the Board of Pardons and Parole has considered 
this rule amendment, and finds that there is no fiscal impact on businesses 
because of this rule amendment.  Interested persons may present their views 
on the rule pursuant to Division of Administrative Rules process and 
procedures.  A public meeting was scheduled, noticed, and held regarding this 
rule amendment on Monday, 07/16/2012, at 8:00 a.m.  No person attended the 
hearing to comment on this rule amendment, and no comments have been received 
by the Board.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet 
E-mail at jagreen@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36556.htm



PUBLIC SAFETY
DRIVER LICENSE
No. 36503 (Amendment): R708-41-4. Obtaining a Utah Learner Permit, 
Provisional License Certificate, Regular License Certificate, Limited-Term 
License Certificate, Driving Privilege Card, CDL Certificate, Limited-Term 
CDL Certificate, Identification Card, or Limited-Term Identification Card.
SUMMARY OF THE RULE OR CHANGE:  This rule change clarifies that an applicant 
for a Utah driver license does not need to provide documentation for a driver 
education course if they are 19 years of age or older.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This change will not result in a cost or savings to the 
state budget because the state does not offer private driver education 
courses.
- LOCAL GOVERNMENTS:  This change will not result in a cost or savings to 
local government because local government does not offer private driver 
education courses.
- SMALL BUSINESSES:  This rule change simply brings the text of the rule in 
line with the amendment to statute.   The loss of business for private driver 
education providers is the result of a change to statute.  For further 
information, please refer to the fiscal note attached to H.B. 266 from the 
2012 General Session.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule change simply brings the text of the rule in line with an 
amendment to Utah statute.  The savings for individuals 19 years of age or 
older for not having to complete a driver education course is the result of a 
change to statute.  For further information, please refer to the fiscal note 
attached to H.B. 266 from the 2012 General Session.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons because the amendment simply removes a documentation 
requirement.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule change simply brings the text of the rule in line with 
the amendment to the statute.  The loss of business for private driver 
education providers is the result of a change to the statute.  For further 
information, please refer to the fiscal note attached to H.B. 266 from the 
2012 General Session.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jill Laws by phone at 801-964-4469, by FAX at 801-964-4482, or by Internet 
E-mail at jlaws@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36503.htm



TAX COMMISSION
ADMINISTRATION
No. 36546 (Amendment): R861-1A-12. Policies and Procedures Regarding Public 
Disclosure Pursuant to Utah Code Ann. Section 59-1-210.
SUMMARY OF THE RULE OR CHANGE:  The proposed amendment provides that hearings 
related to the enforcement of Title 41, Chapter 3, Motor Vehicle Business 
Regulation are open to the public, and clarifies that all other hearings 
before the commission are confidential tax matters and not open to the 
public; provides that orders resulting from enforcement of Title 41, Chapter 
3, Motor Vehicle Business Regulation are public information, and clarifies 
when all other commission orders may be disclosed to persons other than the 
named parties; deletes language regarding the sharing of information with 
political subdivisions and the Multistate Tax Commission that are 
sufficiently covered in statute; defines "delinquent taxpayer" and clarifies 
the information the commission may disclose regarding delinquent taxpayers; 
and makes technical changes.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  None--Changes resulting from opening hearings and 
publicizing the resulting orders do not have any cost impact; the other 
proposed changes match current practice.
- LOCAL GOVERNMENTS:  None--Changes resulting from opening hearings and 
publicizing the resulting orders do not have any cost impact; the other 
proposed changes match current practice.
- SMALL BUSINESSES:  None--Changes resulting from opening hearings and 
publicizing the resulting orders do not have any cost impact; the other 
proposed changes match current practice.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: None--Changes resulting from opening hearings and publicizing the 
resulting orders do not have any cost impact; the other proposed changes 
match current practice.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  None--Changes resulting from opening 
hearings and publicizing the resulting orders do not have any cost impact; 
the other proposed changes match current practice.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  These proposals create no fiscal impact.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by 
Internet E-mail at cj@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36546.htm


MOTOR VEHICLE
No. 36547 (Amendment): R873-22M-42. Issuance of Nonrepairable Certificate in 
Certain Circumstances Pursuant to Utah Code Ann. Section 41-1a-1005.5.
SUMMARY OF THE RULE OR CHANGE:  The proposed section indicates the documents 
and information an insurance company must submit with an application for a 
nonrepairable certificate to prove that it meets the statutory requirements 
to receive a nonrepairable certificate.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  None--Any fiscal impact was considered in S.B. 260 (2012 
General Session).
- LOCAL GOVERNMENTS:  None--Any fiscal impact was considered in S.B. 260 
(2012 General Session).
- SMALL BUSINESSES:  None--Any fiscal impact was considered in S.B. 260 (2012 
General Session).
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: None--Any fiscal impact was considered in S.B. 260 (2012 General 
Session).
COMPLIANCE COSTS FOR AFFECTED PERSONS:  None--The proposed rule indicates the 
documents and information an insurance company must submit with an 
application for a nonrepairable certificate to prove that it meets the 
statutory requirements to receive a nonrepairable certificate.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This proposal in response to legislative action creates no new 
fiscal impact.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by 
Internet E-mail at cj@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36547.htm



