Utah State Digest, Vol. 2012, No. 17 (September 1, 2012)

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

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


For information filed August 2, 2012, 12:00 AM through August 15, 2012, 11:59 
PM


Volume 2012, No. 17
September 1, 2012


Prepared by
Division of Administrative Rules
Department of Administrative Services


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




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

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



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

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




1.  EXECUTIVE DOCUMENTS

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

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

Governor's Executive Order EO/08/2012:  Wildland Fire Management
- Ashlee Buchholz by phone at 801-538-1621, by FAX at 801-538-1528, or by 
Internet E-mail at Abuchholz@utah.gov
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/execdocs/2012/ExecDoc153117.htm

Governor's Proclamation 2012/06/E:  Calling Fifty-Ninth Legislature Into the 
Sixth Extraordinary Session
- Cherilyn Bradford by phone at 801-538-1505, by FAX at 801-538-1528, or by 
Internet E-mail at Cbradford@utah.gov
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/execdocs/2012/ExecDoc153129.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 August 2, 2012, 12:00 a.m., and August 15, 
2012, 11:59 p.m. are summarized in this, the September 1, 2012, issue of the 
Utah State Digest.

The law requires that an agency accept public comment on Proposed Rules 
published in the September 1, 2012, issue of the Utah State Bulletin until at 
least October 1, 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 30, 2012, the 
agency may notify the Division of Administrative Rules that it wants to make 
the Proposed Rule effective.  The agency sets the effective date.  The date 
may be no fewer than seven calendar days after the close of the public 
comment period nor more than 120 days after the publication date in the Utah 
State Bulletin.  Alternatively, the agency may file a Change in Proposed Rule 
in response to comments received.  If the Division of Administrative Rules 
does not receive a Notice of Effective Date or a Change in Proposed Rule, the 
Proposed Rule lapses and the agency must start the process over.

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

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

ADMINISTRATIVE SERVICES
PURCHASING AND GENERAL SERVICES
No. 36657 (New Rule): R33-12. Rules of Procedure for Procurement Policy Board 
and Procurement Appeals Panel.
SUMMARY OF THE RULE OR CHANGE:  This new Rule R33-12 establishes procedures 
for the meetings of the Procurement Policy Board, as well as the procedures 
for an appeal before the Procurement Appeals Panel.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This rule will not affect the state budget because it is 
simply establishing procedures for the meetings of the Procurement Policy 
Board as well as the procedures for appeals before the Procurement Appeals 
Panel.
- LOCAL GOVERNMENTS:  This rule will not affect the budget of local 
governments because it is simply establishing procedures for the meetings of 
the Procurement Policy Board as well as the procedures for appeals before the 
Procurement Appeals Panel.
- SMALL BUSINESSES:  This rule will not affect the budget for small 
businesses, because it is simply establishing procedures for the meetings of 
the Procurement Policy Board as well as the procedures for appeals before the 
Procurement Appeals Panel.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule will not affect the budget of any other persons, other 
than small businesses, businesses, or local government entities, because it 
is simply establishing procedures for the meetings of the Procurement Policy 
Board, as well as the procedures for appeals before the Procurement Appeals 
Panel.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There will be no compliance costs 
associated with this rule filing, because it is simply establishing 
procedures for the Procurement Policy Board meetings, as well as the 
procedures for appeals before the Procurement Appeals Panel.  There are 
security deposit costs that may have to be paid by appellants, but this will 
also help those in private industry that properly won contracts.  This rule 
will not affect the taxpayers budget.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The impact on businesses should be minimal.
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:
- Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by 
Internet E-mail at abachman@utah.gov
- Chiarina Gleed by phone at 801-538-3240, by FAX at 801-538-3313, or by 
Internet E-mail at cgleed@utah.gov
- Paul Mash by phone at 801-538-3138, by FAX at 801-538-3882, or by Internet 
E-mail at pmash@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36657.htm



COMMERCE
OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 36629 (Amendment): R156-1. General Rule of the Division of Occupational 
and Professional Licensing.
SUMMARY OF THE RULE OR CHANGE:  This summary will focus on the substantive 
changes only and will do so in a global fashion rather than subsection by 
subsection, which would be more confusing than helpful in this case.  In 
short, the Division of Occupational and Professional Licensing (DOPL) 
Director or Construction Service Commission remains the presiding officer for 
all disciplinary actions initiated by a notice of agency action against a 
licensee.  Boards remain advisory to the Director for all disciplinary 
actions initiated by a notice of agency action that go to a formal hearing or 
come before a board informally as part of their board agenda.  Disciplinary 
actions by the Construction Service Commission, normally informal, still 
require the concurrence of the Director.  The DOPL Bureau Managers become the 
presiding officer for denial of applications for renewal and denial of 
reinstatement under Subsections 58-1-308(5)(a) and (6)(b), which is a very 
similar role to their existing role as the presiding officer for denial of 
applications for initial licensure.  Boards are advisory to the Bureau 
Managers in their role.  This role was already designated as a role of the 
DOPL Bureau Managers unless the applicant requested a formal hearing, in 
which case it went before the appropriate board as the presiding officer to 
enter findings of fact, conclusions of law, and a recommended order to the 
Director for final action.  The companion filing eliminated formal hearings 
in this arena, and thus this filing designates the Bureau Manager as the 
presiding officer completely for applications for denials of renewal and 
reinstatement of licensure.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The identity of the presiding officer changes will not 
affect the state budget.  However, the Division will incur minimal costs of 
approximately $80 to print and distribute the rule once the proposed 
amendments are made effective.  Any costs incurred will be absorbed in the 
Division's current budget.
- LOCAL GOVERNMENTS:  The identity of the presiding officer changes will not 
affect local government and thus will not result in any cost or savings 
impact upon local governments.
- SMALL BUSINESSES:  The identity of the presiding officer changes will not 
affect small business and thus will not result in any cost or savings impact 
upon small business.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The identity of the presiding officer changes will not affect other 
persons and thus will not result in cost or savings impact upon other 
persons.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The identity of the presiding officer 
changes will not affect other persons and thus will not result in cost or 
savings impact upon other persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No fiscal impact to businesses is anticipated from this rule 
filing which changes the designation of presiding officers based on a 
companion rule filing that changes formal adjudicative proceedings to 
informal ones.
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:
- 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:  10/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36629.htm