TRANSPORTATION
PRECONSTRUCTION, RIGHT-OF-WAY ACQUISITION
No. 36608 (Amendment): R933-2. Control of Outdoor Advertising Signs.
SUMMARY OF THE RULE OR CHANGE:  This rule change defines the word 
"contiguous", defines the concept of a "unified commercial development", and 
specifies what constitutes completed roadway construction for purposes of 
issuing outdoor advertising permits.  These changes will prevent the 
department from being pressured into making permitting decisions before the 
final highway configuration is determined, and clarify the legal distinction 
between what constitutes on-premise verses off-premise advertising.  These 
changes will help the department maintain operational effectiveness of its 
outdoor advertising control program and help ensure compliance with the 
Federal Highway Beautification Act so that eligibility for federal funding is 
not jeopardized.  The proposed changes also remove fee amounts that are 
included in the Utah Code, clarifies that permits are transferable, clarifies 
how and for what time period fees are collected, and makes other stylistic 
and grammatical changes.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Failing to maintain "effective control" of outdoor 
advertising can trigger a ten percent reduction in total federal highway 
monies received by the state.  This is currently estimated to be in the tens 
of millions of dollars.  Additionally, litigation costs are unknown, but 
expected to be substantial in order to defend against applicants claiming 
inverse commendation for takings arising out of the department not issuing 
outdoor advertising permits in locations where highway design is considered 
incomplete. Enacting this rule change will help prevent these costs.
- LOCAL GOVERNMENTS:  There are no anticipated cost or savings to local 
government because the rule only applies to outdoor advertising regulated by 
the state.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
businesses because the rule change only clarifies terms used in the rule to 
help the department comply with the Federal Highway Beautification Act except 
those associated with a possible delay in advertising revenue for persons 
seeking an outdoor advertising permit along a highway construction project 
until design of the project is completed and a permit can be issued.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or savings to persons other than small 
businesses, businesses, or local government entities because the rule change 
only clarifies terms used in the rule to help the department comply with the 
Federal Highway Beautification Act.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no anticipated costs for 
affected persons except those associated with a possible delay in advertising 
revenue for persons seeking an outdoor advertising permit along a highway 
construction project until design of the project is completed and a permit 
can be issued.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There are no anticipated fiscal impacts on businesses except 
those associated with a possible delay in advertising revenue for businesses 
seeking an outdoor advertising permit along a highway construction project 
until design of the project is completed and a permit can be issued.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by 
Internet E-mail at cwnewman@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 08/27/2012 01:00 PM, Calvin Rampton Complex, 4501 S 2700 W, First Floor, 
Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36608.htm

No. 36606 (Amendment): R933-3-4. When Access is Controlled.
SUMMARY OF THE RULE OR CHANGE:  The rule concerns how access is controlled 
and/or granted on limited access facilities.  Subsection R933-3-4(2) states 
in part, "Except for minor arterial highways adjacent to a freeway 
interchange, control shall not be established if the road is less than one 
mile in length."  This statement conflicts with Rule R930-6 and, if not 
deleted, will prevent UDOT from exercising effective access control.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There may be some saving to the state budget because the 
existing conflict between Rule R930-6 and Rule R933-3 can contribute to 
increased staff costs when conflicting regulatory language becomes a 
catalyst, or driver, for an otherwise unnecessary administrative appeal 
hearing, or other legal review process.
- LOCAL GOVERNMENTS:  Local governments may derive indirect benefits and cost 
savings through qualitative program improvements resulting from the removal 
of this conflicting regulatory language.
- SMALL BUSINESSES:  Small businesses may derive indirect benefits and cost 
savings through qualitative program improvements resulting from the removal 
of this conflicting regulatory language.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no anticipated costs or savings to persons other than 
small businesses, businesses, or local government entities because the change 
only eliminates a conflict between existing rules.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no anticipated compliance 
costs for affected persons because the change only eliminates a conflict 
between existing rules.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There are no anticipated fiscal impacts on businesses because 
the change only eliminates a conflict between existing rules, except to the 
extent businesses may derive indirect benefits and cost savings through 
qualitative program improvements resulting from the removal of this 
conflicting regulatory language.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by 
Internet E-mail at cwnewman@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36606.htm



WORKFORCE SERVICES
EMPLOYMENT DEVELOPMENT
No. 36621 (Amendment): R986-900-902. Options and Waivers.
SUMMARY OF THE RULE OR CHANGE:  Currently the Department exempts eligible 
food stamp clients from the employment and training requirements if the 
client earns an amount equal to minimum wage for 80 hours per month.  The 
option is being changed to allow the exemption for eligible clients who have 
earned income during the month, regardless of how much the client earns.  The 
current option is difficult to administer and the Department has found that 
if a client is working, the client meets the requirements as to number of 
hours or income.  This is not likely to impact many recipients and only 
waives the E&T requirements, it does not make an otherwise ineligible 
recipient eligible.
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 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by 
Internet E-mail at spixton@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36621.htm


UNEMPLOYMENT INSURANCE
No. 36613 (Amendment): R994-201-101. General Definitions and Acronyms.
SUMMARY OF THE RULE OR CHANGE:  The Department's current definition of 
covered wages is inaccurate and does not follow federal law.  Railroad 
employment is covered by a different unemployment law and wages earned 
working for a railroad cannot be considered covered employment under the 
unemployment insurance administered by the Department.  This proposed 
amendment corrects that oversight and makes the definition of when military 
wages can be used more precise.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This will have no impact on the state budget or on any 
employer.  The Department knows of no case where railroad wages were used as 
covered wages in determining eligibility for unemployment benefits so it is 
not anticipated this will save the state budget.  The definition for military 
wages is the same definition which has always been used just more clearly 
stated.
- LOCAL GOVERNMENTS:  This will have no impact on any employer, including any 
local government acting as an employer.  By not including railroad wages it 
would theoretically save employers money but since the Department has never 
used railroad wages as covered wages in determining eligibility for 
unemployment benefits, it is not anticipated this will save any employer.  
The definition for military wages is the same definition which has always 
been used just more clearly stated.
- SMALL BUSINESSES:  This will have no impact on any small business.  The 
rates paid by small businesses will not go up or down as a result of this 
proposed change.  The Department knows of no instance where railroad wages 
were used as covered wages in determining eligibility for unemployment 
benefits so it is not anticipated this will change unemployment rates.  The 
definition for military wages is the same definition which has always been 
used just more clearly stated.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This proposed change will have no impact on any business or local 
government entities as it is not anticipated this will impact contribution 
rates for employers.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons as there are no compliance costs associated with these 
proposed changes.  Railroad employees will not be affected as they are 
covered under a different unemployment system.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There are no compliance costs associated with this change.  
There are no fees associated with this change.  There will be no cost to 
anyone to comply with these changes.  There will be no fiscal impact on any 
business.  These changes will have no impact on any employer's contribution 
tax rate.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by 
Internet E-mail at spixton@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36613.htm

No. 36619 (Amendment): R994-403. Claim for Benefits.
SUMMARY OF THE RULE OR CHANGE:  Currently a claimant cannot use unused wage 
credits unless the claimant has requalifying wages and received benefits on 
the earlier claim.  This proposed change would allow the wages to be used 
only if the claimant did not receive benefits on the earlier claim.  This is 
done in the interest of fairness to claimants and employers.  If a claimant 
fails to provide information as required or register for a workshop as 
required, current rule gives the claimant a "reasonable period of time" to 
comply.  A "reasonable period" has been considered 21 days.  This proposed 
change will set 7 days as a reasonable period of time to comply.  This change 
will give claimants enough time to comply without disadvantaging employers.  
This proposed amendment attempts to standardize the language used to define 
good cause and adds agent to the provision concerning employers.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This is a federally-funded program so there are no costs 
or savings to the state budget.  It is not anticipated that contributions 
paid by employers, including the state, will go down an appreciable amount.  
Those rates will not go up as a result of these proposed changes.
- LOCAL GOVERNMENTS:  This is a federally-funded program so there are no 
costs or savings to local government.  It is not anticipated that 
contributions paid by employers, including the local governments, will go 
down an appreciable amount.  Those rates will not go up as a result of these 
proposed changes.
- SMALL BUSINESSES:  This is a federally-funded program so there are no costs 
or savings to small businesses.  It is not anticipated that contributions 
paid by employers, including small businesses, will go down an appreciable 
amount.  Those rates will not go up as a result of these proposed changes.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no costs or savings to any other persons other than small 
businesses, businesses, or local governmental entitles as there are no fees 
associated with this program and it is federally funded.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no costs or savings to any 
affected persons as there are no fees associated with this program and it is 
federally funded.  These changes will not impact any employers contribution 
rate.  Claimants will be given adequate notice of the time necessary to 
comply.  Claimants currently comply within an average of 5.5 days.  It is not 
believed any claimant will be affected by this change.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There are no compliance costs associated with this change.  
There are no fees associated with this change.  There will be no cost to 
anyone to comply with these changes.  There will be no fiscal impact on any 
business.  These changes will have no impact on any employer's contribution 
tax rate.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by 
Internet E-mail at spixton@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36619.htm




3.  NOTICES OF CHANGES IN PROPOSED RULES

After an agency has published a Proposed Rule in the Utah State Bulletin, it 
may receive public comment that requires the Proposed Rule to be altered 
before it goes into effect.  A Change in Proposed Rule allows an agency to 
respond to comments it receives. 

While the law does not designate a comment period for a Change in Proposed 
Rule, it does provide for a 30-day waiting period.  An agency may accept 
additional comments during this period, and, at its option, may designate a 
comment period or may hold a public hearing.  The 30-day waiting period for 
Changes in Proposed Rules published in Utah State Bulletin ends September 14, 
2012.

From the end of the 30-day waiting period through December 13, 2012, an 
agency may notify the Division of Administrative Rules that it wants to make 
the Change in Proposed Rule effective.  When an agency submits a Notice of 
Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by 
the Change in Proposed Rule becomes the effective rule.  The agency sets the 
effective date.  The date may be no fewer than 30 days nor more than 120 days 
after the publication of the Change in Proposed Rule.  If the agency 
designates a public comment period, the effective 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.  Alternatively, the agency may file 
another Change in Proposed Rule in response to additional comments received.  
If the Division of Administrative Rules does not receive a Notice of 
Effective Date or another Change in Proposed Rule by the end of the 120-day 
period after publication, the Change in Proposed Rule filings, along with its 
associated Proposed Rule, lapses and the agency must start the process over. 

Changes in Proposed Rules are governed by Section 63G-3-303; Rule R15-2; and 
Sections R15-4-3, R15-4-5, R15-4-7, and R15-4-9.


ENVIRONMENTAL QUALITY
AIR QUALITY
No. 36176 (Change in Proposed Rule): R307-801. Utah Asbestos Rule.
SUMMARY OF THE RULE OR CHANGE:  Many of the changes are to modify the rule to 
clearly represent the intent of the changes required by H.B. 189 (2012 
General Session).  Subsection R307-801-2(1)(d) is changed to clarify that the 
provision applies to contractors for hire.  Two changes to definitions found 
in Section R307-801-3 are made.  The definitions for "Asbestos-Containing 
Waste Material (ACWM)" and "Regulated Facilities" are changed.  Subsection 
R307-801-5(1) is changed to clarify that all persons shall obtain a company 
certification before conducting work at a regulated facility.  Section R307-
801-6 is changed to clarify that all persons shall have individual 
certifications before doing regulated asbestos work in a regulated facility.  
Subsection R307-801-9(1) is changed by removing "working in a regulated 
facility" from the subsection.  Changes in Section R307-801-10 are made to 
clarify that persons and laboratories who test for asbestos shall be 
accredited by a nationally recognized testing program.  Other rule references 
are added to clarify the applicability of the rule.  Subsection R307-801-
14(1) is changed to clarify that persons conducting renovation work in 
regulated facilities shall follow the work practices of Section R307-801-14.  
Sections R307-801-16, R307-801-17, and R307-801-18 are changed to clarify 
that requirements of the subsections apply to regulated facilities.  (DAR 
NOTE:  This change in proposed rule has been filed to make additional changes 
to a proposed repeal and reenact that was published in the June 1, 2012, 
issue of the Utah State Bulletin, on page 39.  Underlining in the rule below 
indicates text that has been added since the publication of the proposed rule 
mentioned above; strike-out indicates text that has been deleted.  You must 
view the change in proposed rule and the proposed repeal and reenact together 
to understand all of the changes that will be enforceable should the agency 
make this rule effective.)
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings as the changes 
to the proposed rule are to simply clarify the applicability and definitions 
of the rule.
- LOCAL GOVERNMENTS:  There are no anticipated costs or savings as the 
changes to the proposed rule are to simply clarify the applicability and 
definitions of the rule.
- SMALL BUSINESSES:  There are no anticipated costs or savings as the changes 
to the proposed rule are to simply clarify the applicability and definitions 
of the rule.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no anticipated costs or savings as the changes to the 
proposed rule are to simply clarify the applicability and definitions of the 
rule.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons. These changes simply clarify the intent of the original 
proposed rule.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be no fiscal impact on businesses as a result of this 
change in proposed rule.  The changes are simply to clarify the intent of the 
original proposed rule.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by 
Internet E-mail at mberger@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36176.htm