No. 36630 (Amendment): R156-46b. Division Utah Administrative Procedures Act 
Rule.
SUMMARY OF THE RULE OR CHANGE:  In Section R156-46b-201, the filing changes 
this section by deleting existing Subsections (1)(a) through (c) thereby 
deleting the classification of denial of application for renewal and 
reinstatement of licensure adjudicative proceedings as formal proceedings, 
and by renumbering accordingly.  Technical amendments are also made to 
Subsections (2)(v) and (vi).  In Section R156-46b-202, the filing changes 
Subsections (1)(c) and (d) by deleting (d) and classifying all denials of 
renewal and reinstatement of licensure adjudicative proceedings as informal 
proceedings, and renumbering accordingly.  This filing also changes existing 
Subsection (2)(b) by deleting it and moving it to  Subsection (1)(s) to 
achieve greater clarity, and by renumbering accordingly.  Finally, this adds 
new Subsections (2)(c) and (2)(d) to reclassify as informal disciplinary 
proceedings first, proceedings initiated by a notice of agency action and 
order to show cause concerning violations of an order governing a license and 
second, disciplinary proceedings initiated by a notice of agency action in 
which the allegations of misconduct are limited to one of more of Subsection 
58-1-501(2)(c) or (d), or Subsections R156-1-501(1) through (5).  Section 
R156-46b-402 is added to provide that a written response in informal 
adjudicative proceedings initiated by a Notice of Agency Action may, as set 
forth in a Notice of Agency Action, be required to be filed within 30 days of 
the mailing date of the Notice of Agency Action or other date specified in 
the Notice of Agency Action.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The proposed changes will bring greater efficiency, 
timeliness, and capacity to DOPL by reclassifying the described formal 
adjudicative proceedings to informal proceedings.  The cost savings of the 
efficiencies cannot be estimated but they will hopefully help address the 
consistent increases in the number of licensees regulated by the Division.
- LOCAL GOVERNMENTS:  The proposed changes do not affect local government and 
thus will not have any cost or savings impact upon local governments.
- SMALL BUSINESSES:  The proposed changes should not affect small business 
except where we license small businesses or when small businesses employ 
individuals licensed by the Division.  To the limited extent to which the 
changes impact small business, they should be cost savings as well as greater 
efficiency and timeliness to most adjudicative proceedings in which small 
business or employees of small business are involved.  However, these cost 
savings cannot be estimated by the Division due to a wide range of 
circumstances.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The proposed changes should better protect public health, safety 
and welfare through the greater efficiency, timeliness and capacity they 
bring to the Division.  This will equate to economic savings to those who 
avoid being negatively impacted by a licensee engaged in unprofessional or 
unlawful conduct who would otherwise remain in practice for a much longer 
period of time during cumbersome formal adjudicative proceedings.  The 
economic impact of these savings cannot be estimated by the Division.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The proposed changes should bring 
cost savings as well are greater efficiency and timeliness to most 
adjudicative proceedings in which licensees or applicants for licensure are 
involved.  The cost savings cannot be estimated by the Division due to a wide 
range of circumstances.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The change in designation of certain matters to informal 
adjudicative proceedings should result in a cost savings to the Division and 
to those licensees affected; it is not expected to increase costs.  
Experience has shown that routine cases are able to be resolved informally.  
No fiscal impact to other businesses is anticipated by this change in 
procedure.
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:
- 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:  10/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36630.htm



EDUCATION
ADMINISTRATION
No. 36658 (Amendment): R277-401. Child Abuse-Neglect Reporting by Education 
Personnel.
SUMMARY OF THE RULE OR CHANGE:  A new definition is added to the rule and 
terminology is changed throughout the rule.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget.  Adding a new definition for clarification purposes and changing 
terminology throughout the rule do not result in a cost or savings.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government.  Adding a new definition for clarification purposes and changing 
terminology throughout the rule 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 local education agencies 
(LEAs) 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.  Adding a new 
definition for clarification purposes and changing terminology throughout the 
rule do not result in a cost or savings.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  Terminology and clarifying language 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 10/01/2012
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:  10/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36658.htm

No. 36659 (Amendment): R277-407-1. Definitions.
SUMMARY OF THE RULE OR CHANGE:  This filing changes a definition.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget.  Changes to this definition in the rule to make the definition 
consistent with the definition in other Board rules do not result in a cost 
or savings.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government.  Changes to this definition in the rule to make the definition 
consistent with the definition in other Board rules 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 to the definition in this rule affect 
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.  Changes to this 
definition in the rule to make the definition consistent with the defintion 
in other Board rules do not result in a cost or savings.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  Changes to this definition in the rule to make the 
definition consistent with the definition in other Board rules 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 10/01/2012
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:  10/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36659.htm

No. 36660 (Amendment): R277-419. Pupil Accounting.
SUMMARY OF THE RULE OR CHANGE:  A new definition is added to the rule and 
language is added in Section R277-419-5 that provides for funding for 
students in CTE membership.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget.  The changes to this rule apply to LEAs claiming student membership 
for funding.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government.  There is no new funding for students enrolled in CTE courses and 
subsequently no costs.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
businesses.  This rule and the amendments apply 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.  Student funding for 
CTE courses applies to LEAs.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  The amendments allow for LEAs to claim students for 
membership for funding purposes.
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 10/01/2012
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:  10/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36660.htm

No. 36661 (Amendment): R277-433. Disposal of Textbooks in the Public Schools.
SUMMARY OF THE RULE OR CHANGE:  Two new definitions are added and terminology 
is changed throughout the rule to make the rule consistent with the new 
definitions.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget.  The new definitions and terminology changes to this rule do not 
result in a cost or savings.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government.  The new definitions and terminology changes to this rule do not 
result in a cost or savings.
- 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 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 new definitions 
and terminology changes to this rule do not result in a cost or savings.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  The new definitions and terminology changes to this rule 
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 10/01/2012
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:  10/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36661.htm