PUBLIC SERVICE COMMISSION
ADMINISTRATION
No. 36214 (Change in Proposed Rule): R746-313. Electric Service Reliability.
SUMMARY OF THE RULE OR CHANGE:  The rule was changed to:  incorporate the 
most recent version of the standard upon which the rule is based (05/31/2012 
version of Standard IEEE 1366 -- 2012 Guide for Electric Power Distribution 
Reliability Indices); delete duplicative/unnecessary text and references; 
delete definitions which are provided in IEEE-1366 upon which the rule is 
based; delete the requirement for an electric corporation to have a Public 
Service Commission-approved electric service reliability program; add a 
requirement for an electric corporation to file for approval by the Public 
Service Commission reliability performance baselines for two electric service 
reliability indices (namely, System Average Interruption Duration Index and 
System Average Interruption Frequency Index) and identify associated filing 
requirements; add the requirement to report on deviations from approved 
reliability performance baselines; and overall reduce the amount of 
information required in an electric corporation's annual report on electric 
service reliability.  (DAR NOTE:  This change in proposed rule has been filed 
to make additional changes to a proposed new rule that was published in the 
June 1, 2012, issue of the Utah State Bulletin, on page 96.  Underlining in 
the rule below indicates text that has been added since the publication of 
the proposed rule mentioned above; strike-out indicates text that has been 
deleted.  You must view the change in proposed rule and the proposed new rule 
together to understand all of the changes that will be enforceable should the 
agency make this rule effective.)
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This rule will have no cost effect on the state budget, 
however, to the extent electric service reliability is improved or does not 
degrade below that which is already provided, or adverse electric service 
reliability impacts are avoided, the rule benefits the state and the state 
budget in general.
- LOCAL GOVERNMENTS:  This rule will have no cost effect on local governments 
who operate their own municipal electric utility systems. This rule will have 
no cost effect on local governments who are supplied electricity via a rural 
electric cooperative or an investor-owned utility, however, to the extent 
electric service reliability is improved or does not degrade below that which 
is already provided, or adverse electric service reliability impacts are 
avoided, the rule benefits local governments and their constituents.
- SMALL BUSINESSES:  This rule will have no direct cost effect on small 
businesses. Small businesses benefit to the extent electric service 
reliability is improved or does not degrade below that which is already 
provided, or adverse electric service reliability impacts are avoided.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Other than rural electric cooperatives and investor-owned electric 
utilities, this rule will have no direct cost effect on persons other than 
small businesses, businesses, or local government entities.  Persons other 
than rural electric cooperatives and investor-owned electric utilities 
benefit to the extent electric service reliability is improved or does not 
degrade below that which is already provided, or adverse electric service 
reliability impacts are avoided.  This rule formalizes the practices, 
commitments and standards related to evaluating, tracking and measuring 
electric service reliability, which generally are currently being utilized by 
electric corporations and distribution electrical cooperatives which are also 
public utilities.  Electric corporations could incur costs associated with 
penalties for violation of approved standards or electric service reliability 
program elements.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  This rule formalizes the practices, 
commitments and standards related to evaluating, tracking and measuring 
electric service reliability, which generally are currently being utilized by 
electric corporations and distribution electrical cooperatives which are also 
public utilities.  Electric corporations could incur costs associated with 
penalties for deviations of approved performance baselines.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule is important to ensure electric customers are provided 
electric service which is adequate, efficient, just and reasonable as 
required by Section 54-3-1.  This rule will have no fiscal impact on 
businesses and may provide a benefit in the form of electric service 
reliability.  This rule benefits businesses in general as reliable electric 
service is one of the cornerstones for reliable business operations. 
Previously, commitments to electric service reliability by electric 
corporations were parts of voluntary merger commitments.  This rule will 
ensure lasting requirements for electric service reliability which benefits 
businesses and the State of Utah in general.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 09/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- David Clark by phone at 801-530-6708, by FAX at 801-530-6796, or by 
Internet E-mail at drexclark@utah.gov
- Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by 
Internet E-mail at sbintz@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36214.htm




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

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

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

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


AUDITOR
ADMINISTRATION
No. 36506 (5-year Review): R123-3. State Auditor Adjudicative Proceedings.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule should be continued if an entity qualifies as an "agency of the 
state."
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Betsy Ross by phone at 801-538-1355, by FAX at 801-538-1383, or by Internet 
E-mail at betsyross@utah.gov
EFFECTIVE:  07/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36506.htm

No. 36509 (5-year Review): R123-4. Public Petitions for Declaratory Orders.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule should be continued to the extent that Section 63G-4-503 requires 
"each agency" to issue a rule addressing declaratory orders.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Betsy Ross by phone at 801-538-1355, by FAX at 801-538-1383, or by Internet 
E-mail at betsyross@utah.gov
EFFECTIVE:  07/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36509.htm

No. 36510 (5-year Review): R123-5. Audit Requirements for Audits of Political 
Subdivisions and Nonprofit Organizations.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The rule should be continued because it is required by statute and there have 
been no comments in opposition to the rule.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Betsy Ross by phone at 801-538-1355, by FAX at 801-538-1383, or by Internet 
E-mail at betsyross@utah.gov
EFFECTIVE:  07/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36510.htm



COMMERCE
SECURITIES
No. 36537 (5-year Review): R164-9. Registration by Coordination.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule defines key terms and establishes the specific procedures that an 
applicant for Registration by Coordination must adhere to in obtaining 
approval of its registration statement.  The rule also coordinates 
registration procedures with Canada under the Multijurisdictional Disclosure 
System and should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Benjamin Johnson by phone at 801-530-6134, by FAX at 801-530-6980, or by 
Internet E-mail at bnjohnson@utah.gov
EFFECTIVE:  07/25/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36537.htm

No. 36538 (5-year Review): R164-10. Registration by Qualification.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule defines key terms, sets forth filing and procedural requirements, 
and provides a comprehensive disclosure regimen for offerings registered by 
qualification and should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Benjamin Johnson by phone at 801-530-6134, by FAX at 801-530-6980, or by 
Internet E-mail at bnjohnson@utah.gov
EFFECTIVE:  07/25/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36538.htm

No. 36539 (5-year Review): R164-11. Registration Statement.
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 established to ensure disclosure of material information, 
prevent fraud, and limit excessive promoter profits in registered securities 
offerings.  In addition, the rule serves to establish procedures for fairness 
hearings and for the impound of funds in offerings registered by 
qualification until the division approves a release of those funds.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Benjamin Johnson by phone at 801-530-6134, by FAX at 801-530-6980, or by 
Internet E-mail at bnjohnson@utah.gov
EFFECTIVE:  07/25/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36539.htm

No. 36540 (5-year Review): R164-12. Sales Commission.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  As 
a protection for investors, this rule limits the amount of commission-related 
compensation that can be paid in connection with a public offering and should 
be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Benjamin Johnson by phone at 801-530-6134, by FAX at 801-530-6980, or by 
Internet E-mail at bnjohnson@utah.gov
EFFECTIVE:  07/25/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36540.htm

No. 36541 (5-year Review): R164-14. Exemptions.
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 aids the public in qualifying for exemptions from registration by 
setting forth in detail filing and qualification requirements for many of the 
statutory exemptions.  It also establishes several additional exemptions by 
rule and should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Benjamin Johnson by phone at 801-530-6134, by FAX at 801-530-6980, or by 
Internet E-mail at bnjohnson@utah.gov
EFFECTIVE:  07/25/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36541.htm

No. 36542 (5-year Review): R164-15. Federal Covered Securities.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule should be continued as it prescribes the notice filing procedures 
authorized by Section 61-1-15.5.  The operation of this rule helps to ensure 
that the division receives notice of federal covered securities offered to 
residents of this state.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Benjamin Johnson by phone at 801-530-6134, by FAX at 801-530-6980, or by 
Internet E-mail at bnjohnson@utah.gov
EFFECTIVE:  07/25/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36542.htm

No. 36543 (5-year Review): R164-26. Consent to Service of Process.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The Act allows the division to accept service of process for individuals or 
companies registered under the Act.  This rule outlines the process, and 
should be continued.  For the service to be effective, the plaintiff in the 
action (whether the division or a private party) must send a copy of the 
process, by registered mail, to the defendant's or respondent's last address 
filed with the division.  This creates an obligation for applicants and 
issuers to provide the division with current address information.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Benjamin Johnson by phone at 801-530-6134, by FAX at 801-530-6980, or by 
Internet E-mail at bnjohnson@utah.gov
EFFECTIVE:  07/25/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36543.htm



EDUCATION
ADMINISTRATION
No. 36581 (5-year Review): R277-101. Utah State Board of Education 
Procedures.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule is continued because it provides necessary procedures to be 
followed by the Board in its conduct of the public's business.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
EFFECTIVE:  08/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36581.htm

No. 36582 (5-year Review): R277-103. USOE Government Records and Management 
Act.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule is continued because it provides necessary procedures for 
appropriate access to government records.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
EFFECTIVE:  08/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36582.htm

No. 36583 (5-year Review): R277-110. Legislative Supplemental Salary 
Adjustment.
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 continued because it provides necesssary procedures for 
providing educator salary adjustments consistent with state law.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
EFFECTIVE:  08/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36583.htm

No. 36584 (5-year Review): R277-112. Prohibiting Discrimination in the Public 
Schools.
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 continued because it provides necessary standards prohibiting 
discrimination in the public school system and, specifically, programs under 
the supervision of the Board.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
EFFECTIVE:  08/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36584.htm

No. 36585 (5-year Review): R277-115. Material Developed with State Public 
Education 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 continued because it provides necessary procedures for use of 
material developed with state public education funds.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
EFFECTIVE:  08/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36585.htm

No. 36586 (5-year Review): R277-116. Utah State Board of Education Internal 
Audit Procedure.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule is continued because it provides necessary criteria and procedures 
for internal audits of programs under the direction of the Board.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
EFFECTIVE:  08/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36586.htm

No. 36587 (5-year Review): R277-400. School Emergency Response Plans.
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 continued because it provides necessary procedures for emergency 
preparedness and emergency response plans required of public schools and 
school districts in the event of natural disasters or school violence 
emergencies.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
EFFECTIVE:  08/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36587.htm

No. 36588 (5-year Review): R277-410. Accreditation of Schools.
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 continued because it provides necessary procedures for public 
schools for which accreditation is required and for nonpublic schools which 
request accreditation.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
EFFECTIVE:  08/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36588.htm

No. 36589 (5-year Review): R277-411. Elementary School Accreditation.
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 no longer necessary.  The standards and procedures in this rule 
are incorporated into Rule R277-410.  This rule is continued until it can be 
repealed through the regular rulemaking process.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
EFFECTIVE:  08/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36589.htm

No. 36590 (5-year Review): R277-412. Junior High and Middle School 
Accreditation.
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 no longer necessary.  The standards and procedures in this rule 
are incorporated into Rule R277-410.  This rule is continued until it can be 
repealed through the regular rulemaking process.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet 
E-mail at carol.lear@schools.utah.gov
EFFECTIVE:  08/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36590.htm



ENVIRONMENTAL QUALITY
WATER QUALITY
No. 36544 (5-year Review): R317-6. Ground Water Quality Protection.
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 
Ground Water Protection Program.  It provides ground water quality standards, 
defines ground water classes and protection levels, sets minimum requirements 
for ground water discharge permits, 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:  07/26/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36544.htm



FINANCIAL INSTITUTIONS
ADMINISTRATION
No. 36527 (5-year Review): R331-5. Rule Governing Sale of Securities by 
Persons Issuing Securities, Who Are Under the Jurisdiction of the Department 
of Financial Institutions.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The rule is necessary because it covers registration with the department, 
offering circular requirements, securities sale report, limitations on resale 
of "restricted securities", remuneration paid for solicitation or for sales, 
manipulative and deceptive devices, waivers, and penalties for violation.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  07/20/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36527.htm

No. 36532 (5-year Review): R331-7. Rule Governing Leasing Transactions by 
Depository Institutions Subject to the Jurisdiction of the Department of 
Financial Institutions.
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 clearly defines acceptable leases and leasing transactions, residual 
dependence restrictions, salvage powers, sales-type capital lease 
restrictions, sale-leaseback restrictions, leveraged lease restrictions, and 
account requirements and should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  07/20/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36532.htm

No. 36528 (5-year Review): R331-9. Rule Prescribing Rules of Procedure for 
Hearings Before the Commissioner of Financial Institutions of the State of 
Utah.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Section 7-1-301 affords the commissioner the functions, powers, duties, and 
responsibilities with respect to institutions, persons, or businesses subject 
to the jurisdiction of the department.  The rule lists the types of hearings 
the commissioner may call in connection with any matter pending before the 
department and how those hearings should commence.  It also covers 
confidential proceedings, pleadings, discovery, and subpoenas, and should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  07/20/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36528.htm