No. 36662 (Amendment): R277-445. Classifying Small Schools as Necessarily 
Existent.
SUMMARY OF THE RULE OR CHANGE:  A definition is revised, an outdated statute 
is removed and a current statute is provided, and changes to Section R277-
445-3 that reflect current standards are provided.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state.  
Specific funding is appropriated and will be disbursed to schools classified 
as necessarily existent small schools.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government.  Specific funding is provided to schools classified as 
necessarily existent small schools.
- 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 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.  Specific funding is 
provided to schools and persons will not be individually affected.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  Funding is provided for schools that are designated as 
necessarily existent small schools.
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 10/01/2012
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:  10/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36662.htm

No. 36663 (Amendment): R277-475. Patriotic, Civic and Character Education.
SUMMARY OF THE RULE OR CHANGE:  In Section R277-475-4, language regarding 
specific instruction in patriotic education is removed and new language 
providing for a model curriculum is inserted.  In Section R277-475-5, 
language is changed providing that students in all public schools, not just 
elementary schools, recite the Pledge and provides language for students to 
opt out of participating.  New sections on parent responsibilities and civic 
engagement are also provided.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget.  Existing Utah State Office of Education staff within existing 
budgets, under the direction of the Utah State Board of Education, will 
provide a model curriculum.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government.  Public secondary school students are now included in the 
requirement to recite the Pledge of Allegience daily.  Secondary schools must 
provide time for that requirement.
- 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 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 time to 
participate in reciting the Pledge of Allegiance is the only way in which 
students and teachers will be affected.  That does not result in a cost or 
savings.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  It is expected that all public school staff and students 
will participate and comply with the requirements of the state law and this 
rule, but there is no direct cost for compliance.
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 10/01/2012
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:  10/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36663.htm

No. 36664 (Amendment): R277-477. Distribution of Funds from the Interest and 
Dividend Account (School LAND Trust Funds) and Administration of the School 
LAND Trust Program.
SUMMARY OF THE RULE OR CHANGE:  Definitions are added, amended and removed; 
additional requirements regarding assurance forms, school community council 
and charter trust land committee forms, and ineligible programs or activities 
are added or revised in Section R277-477-3; and new and amended language 
regarding the governance and administration of the School LAND Trust Program 
is provided for in Section R277-477-4.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget.  Changes to the rule that apply to the state regarding administration 
of the School LAND Trust Program do not require any additional funding or 
expenditures.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government.  Changes to the requirements of specific forms and ineligible 
programs or activities do not result in a cost or savings to public schools.
- 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 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 affect 
public schools.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons resulting from the amendments to this rule.  Although there 
are compliance consequences within this rule, there are no direct 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 10/01/2012
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:  10/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36664.htm

No. 36665 (Amendment): R277-514. Board Procedures:  Sanctions for Educator 
Misconduct.
SUMMARY OF THE RULE OR CHANGE:  Definitions are reordered in alphabetical 
order and clarifying language is provided in Section R277-514-5.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget.  The minor wording changes to this rule do not result in a cost or 
savings.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government.  The minor wording changes to this rule do not result in a cost 
or savings.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
businesses.  This rule and the amendments apply to Utah State Board of 
Education procedures and licensed educators 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.  The minor wording 
changes in this rule do not affect licensed educators.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  The minor wording changes do not involve any compliance 
costs for licensed educators.
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 10/01/2012
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:  10/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36665.htm

No. 36666 (Amendment): R277-703. Centennial Scholarship for Early Graduation.
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.  Adding this new definition and changing terminology throughout the 
rule to make this definition 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.  Adding this new definition and changing terminology throughout 
the rule to make this definition 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 amendments 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.  Adding this new 
definition and changing terminology throughout the rule to make this 
definition 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.  Adding this new definition and changing terminology 
throughout the rule to make this definition consistent with the definition in 
other Board rules does 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 10/01/2012
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:  10/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36666.htm

No. 36667 (Amendment): R277-709. Education Programs Serving Youth in Custody.
SUMMARY OF THE RULE OR CHANGE:  New definitions are provided; new language is 
provided regarding student evaluation, education plans and LEA programs, 
program fiscal and accountability procedures, youth in custody programs and 
students with disabilities and youth in custody program staffing and 
monitoring.  Changes include providing new sections about the Utah State 
Hospital, program curriculum, outcomes and student mastery, and two entities 
added to the Coordinating Council.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget.  Changes to the rule are primarily about procedures and 
accountability.  There are no changes in the amount of funding for youth in 
custody programs.  Changes to the procedures for funding affect one school 
district.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government.  Changes to the rule are primarily about procedures and 
accountability.  There are no changes in the amount of funding for youth in 
custody programs.  Changes to the procedures for funding affect one school 
district.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
businesses.  This rule and the amendments apply to youth in custody programs 
in the public school system 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.  There are changes to 
the manner in which the Utah State Hospital will receive funding for services 
to youth in custody students, but the amount of funding is not changed by the 
amendments to this rule.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  Changes to the rule are procedural and no compliance costs 
are affected.
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 10/01/2012
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:  10/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36667.htm

No. 36668 (Amendment): R277-713. Concurrent Enrollment of High School 
Students in College Courses.
SUMMARY OF THE RULE OR CHANGE:  A new new definition is added to Section 
R277-713-1; new language about technology-intensive concurrent enrollment 
courses is added to Section R277-713-4; new language about program delivery 
is added to Section R277-713-5; and new language about student tuition, fees 
and credit for concurrent enrollment programs is added to Section R277-713-6.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Higher education institutions may generate more revenue 
because of the partial tuition charged for each credit hour taken by high 
school students.  An estimated amount is $2,206,800.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government.  Any additional costs or savings will be to higher education 
institutions and individual students/parents.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
businesses.  This rule applies to public and higher education and does not 
affect businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: High school students that want to receive credit from higher 
education institutions for concurrent  enrollment courses may be required to 
pay partial tuition of up to $30 per credit hour. Currently students enrolled 
in concurrent enrollment receive credit from institutions of higher education 
without paying tuition.  Costs to students overall may be as much as 
$2,206,800.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There may be compliance costs for 
students participating in the concurrent enrollment program.  Students may be 
charged partial tuition consistent with state law if they choose to take 
certain concurrent enrollment courses.  Costs to students overall may be as 
much as $2,206,800.
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 10/01/2012
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:  10/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36668.htm