No. 36529 (5-year Review): R331-10. Schedule for Retention or Destruction of 
Records of Financial Institutions Under the Jurisdiction of the Department of 
Financial Institutions.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  No 
other state rule establishes the schedule of retention and destruction of 
records for financial institutions under the department's jurisdiction so it 
should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  07/20/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36529.htm

No. 36530 (5-year Review): R331-12. Guidelines Governing the Purchase and 
Sale of Loans and Participations in Loans by all State Chartered Financial 
Institutions.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  No 
other state rule establishes the guidelines for the purchase and sale of 
loans and participations in loans by state-chartered financial institutions 
so it should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  07/20/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36530.htm

No. 36531 (5-year Review): R331-14. Rule Governing Parties Who Engage in the 
Business of Issuing and Selling Money Orders, Traveler's Checks, and Other 
Instruments for the Purpose of Effecting Third-Party Payments.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  No 
other state rule establishes the authority to engage in the selling of money 
orders, traveler's checks, and other instruments in the state of Utah so it 
should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  07/20/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36531.htm

No. 36533 (5-year Review): R331-22. Rule Governing Reimbursement of Costs of 
Financial Institutions for Production of Records.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  No 
other rule establishes cost-reimbursement guidelines for financial 
institutions that provide information to requesting agencies.  Section 7-1-
1004 requires the Commissioner to have a rule establishing the cost-
reimbursement guidelines.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  07/20/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36533.htm



HEALTH
HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 36559 (5-year Review): R414-60B. Preferred Drug List.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule is necessary because it implements the composition and membership 
requirements of the P&T Committee to provide medically necessary and cost 
effective services for Medicaid recipients.  This rule should also be 
continued because it spells out the functions of committee members to carry 
out their responsibilities for the Medicaid drug program.  The Department 
response to the written comments it received is as follows:  1) the 
Department will seek additional guidance from the Legislature concerning 
psychotropic and anti-psychotic drugs before they come before the P&T 
Committee for consideration; and the burden of the requirement to document 
medical necessity is on the prescribing physician; 2) the Department does not 
expect the pharmacy to verify the physician's documentation.  Enforcement of 
this provision will likely be undertaken by audits of prescribers who appear 
to have a pattern of excessively overriding the prescription drug list; the 
intent of Subsections R414-60B-4(1) and R414-60B-5(2) and (6) is clear; 3) 
the Department will consider adding directive language in the future and the 
rule should not be delayed to add this clarification; 4) conflict of interest 
provisions are intended to prevent persons from sitting on the committee who, 
by being a member of the committee, gain opportunity to influence the outcome 
of a decision by which they, their fellow associates, or their employers may 
personally profit.  It is not intended to prohibit "intellectual bias" such 
as may occur by seating on the committee, either from within the Division or 
from within a specialty, a subject matter expert having no income interest in 
the outcome of the decision;. 5) the rule requires that the committee elect a 
chairperson.  It neither requires nor prohibits the election of a vice-
chairperson.  The committee will likely elect a vice-chair as the need 
becomes apparent.  The rule does not need to require a vice-chair.  The rule 
dictates the makeup of the committee;. 6) if the pediatrician member resigns, 
only a pediatrician can possibly be appointed; 7) the simple majority 
decision is a fact on all committees whose members are selected on the basis 
of the interests they represent.  The Department will study the suggestion 
that at least five members of the committee agree to a proposed action before 
making a decision.  The committee is an advisory body; 8) the chairman 
organizes the committee and conducts the meetings utilizing the help of the 
committee manager.  A vice chair will likely be elected by the committee; 9) 
the intent of the rule is to include the Utah Open and Public Meetings Act as 
well as other laws that apply, whether federal or state.  It does not remove 
any requirement to comply with the Utah Open and Public Meetings Act.  The 
Department and the committee have taken great efforts to inform all 
interested parties well in advance of the meetings.  The committee had 
published a schedule detailing when it expects to deal with each class of 
drugs.  This schedule is sufficient to allow interested parties to 
effectively participate in the process; 10) the committee will likely select 
a vice-chairperson to sit in the stead of the chair when the chair is absent 
instead of a committee manager; 11) the instances when any public body may go 
into executive session are established in the Utah Open and Public Meetings 
Act, which will be followed by the committee; 12) the Department does not 
view Subsection R414-60B-6(8)(a) through(d)  as redundant.  It is a statement 
of the activities that the Department has directed the committee may 
undertake in providing advice to the Department; 13) the comment on the 
"substantially equal" standard confuses the federal FDA New Drug Application 
(NDA) standard for approving generic drugs with the standard established in 
this rule.  The standard established in this rule is not the federal NDA 
standard.  The 80 to 120% NDA standard applies to drug content for a specific 
generic drug.  This rule looks to clinical and therapeutic considerations 
among a class of drugs, not drug content for a specific generic drug; 14) it 
is correct that if all drugs in a class were substantially the same in cost 
and clinical and therapeutic consideration, they would all be equally 
available on the preferred drug list or would simply not be restricted; 15) 
Subsection R414-60B-7(3) guides the committee on how to select among drugs 
within a class where the clinic and therapeutic considerations are not equal 
such that medical necessity may justify a more costly drug.  Eliminating this 
subsection would deprive patients from receiving medically necessary drugs 
because they are more expensive; and 16) before requiring a patient to change 
to a preferred drug, the Department uses a grandfathering tool that considers 
both the drug and the disease state as reason dictates.  Additionally, the 
physician has the ability to override the preferred drug if there is medical 
necessity.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
EFFECTIVE:  07/30/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36559.htm



PARDONS (BOARD OF)
ADMINISTRATION
No. 36549 (5-year Review): R671-403. Restitution.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The Board must have a rule in place which outlines our procedures with regard 
to restitution in order to ensure that victims can have justice and so that 
offenders are given due process.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet 
E-mail at jagreen@utah.gov
EFFECTIVE:  07/27/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36549.htm



TRANSPORTATION
OPERATIONS, MAINTENANCE
No. 36609 (5-year Review): R918-3. Snow Removal.
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 delineates on which state roads, and under what circumstances, snow 
removal services will be provided.  It defines which state route segments 
will be closed during the winter, and defines conditions under which state 
roads leading to for-profit winter recreation areas may receive snow removal 
service on weekends and holidays.  The rule also outlines the 
responsibilities of private property owners with respect to removing snow 
from their properties where they intersect with state roads.  The rule is 
necessary in order that the public may understand the priorities and 
limitations of UDOT in undertaking its snow removal operations, and 
understand their own responsibilities with respect to snow removal from 
private property.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by 
Internet E-mail at cwnewman@utah.gov
EFFECTIVE:  08/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36609.htm