No. 36669 (Amendment): R277-726. Statewide Public Education Online Program.
SUMMARY OF THE RULE OR CHANGE:  The amendments provide changes to course 
registration and related procedures, changes in payments for online courses 
to facilitate enrollment and withdrawal and changes to allow students to take 
one online course without dropping a course.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Local education agencies (LEAs) implemented and will 
implement the online program, including changes in 2012, without a state 
appropriation.
- LOCAL GOVERNMENTS:  Initially, there will be costs to LEAs as they 
implement this program, even with graduated course costs.  If the program 
grows to the point that there are enough students in specific courses in 
specific schools to cut teachers in brick and mortar programs, there may be 
savings to LEAs.  These costs (current) or savings (future) are speculative.
- SMALL BUSINESSES:  There may be increased revenue to small businesses that 
offer online courses in the Statewide Online Education Program.  These costs 
are speculative.
- 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.  The amendments 
to the rule do not affect individuals.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons.  Changes to the rule do not provide compliance language.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  I have reviewed this rule and agree that costs and savings are 
speculative and that businesses may be positively affected.
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:
- 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:  10/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36669.htm



ENVIRONMENTAL QUALITY
AIR QUALITY
No. 36624 (Amendment): R307-101. General Requirements.
SUMMARY OF THE RULE OR CHANGE:  S.B. 21 (2012) gave authority to the Director 
of the Division of Air Quality to make many regulatory decisions that had 
previously been made either by the Air Quality Board or by the Executive 
Secretary for the Air Quality Board.  This rule change implements these 
statutory changes by replacing occurrences of both "executive secretary" and 
"board" with "director."  Definitions are added for "director" and 
"division."  The definition for "executive secretary" is removed.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings to the state 
budget as this amendment only changes who has authority to make regulatory 
decisions.
- LOCAL GOVERNMENTS:  There are no anticipated costs or savings as this 
amendment only changes who has authority to make regulatory decisions.
- SMALL BUSINESSES:  There are no anticipated costs or savings as this 
amendment only changes who has authority to make regulatory decisions.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no anticipated costs or savings as this amendment only 
changes who has authority to make regulatory decisions.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons as this amendment only changes who has authority to make 
regulatory decisions.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no anticipated fiscal impact on businesses as this 
amendment only changes who has authority to make regulatory decisions.
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/2012/20120901/36624.htm

No. 36625 (Amendment): R307-102. General Requirements:  Broadly Applicable 
Requirements.
SUMMARY OF THE RULE OR CHANGE:  S.B. 21 (2012) gave authority to the Director 
of the Division of Air Quality to make many regulatory decisions that had 
previously been made either by the Air Quality Board or by the Executive 
Secretary for the Air Quality Board.  This rule change implements these 
statutory changes by replacing occurrences of both "executive secretary" and 
"board" with "director."
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings to the state 
budget as this amendment only changes who has authority to make regulatory 
decisions.
- LOCAL GOVERNMENTS:  There are no anticipated costs or savings as this 
amendment only changes who has authority to make regulatory decisions.
- SMALL BUSINESSES:  There are no anticipated costs or savings as this 
amendment only changes who has authority to make regulatory decisions.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no anticipated costs or savings as this amendment only 
changes who has authority to make regulatory decisions.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons as this amendment only changes who has authority to make 
regulatory decisions.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no anticipated fiscal impact on businesses as this 
amendment only changes who has authority to make regulatory decisions.
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/2012/20120901/36625.htm

No. 36626 (Amendment): R307-123. General Requirements:  Clean Fuels and 
Vehicle Technology Grant and Loan Program.
SUMMARY OF THE RULE OR CHANGE:  S.B. 21 (2012) gave authority to the Director 
of the Division of Air Quality to make many regulatory decisions that had 
previously been made either by the Air Quality Board or by the Executive 
Secretary for the Air Quality Board.  This rule change implements these 
statutory changes by replacing occurrences of both "executive secretary" and 
"board" with "director."
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings as this 
amendment only changes who has authority to make regulatory decisions.
- LOCAL GOVERNMENTS:  There are no anticipated costs or savings as this 
amendment only changes who has authority to make regulatory decisions.
- SMALL BUSINESSES:  There are no anticipated costs or savings as this 
amendment only changes who has authority to make regulatory decisions.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no anticipated costs or savings as this amendment only 
changes who has authority to make regulatory decisions.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons as this amendment only changes who has authority to make 
regulatory decisions.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no anticipated fiscal impact on businesses as this 
amendment only changes who has authority to make regulatory decisions.
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/2012/20120901/36626.htm

No. 36627 (Amendment): R307-135. Enforcement Response Policy for Asbestos 
Hazard Emergency Response Act.
SUMMARY OF THE RULE OR CHANGE:  S.B. 21 (2012) gave authority to the Director 
of the Division of Air Quality to make many regulatory decisions that had 
previously been made either by the Air Quality Board or by the Executive 
Secretary for the Air Quality Board.  This rule change implements these 
statutory changes by replacing occurrences of both "executive secretary" and 
"board" with "director."
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings as this 
amendment only changes who has authority to make regulatory decisions.
- LOCAL GOVERNMENTS:  There are no anticipated costs or savings as this 
amendment only changes who has authority to make regulatory decisions.
- SMALL BUSINESSES:  There are no anticipated costs or savings as this 
amendment only changes who has authority to make regulatory decisions.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no anticipated costs or savings as this amendment only 
changes who has authority to make regulatory decisions.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons as this amendment only changes who has authority to make 
regulatory decisions.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no anticipated fiscal impact on businesses as this 
amendment only changes who has authority to make regulatory decisions.
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/2012/20120901/36627.htm

No. 36628 (Amendment): R307-307. Davis, Salt Lake, and Utah Counties:  Road 
Salting and Sanding.
SUMMARY OF THE RULE OR CHANGE:  S.B. 21 (2012) gave authority to the Director 
of the Division of Air Quality to make many regulatory decisions that had 
previously been made either by the Air Quality Board or by the Executive 
Secretary for the Air Quality Board.  This rule change implements these 
statutory changes by replacing occurrences of both "executive secretary" and 
"board" with "director."
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings as this 
amendment only changes who has authority to make regulatory decisions.
- LOCAL GOVERNMENTS:  There are no anticipated costs or savings as this 
amendment only changes who has authority to make regulatory decisions.
- SMALL BUSINESSES:  There are no anticipated costs or savings as this 
amendment only changes who has authority to make regulatory decisions.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no anticipated costs or savings as this amendment only 
changes who has authority to make regulatory decisions.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons as this amendment only changes who has authority to make 
regulatory decisions.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no anticipated fiscal impact on businesses as this 
amendment only changes who has authority to make regulatory decisions.
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/2012/20120901/36628.htm



GOVERNOR
ECONOMIC DEVELOPMENT, CONSUMER HEALTH SERVICES
No. 36634 (New Rule): R358-1. Electronic Standards for Transmitting 
Information through the Health Insurance Exchange.
SUMMARY OF THE RULE OR CHANGE:  The rule outlines technology standards and 
requirements for the Health Insurance Exchange and its partners.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This rule adds no costs nor saves money for the state.  
It establishes technology standards that prospective partners of the Health 
Insurance Exchange must meet.  Prospective partners will disclose their 
technology in any request for proposal (RFP) that might be issued, and the 
Exchange itself will verify whether they meet the requirements.
- LOCAL GOVERNMENTS:  The Health Insurance Exchange is a state entity that 
does no direct or indirect business with local government.  Therefore, no 
costs or savings will arise with the enactment of this rule.
- SMALL BUSINESSES:  The Health Insurance Exchange uses industry-standard 
technology and security requirements.  Any business that is qualified to 
contract with the Exchange will use the same or better standards and 
requirements.  Therefore, it will not cost them anything to conduct business 
with the Exchange.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The rule exists solely to set an electronic standard for Health 
Insurance Exchange partners to use when transmitting health information 
between their systems and the Exchange.  Persons who are not partners of the 
Health Insurance Exchange will not be affected by the rule and will not 
experience costs or savings.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Costs should not be incurred on the 
Health Insurance Exchange's behalf for any persons.  In some cases, 
prospective contractors or partners may, at their discretion, upgrade their 
technology and security standards to meet Exchange requirements.  However, 
these upgrades will benefit their business generally and without specific 
reference to Exchange operations.  Any upgrades they deem necessary will 
increase their overall competitiveness in the market as a whole and will be a 
benefit to their operations generally.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  It is my opinion that filing this rule will have no fiscal 
impact on Utah's businesses.  The rule requires adherence to industry 
standard technologies and practices, a requirement that the Health Insurance 
Exchange's partners already meet.  No persons covered by the rule must bear 
new costs, nor will they see new savings.
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:
- Patty Conner by phone at 801-538-8715, or by Internet E-mail at 
pconner@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36634.htm



INSURANCE
ADMINISTRATION
No. 36633 (Amendment): R590-133. Variable Contracts.
SUMMARY OF THE RULE OR CHANGE:  Changes being made to the rule include 
elimination of the term "consultant," and elimination of the "Enforcement 
Date" section since there will be no delay in the enforcement of the changes 
once they become effective.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The changes to this rule will have no fiscal impact on 
the department or the state budget or their workload.  No additional filings 
or regulatory action will be required.  The changes simply eliminate from the 
rule a term that does not apply to the sale of variable contracts.
- LOCAL GOVERNMENTS:  This rule will have no fiscal impact on local 
governments since it deals solely with the relationship between the 
department and its licensees.
- SMALL BUSINESSES:  The changes to this rule will have no fiscal impact on 
licensees or other related businesses since it is merely taking out a word 
that does not relate to the sale of variable contracts.  The rule deals with 
the sale of variable contracts, not to consultations related to them.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The changes to this rule will have no fiscal impact on licensees or 
other related businesses since it is merely taking out a word that does not 
relate to the sale of variable contracts.  The rule deals with the sale of 
variable contracts, not to consultations related to them.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The changes to this rule will have no 
fiscal impact on licensees or other related businesses since it is merely 
taking out a word that does not relate to the sale of variable contracts.  
The rule deals with the sale of variable contracts, not to consultations 
related to them.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule will have no fiscal impact on businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2012
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:  10/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36633.htm

No. 36635 (Amendment): R590-167. Individual, Small Employer, and Group Health 
Benefit Plan Rule.
SUMMARY OF THE RULE OR CHANGE:  The changes being submitted:  1) require 
insurers to submit their rate method changes separate from their rate manual 
updates which is a rating method change; 2) update the reference to 
"Subsection 31A-30-106.1(9)"  to "(13)" as a result of H.B. 2003; 3) add an 
allowance for gender rating in Medicare coordination, and wellness programs 
as a result of legislative changes in H.B. 2003 and H.B. 144; 4) revise age 
band ratio for 5:1 to reference Subsection 31A-30-1063.1(8) as a result of 
H.B. 2003; 5) limit health trend increases in a rate manual filing to a 
maximum period of 12 months; 6) require insurers to submit additional 
documentation when submitting a rate manual filing including a list of 
affiliated insurers, class of business definition with approval dates and 
filing number and additional information required for a effective rate review 
as required by the federal government; 7) add a requirement that specific 
items included in a rate manual filing are considered a public record; and 8) 
eliminate the Enforcement Date section since no waiting period will be 
required before the changes to this rule will be enforced.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  It should be noted that there are 40 insurers that sell 
health benefit plans in Utah.  Additional filing fees could result for 
insurers as a result of the changes in this rule.  However, all of them will 
go to SERFF, a national organization that handles insurance rate filings.  
All filings are electronic and designated employees in the department will 
review the additional filings once they are filtered through SERFF.  The 
additional work load will not require additional help or employees.
- LOCAL GOVERNMENTS:  This will not affect local governments since it deals 
solely with the relationship between the department and its licensees.
- SMALL BUSINESSES:  This rule only impacts insurance companies.  It will 
have no impact, fiscal or otherwise on small employers.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Forty insurers sell health benefit plans in Utah.  They are the 
ones this rule is focused on.  Insurers who previously filed their rating 
method changes and rate manual updates as one filing will now be required to 
file them separately, which will cost them an additional $15.  Also, health 
benefit plan insurers will be required to file their Limited Trend Increases 
for a maximum period of 12 months for a maximum fee of $15, depending on 
their filing volume.  Insurers who filed them for a longer period of time, 
say 5 years for $15 will be required to file at least annually for $15 each 
year.  These filings are done electronically.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Forty insurers sell health benefit 
plans in Utah.  They are the ones this rule is focused on. Insurers who 
previously filed their rating method changes and rate manual updates as one 
filing will now be required to file them separately, which will cost them an 
additional $15.  Also, health benefit plan insurers will be required to file 
their Limited Trend Increases for a maximum period of 12 months for a maximum 
fee of $15, depending on their filing volume.  Insurers who filed them for a 
longer period of time, say 5 years for $15 will be required to file at least 
annually for $15 each year.  These filings are done electronically.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The changes to this rule will have a minimal impact on health 
insurers that sell health benefit plans.
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:
- 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:  10/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36635.htm