OPERATIONS, TRAFFIC AND SAFETY
No. 36616 (5-year Review): R920-1. Manual of Uniform Traffic Control Devices.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule should remain in effect so there are uniform standards and 
specifications for traffic control devices as required by Section 41-6a-301 
to regulate, warn, or guide traffic.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by 
Internet E-mail at cwnewman@utah.gov
EFFECTIVE:  08/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36616.htm

No. 36612 (5-year Review): R920-4. Permit Required for Special Road Use or 
Event.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The principle intent of this rule is to ensure public safety is adequately 
maintained in relation to any special events taking place within the state 
controlled right of way.  This rule explicitly prescribes the process the 
state uses to ensure vehicular and pedestrian traffic conflict points are 
minimized.  It also ensures that special events create the least amount of 
disruption to the traveling public while setting forth minimum liability 
protections for all involved parties.  In effect, this rule is designed to 
enable special events through a responsible and controlled permitting 
process.  Therefore, this rule should be continued.  An amendment to this 
rule will be proposed as a result of this review.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by 
Internet E-mail at cwnewman@utah.gov
EFFECTIVE:  08/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36612.htm

No. 36617 (5-year Review): R920-6. Snow Tire and Chain Requirements.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule should continue in effect so the department can adequately meet its 
obligation to safely maintain and control use of state highways by imposing 
travel restrictions including requiring the use of snow tires or chains when 
and where conditions warrant it.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by 
Internet E-mail at cwnewman@utah.gov
EFFECTIVE:  08/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36617.htm

No. 36618 (5-year Review): R920-51. Safety Regulations for Railroads.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule should continue in effect so the department can meets its 
obligation to regulate safety functions of railroads as authorized by Section 
54-4-14 and Section 72-1-201 by incorporating federal standards which 
contribute to public safety.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by 
Internet E-mail at cwnewman@utah.gov
EFFECTIVE:  08/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36618.htm



TREASURER
UNCLAIMED PROPERTY
No. 36504 (5-year Review): R966-1. Requirements for Claims where no Proof of 
Stock Ownership Exists.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule should be continued because it provides notice to the public of 
acceptable forms of proof for claims.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Betsy Ross by phone at 801-538-1355, by FAX at 801-538-1383, or by Internet 
E-mail at betsyross@utah.gov
EFFECTIVE:  07/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36504.htm




5.  NOTICES OF FIVE-YEAR REVIEW EXTENSIONS

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

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

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


TRANSPORTATION
OPERATIONS, TRAFFIC AND SAFETY
No. 36610 (Five-Year Extension): R920-3. Manual of Uniform Traffic Control 
Devices, Part VI.
EXTENSION REASON:  The reason for the extension is to provide time for this 
rule to be repealed.  Rule R920-1 will be amended to incorporate the Utah 
Manual of Uniform Traffic Control Devices which will make this rule 
unnecessary and redundant.  New deadline is 12/08/2012.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by 
Internet E-mail at cwnewman@utah.gov
EFFECTIVE:  08/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36610.htm

No. 36614 (Five-Year Extension): R920-5. Manual and Specifications on School 
Crossing Zones.  Supplemental to Part VII of the Manual on Uniform Traffic 
Control Devices.
EXTENSION REASON:  The reason for the extension is to allow time for this 
rule to be repealed.  Rule R920-1 will be amended to incorporate the Utah 
Manual of Uniform Traffic Control Devices which includes specifications for 
school crossing zones and will make this rule unnecessary and redundant.  New 
deadline is 12/08/2012.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by 
Internet E-mail at cwnewman@utah.gov
EFFECTIVE:  08/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120815/36614.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. 36249  (REP): R58-10.  Meat and Poultry Inspection
Published:  06/15/2012
Effective:  07/26/2012

No. 36248  (REP): R58-16.  Swine Garbage Feeding
Published:  06/15/2012
Effective:  07/26/2012



ALCOHOLIC BEVERAGE CONTROL
ADMINISTRATION
No. 36271  (AMD): R81-1-3.  General Policies
Published:  06/15/2012
Effective:  07/31/2012

No. 35942  (AMD): R81-3-11.  Application
Published:  04/01/2012
Effective:  07/17/2012



COMMERCE
OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 36282  (AMD): R156-3a.  Architect Licensing Act Rule
Published:  06/15/2012
Effective:  07/30/2012

No. 36228  (AMD): R156-60d.  Substance Abuse Counselor Act Rule
Published:  06/15/2012
Effective:  07/30/2012



CORRECTIONS
ADMINISTRATION
No. 36292  (NEW): R251-115.  Contract County Jail Programming Payment
Published:  06/15/2012
Effective:  08/01/2012



EDUCATION
ADMINISTRATION
No. 36308  (NEW): R277-617.  Smart School Technology Program
Published:  06/15/2012
Effective:  07/23/2012



ENVIRONMENTAL QUALITY
AIR QUALITY
No. 35865  (R&R): R307-107.  General Requirement:  Unavoidable Breakdown
Published:  03/01/2012
Effective:  07/31/2012

No. 35865  (CPR): R307-107.  General Requirements:  Unavoidable Breakdown
Published:  07/01/2012
Effective:  07/31/2012

No. 35923  (R&R): R307-202.  Emission Standards: General Burning
Published:  04/01/2012
Effective:  07/31/2012

No. 35923  (CPR): R307-202.  Emission Standards:  General Burning
Published:  07/01/2012
Effective:  07/31/2012


ENVIRONMENTAL RESPONSE AND REMEDIATION
No. 36028  (AMD): R311-401-2.  Hazardous Substances Priority List
Published:  05/01/2012
Effective:  07/20/2012



HEALTH
DISEASE CONTROL AND PREVENTION, EPIDEMIOLOGY
No. 36247  (AMD): R386-702.  Communicable Disease Rule
Published:  06/15/2012
Effective:  08/08/2012


FAMILY HEALTH AND PREPAREDNESS, CHILDREN WITH SPECIAL HEALTH CARE NEEDS
No. 36109  (AMD): R398-5.  Birth Defects Reporting
Published:  05/15/2012
Effective:  07/31/2012