No. 36656 (Amendment): R590-220. Submission of Accident and Health Insurance 
Filings.
SUMMARY OF THE RULE OR CHANGE:  Changes to the rule include:  expansion of 
rulemaking authority as a result of H.B. 294 (2012 General Session); removing 
reference to the "basic health care plan" replaced by "term "Utah NetCare 
Plan" by H.B. 128 (2012 General Session); updated the NAIC Uniform Life, 
Accident and Heath, Annuity, and Credit Coding Matrix to reflect the current 
version; provides a process for insurers who want to respond to a Filing 
Rejection; clarifies the intake survey is only required for form and 
form/rate filings, and not required for rate or report filings; expands list 
to reference all current rules applicable to health benefit plans; includes a 
reference for insurers to complete and submit the company rate information on 
the Rate/Rule schedule; corrects code cites due to H.B. 294 (2012 General 
Session); updates the correct division names at the department; and corrects 
reference for offering long-term care riders are sold with whole life 
(insurers do not offer long-term care riders with term-life).
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The changes to this rule will not change the costs or 
savings to the state or department budget.  In some instances not as many 
forms will be required for a company rate or form filing but this will not 
bring in additional fees but in those situations it will have a minor 
reduction in forms to be reviewed by staff.
- LOCAL GOVERNMENTS:  This rule will have no fiscal impact on local 
governments since it deals solely with the relationship between the 
department and its licensees.
- SMALL BUSINESSES:  This rule affects deals with filings made between 
accident and health insurance companies and the department, all of which are 
large employers.  The rule has no effect on small employers.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: None of the changes to this rule will have a fiscal impact on 
accident and health insurers.  Two changes may help an insurer's personnel 
who deal with filings save time.  One is the change that limits the forms 
needed to make a filing and the other is the creation of a process insurers 
can use to respond when one of their filings has been rejected.  Filings are 
made electronically so there are no paper, storage, or mailing costs incurred 
during this process.  The other changes to this rule update or correct such 
things as a coding matrix, list of rules associated with company filings, 
code citations, the department's name and division names, a change to the 
basic health care plan name.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  None of the changes to this rule will 
have a fiscal impact on accident and health insurers.  Two changes may help 
an insurer's personnel who deal with filings save time.  One is the change 
that limits the forms needed to make a filing and the other is the creation 
of a process insurers can use to respond when one of their filings has been 
rejected.  Filing are made electronically so there are no paper, storage, or 
mailing costs incurred during this process.  The other changes to this rule 
update or correct such things as a coding matrix, list of rules associated 
with company filings, code citations, the department's name and division 
names, a change to the basic health care plan name.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The changes to this rule will essentially have no fiscal impact 
on businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/01/2012
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:  10/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36656.htm



PUBLIC SAFETY
FIRE MARSHAL
No. 36631 (Amendment): R710-6. Liquified Petroleum Gas Rules.
SUMMARY OF THE RULE OR CHANGE:  Summary of the proposed rule amendments is as 
follows:  1) in Subsection R710-6-1(1.3), the board proposes to update NFPA 
Standard 1192; Standard on Recreational Vehicles from the 2008 edition to the 
2011 edition; 2) in Subsection R710-6-2(2.16), the board proposes to add the 
definition of "Transferred by the final consumer"; and 3) in Subsection R710-
6-3(3.2), the board proposes to change all references from "public liability 
insurance" to "general liability insurance".
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The only anticipated aggregate cost to the state budget 
would be to purchase the newly updated 2011 edition of the NFPA 1192 standard 
at a cost of $36 each.  The aggregate cost to the state budget would be 
approximately $216 for six copies as reference material for staff and the 
public.
- LOCAL GOVERNMENTS:  There is no aggregate cost or savings to local 
government because these proposed amendments do not affect the functions of 
local government in any way.
- SMALL BUSINESSES:  The aggregate anticipated cost to small businesses would 
be the purchase of the 2011 edition of the NFPA 1192 Standard at $36 each.  
Purchase of the NFPA 1192 Standard is not required, but businesses may wish 
to purchase the most recent standard for their reference.  It is impossible 
to state an accurate aggregate cost for the purchasing the new NFPA standard 
because of the unknown number of companies that would buy the standard and 
the unknown number of copies for the individuals within those companies.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The aggregate anticipated cost to other persons would be the 
purchase of the 2011 edition of the NFPA 1192 Standard at $36 each.  Purchase 
of the NFPA 1192 Standard is not required, but businesses may wish to 
purchase the most recent standard for their reference.  It is impossible to 
state an accurate aggregate cost for the purchasing the new NFPA standard 
because of the unknown number of other persons who may purchase the standard.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no compliance cost 
associated with these rule changes.  However, affected persons may wish to 
purchase a copy of NFPA 1192: Standard of Recreational Vehicles, 2011 Edition 
for $36 per copy.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The only anticipated fiscal impact to businesses would be to 
purchase the updated, incorporated reference for $36 per copy.  Purchase is 
not required, but businesses may wish to purchase the most recent NFPA 1192 
Standard.
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:
- Coy Porter by phone at 801-284-6358, by FAX at 801-284-6351, or by Internet 
E-mail at coyporter@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36631.htm