No. 36281  (NEW): R398-15.  Autism Treatment Account
Published:  06/15/2012
Effective:  07/31/2012


HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 36186  (AMD): R414-501-2.  Definitions
Published:  06/01/2012
Effective:  07/18/2012

No. 36187  (R&R): R414-503.  Preadmission Screening and Resident Review
Published:  06/01/2012
Effective:  07/18/2012


FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES
No. 36182  (AMD): R426-16.  Emergency Medical Services Ambulance Rates and 
Charges
Published:  06/01/2012
Effective:  07/19/2012



LABOR COMMISSION
OCCUPATIONAL SAFETY AND HEALTH
No. 36306  (AMD): R614-1-4.  Incorporation of Federal Standards
Published:  06/15/2012
Effective:  07/23/2012



NATURAL RESOURCES
PARKS AND RECREATION
No. 36237  (AMD): R651-201-7.  Low Capacity Vessel
Published:  06/15/2012
Effective:  07/23/2012

No. 36242  (AMD): R651-205-2.  Deer Creek Reservoir
Published:  06/15/2012
Effective:  07/23/2012

No. 36234  (AMD): R651-205-15.  Lost Creek Reservoir
Published:  06/15/2012
Effective:  07/23/2012

No. 36238  (AMD): R651-206-1.  Definitions
Published:  06/15/2012
Effective:  07/23/2012

No. 36243  (AMD): R651-206-3.  Utah Captain's/Guides License and Utah Boat 
Crew Permit
Published:  06/15/2012
Effective:  07/23/2012

No. 36239  (AMD): R651-206-4.  Additional PFD Requirements for Vessels 
Carrying Passengers for Hire
Published:  06/15/2012
Effective:  07/23/2012

No. 36241  (AMD): R651-219-3.  Spare Propulsion
Published:  06/15/2012
Effective:  07/23/2012

No. 36240  (AMD): R651-226-2.  Safety Vessels Permitted
Published:  06/15/2012
Effective:  07/23/2012

No. 36235  (AMD): R651-227.  Boating Safety Course Fees
Published:  06/15/2012
Effective:  07/23/2012

No. 36233  (AMD): R651-401-1.  Stickers
Published:  06/15/2012
Effective:  07/23/2012

No. 36232  (AMD): R651-406-1.  Annual Registration Fee
Published:  06/15/2012
Effective:  07/23/2012

No. 36230  (AMD): R651-407-1.  Appointment and Description of Vehicle 
Advisory Council Membership
Published:  06/15/2012
Effective:  07/23/2012

No. 36229  (REP): R651-612.  Firearms, Traps and Other Weapons
Published:  06/15/2012
Effective:  07/23/2012



PUBLIC SAFETY
DRIVER LICENSE
No. 36231  (R&R): R708-21.  Third-Party Testing
Published:  06/15/2012
Effective:  07/23/2012



SCHOOL AND INSTITUTIONAL TRUST LANDS
ADMINISTRATION
No. 36279  (AMD): R850-21-300.  Lease Application Process
Published:  06/15/2012
Effective:  07/23/2012



SCIENCE TECHNOLOGY AND RESEARCH GOVERNING AUTH.
ADMINISTRATION
No. 36156  (NEW): R856-1.  Formation and Funding of Utah Science Technology 
and Research Innovation Teams
Published:  06/01/2012
Effective:  07/31/2012

No. 36155  (NEW): R856-2.  Distribution of Utah Science Technology and 
Research Commercialization Revenues
Published:  06/01/2012
Effective:  07/31/2012



TAX COMMISSION
ADMINISTRATION
No. 36172  (AMD): R861-1A-20.  Time of Appeal Pursuant to Utah Code Ann. 
Sections 59-1-301, 59-1-501, 59-2-1007, 59-7-517, 59-10-532, 59-10-533, 59-
10-535, 59-12-114, 59-13-210, 63G-4-201, 63G-4-401, 68-3-7, and 68-3-8.5
Published:  06/01/2012
Effective:  07/26/2012


AUDITING
No. 36170  (AMD): R865-6F-6.  Application of Corporation Franchise or Income 
Tax Acts to Qualified Corporations and to Nonqualified Foreign Corporations 
Pursuant to Utah Code Ann. Section 59-7-104
Published:  06/01/2012
Effective:  07/26/2012

No. 36173  (AMD): R865-9I-49.  Higher Education Savings Incentive Program 
Administration Pursuant to Utah Code Ann. Sections 53B-8a-112, 59-10-114, and 
59-10-1017
Published:  06/01/2012
Effective:  07/26/2012

No. 36171  (AMD): R865-12L-14.  Local Sales and Use Tax Distributions and 
Redistributions Pursuant to Utah Code Ann. Sections 59-12-210 and 59-12-210.1
Published:  06/01/2012
Effective:  07/26/2012

No. 36175  (AMD): R865-19S-123.  Specie Legal Tender Pursuant to Utah Code 
Ann. Section 59-12-107
Published:  06/01/2012
Effective:  07/26/2012


COLLECTIONS
No. 36168  (AMD): R867-2B-2.  Jeopardy Assessment Pursuant to Utah Code Ann. 
Sections 59-1-701 and 59-1-702
Published:  06/01/2012
Effective:  07/26/2012

No. 36169  (AMD): R867-2B-4.  Uniform Affixing and Displaying of Drug Stamps 
Pursuant to Utah Code Ann. Section 59-19-104
Published:  06/01/2012
Effective:  07/26/2012


PROPERTY TAX
No. 36174  (AMD): R884-24P-66.  County Board of Equalization Procedures and 
Appeals Pursuant to Utah Code Ann. Section 59-2-1004
Published:  06/01/2012
Effective:  07/26/2012



WORKFORCE SERVICES
EMPLOYMENT DEVELOPMENT
No. 36304  (AMD): R986-100-114a.  Determining When a Document is Considered 
Received by the Department
Published:  06/15/2012
Effective:  07/25/2012

No. 36303  (AMD): R986-700-712.  CC for Certain Homeless Families
Published:  06/15/2012
Effective:  07/25/2012

No. 36300  (AMD): R986-900-902.  Options and Waivers
Published:  06/15/2012
Effective:  07/25/2012





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 .


<<end of file>>