TRANSPORTATION
PRECONSTRUCTION
No. 36653 (Amendment): R930-6. Manual of Accommodation of Utility Facilities 
and the Control and Protection of State Highway Rights-of-Way.
SUMMARY OF THE RULE OR CHANGE:  This amendment excludes those portions of the 
Manual of Accommodation of Utility Facilities and the Control and Protection 
of State Highway Rights-of-Way that relate to utility accommodation and 
reimbursement because those items will be addressed in the new Rule R930-7.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs or savings to the state 
budget because this amendment only excludes portions of the incorporated 
manual dealing with utility accommodation, which will be addressed in the new 
Rule R930-7.
- LOCAL GOVERNMENTS:  There are no anticipated costs or savings to local 
government because this amendment only excludes portions of the incorporated 
manual dealing with utility accommodation, which will be addressed in the new 
Rule R930-7.
- SMALL BUSINESSES:  There are no anticipated costs or savings to small 
businesses because this amendment only excludes portions of the incorporated 
manual dealing with utility accommodation, which will be addressed in the new 
Rule R930-7.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no anticipated costs or savings to persons other then 
small businesses, businesses, or local government because this amendment only 
excludes portions of the incorporated manual dealing with utility 
accommodation, which will be addressed in the new Rule R930-7.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no anticipated compliance 
costs for affected persons because this amendment only excludes portions of 
the incorporated manual dealing with utility accommodation, which will be 
addressed in the new Rule R930-7.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There are no anticipated fiscal impacts on businesses because 
this amendment only excludes portions of the incorporated manual dealing with 
utility accommodation, which will be addressed in the new Rule R930-7.
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:
- 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:  10/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36653.htm

No. 36654 (New Rule): R930-7. Utility Accommodation.
SUMMARY OF THE RULE OR CHANGE:  This rule is a rewrite of portions of Rule 
R930-6 that relate to utility accommodation and clarifies inconsistencies, 
removes redundancies, consolidates, and better organizes information 
contained in the existing rule.  More clarification is provided on several 
topics including backfill, trenching, and liability requirements.  An option 
is added for encroachment permit applicants to acquire a single statewide 
maintenance bond for multiple permits valid for one year.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Proposed changes are anticipated to be cost neutral to 
the state budget.  To the extent these changes prevent additional discussions 
and miscommunication, there will be schedule and cost savings through 
improved efficiency to the state.
- LOCAL GOVERNMENTS:  To the extent these changes prevent additional 
discussions and miscommunication, there will be schedule and cost savings 
through improved efficiency to local government.
- SMALL BUSINESSES:  To the extent these changes prevent additional 
discussions and miscommunication, there will be schedule and cost savings 
through improved efficiency to small businesses performing utility 
installations in state highway rights of way.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule only applies to small businesses, businesses, or local 
government entities doing utility installations in state highway rights of 
way.  Others are not affected.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  To the extent these changes prevent 
additional discussions and miscommunication, there will be schedule and cost 
savings through improved efficiency to affected persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Proposed changes are intended to eliminate confusion and provide 
more consistency in how utility work is accommodated within state highway 
rights-of-way.  To the extent these changes prevent additional discussions 
and mis-communication, there will be schedule and cost savings through 
improved efficiency to the state, and utility owners and their contractors.
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:
- 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:  10/08/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36654.htm




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

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

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

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


EDUCATION
ADMINISTRATION
No. 36639 (5-year Review): R277-401. Child Abuse-Neglect Reporting by 
Education Personnel.
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 local 
education agencies to develop policies for reporting and participating in 
investigations of suspected child abuse as required by 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:  08/14/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36639.htm

No. 36640 (5-year Review): R277-407. School Fees.
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 and timelines 
for local education agency student fee policies, requiring both notice to 
parents and appropriate waivers.
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:  08/14/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36640.htm

No. 36641 (5-year Review): R277-433. Disposal of Textbooks 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 procedures for school 
district policies 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:  08/14/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36641.htm

No. 36642 (5-year Review): R277-445. Classifying Small Schools as Necessarily 
Existent.
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 for 
classifying small schools as necessarily existent.
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:  08/14/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36642.htm

No. 36643 (5-year Review): R277-502. Educator Licensing and Data Retention.
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 specifies the types of license levels and 
license areas of concentration authorized by the Board and necessary 
procedures for obtaining an educator license.
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:  08/14/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36643.htm

No. 36644 (5-year Review): R277-505. Administrative License Areas of 
Concentration and Programs.
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 requirements and standards and 
procedures for administrative license areas of concentration and for 
district-specific and charter school-specific administrative areas of 
concentration.
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:  08/14/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36644.htm

No. 36645 (5-year Review): R277-506. School Psychologists, School Social 
Workers, and School Counselors Licenses and Programs.
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 for obtaining 
educator licenses issued by the Board for employment in the public schools as 
school psychologists, school social workers, and school counselors.
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:  08/14/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36645.htm

No. 36646 (5-year Review): R277-514. Board Procedures:  Sanctions for 
Educator Misconduct.
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 a necessary appeals process for 
recommendations and decisions made by the Utah Professional Practices 
Advisory Commission and specifies procedures under which the Board may take 
action against an educator's license for misconduct.
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:  08/14/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36646.htm

No. 36647 (5-year Review): R277-608. Prohibition of Corporal Punishment in 
Utah's 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 direction to local 
education agencies to have policies in place that prohibit corporal 
punishment 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:  08/14/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36647.htm

No. 36648 (5-year Review): R277-703. Centennial Scholarship for Early 
Graduation.
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 and procedures 
for students to participate in the Centennial Scholarship for Early 
Graduation.
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:  08/14/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36648.htm

No. 36649 (5-year Review): R277-713. Concurrent Enrollment of High School 
Students in College Courses.
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 and procedures 
for concurrent enrollment courses in local education agencies and criteria 
for funding appropriate concurrent enrollment expenditures.
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:  08/14/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36649.htm

No. 36650 (5-year Review): R277-720. Child Nutrition Programs.
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 and procedures 
for child nutrition programs administered by 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:  08/14/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36650.htm

No. 36651 (5-year Review): R277-750. Education Programs for Students with 
Disabilities.
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 minimum standards and 
procedures for special education programs.
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:  08/14/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36651.htm

No. 36652 (5-year Review): R277-911. Secondary Career and Technical 
Education.
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 and procedures 
for school districts seeking to qualify for funds administered by the Board 
for CTE programs in the public education system.
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:  08/14/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36652.htm



HEALTH
FAMILY HEALTH AND PREPAREDNESS, CHILD CARE LICENSING
No. 36623 (5-year Review): R430-6. Background Screening.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The continuation of this rule is necessary in order for the Department of 
Health to continue to fulfill its statutory responsibility to regulate child 
care programs in order to protect the health and safety of the children in 
these programs.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Simon Bolivar by phone at 801-584-8223, by FAX at 801-584-8467, or by 
Internet E-mail at sbolivar@utah.gov
EFFECTIVE:  08/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36623.htm

No. 36622 (5-year Review): R430-100. Child Care Centers.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The continuation of this rule is necessary in order for the Department of 
Health to continue to fulfill its statutory responsibility to regulate child 
care programs in order to protect the health and safety of the children in 
these programs.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Simon Bolivar by phone at 801-584-8223, by FAX at 801-584-8467, or by 
Internet E-mail at sbolivar@utah.gov
EFFECTIVE:  08/03/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36622.htm



NATURAL RESOURCES
WILDLIFE RESOURCES
No. 36637 (5-year Review): R657-28. Use of Division Lands.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Continuation of Rule R657-28 is necessary to provide the application 
procedures and administration of rights-of-way, leases, and special use 
permits on division land.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by 
Internet E-mail at stacicoons@utah.gov
EFFECTIVE:  08/13/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36637.htm



SCHOOL AND INSTITUTIONAL TRUST LANDS
ADMINISTRATION
No. 36655 (5-year Review): R850-100. Trust Land Management Planning.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Statute requires that the agency develop rules setting forth planning 
procedures to be undertaken regarding trust lands.  This rule provides the 
necessary planning guidelines to ensure that the agency is in compliance with 
its fiduciary responsibilities and that interested parties are given an 
opportunity to participate in that planning.  Therefore, this rule should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- John Andrews by phone at 801-538-5180, by FAX at 801-538-5118, or by 
Internet E-mail at jandrews@utah.gov
EFFECTIVE:  08/15/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120901/36655.htm




4.  NOTICES OF RULE EFFECTIVE DATES

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

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


ADMINISTRATIVE SERVICES
ADMINISTRATION
No. 36285  (AMD): R13-2-4.  Requests for Access
Published:  06/15/2012
Effective:  08/07/2012


FACILITIES CONSTRUCTION AND MANAGEMENT
No. 36020  (AMD): R23-1-40.  Procurement of Construction
Published:  04/15/2012
Effective:  08/07/2012

No. 36020  (CPR): R23-1-40.  Acceptable Bid Security; Performance and Payment 
Bonds
Published:  07/01/2012
Effective:  08/07/2012



EDUCATION
ADMINISTRATION
No. 36364  (NEW): R277-408.  Grants for Online Testing
Published:  07/01/2012
Effective:  08/08/2012

No. 36366  (AMD): R277-467.  Distribution of Funds Appropriated for Library 
Books and Electronic Resources
Published:  07/01/2012
Effective:  08/08/2012

No. 36367  (AMD): R277-470.  Charter Schools - General Provisions
Published:  07/01/2012
Effective:  08/08/2012

No. 36368  (AMD): R277-482.  Charter School Timelines and Approval Processes
Published:  07/01/2012
Effective:  08/08/2012

No. 36370  (AMD): R277-488.  Critical Languages Program
Published:  07/01/2012
Effective:  08/08/2012

No. 36373  (AMD): R277-489.  Optional Extended Day Kindergarten - 
Responsibilities, Timelines, and Funding
Published:  07/01/2012
Effective:  08/08/2012

No. 36374  (NEW): R277-618.  Educator Peer Assistance and Review Pilot 
Program (PAR Program)
Published:  07/01/2012
Effective:  08/08/2012



HEALTH
HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 36375  (AMD): R414-1.  Utah Medicaid Program
Published:  07/01/2012
Effective:  08/10/2012

No. 36377  (AMD): R414-49.  Dental Services
Published:  07/01/2012
Effective:  08/10/2012

No. 36378  (AMD): R414-50.  Dental, Oral and Maxillofacial Surgeons
Published:  07/01/2012
Effective:  08/10/2012



HUMAN SERVICES
ADMINISTRATION
No. 36284  (NEW): R495-884.  Kinship Locate
Published:  06/15/2012
Effective:  08/15/2012



NATURAL RESOURCES
WILDLIFE RESOURCES
No. 36363  (NEW): R657-64.  Predator Control Incentives
Published:  07/01/2012
Effective:  08/07/2012



PUBLIC SAFETY
DRIVER LICENSE
No. 36331  (AMD): R708-10.  Classified License System
Published:  07/01/2012
Effective:  08/09/2012

No. 36332  (NEW): R708-47.  Emergency Contact Database
Published:  07/01/2012
Effective:  08/09/2012


PEACE OFFICER STANDARDS AND TRAINING
No. 36291  (R&R): R728-401.  Requirements for Approval and Certification of 
Peace Officer Basic Training Programs and Applicants
Published:  06/15/2012
Effective:  08/06/2012

No. 36290  (AMD): R728-409.  Suspension or Revocation of Peace Officer 
Certification
Published:  06/15/2012
Effective:  08/06/2012




5.  RULES INDEX

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


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