Utah State Digest, Vol. 2012, No. 18 (September 15, 2012)

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

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


For information filed August 16, 2012, 12:00 AM through August 31, 2012, 
11:59 PM


Volume 2012, No. 18
September 15, 2012


Prepared by
Division of Administrative Rules
Department of Administrative Services


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




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

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



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

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




1.  SPECIAL NOTICES

Notice for October 2012 Medicaid Rate Changes
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/sn153144.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 16, 2012, 12:00 a.m., and August 31, 
2012, 11:59 p.m. are summarized in this, the September 15, 2012, issue of the 
Utah State Digest.

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

From the end of the public comment period through January 13, 2013, 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.


AGRICULTURE AND FOOD
ANIMAL INDUSTRY
No. 36683 (New Rule): R58-3. Brucellosis Vaccination Requirements.
SUMMARY OF THE RULE OR CHANGE:  Brucellosis vaccination requirements for 
cattle and bison were found in Section 4-31-16.5 which was repealed during 
the 2012 General Session.  During the same legislative session, Section 4-31-
109 was enacted that gave the Department of Agriculture and Food the 
authority to create rules governing the control of brucellosis in the State 
of Utah.  In May 2012, an emergency rule was put in place that governed the 
brucellosis vaccination requirements for the State.  This rule is identical 
to the requirements found in the emergency rule.  (DAR NOTE:  A corresponding 
120-day (emergency) rule is under DAR No. 36143 in the June 1, 2012, issue of 
the Bulletin and is effective as of 05/08/2012.)
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This rule is no different than what was found in Section 
4-31-16.5 that was repealed during the 2012 General Session and the emergency 
rule that was put in place on 05/08/2012.  This will not impose any change to 
the current or future budget of the Department of Agriculture and Food.
- LOCAL GOVERNMENTS:  The vaccination of cattle and bison is not covered 
under any local government agency.  Vaccination of cattle and bison for 
brucellosis reduces the possibility of the disease from entering the animal 
population.  Because brucellosis can be transmitted to humans, the 
elimination of brucellosis in Utah has reduced the burden on local health 
departments that no longer have to conduct disease investigations and follow 
ups.
- SMALL BUSINESSES:  Beef cattle producers have been vaccinating their 
replacement heifers for a number of years so this has become a routine herd 
health cost.  The vaccination of replacement heifers has an added value when 
it comes to selling heifers.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The general public enjoys brucellosis free meat and milk because of 
the continued disease free status of Utah beef and dairy cattle which was in 
part a result of a required brucellosis vaccination program.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Beef cattle and bison producers will 
bear the burden of the costs associated with the vaccination of their 
replacement heifers.  The typical cost for brucellosis vaccination would be 
$4 to $5 per heifer.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The Utah Cattlemen Association, as well as individual beef 
producers are requesting that the emergency rule (Rule R58-3, DAR No. 36143) 
be made into final rule.  A brucellosis free beef cattle population in the 
State of Utah is good for the public and the cattle producers.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Bruce King by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet 
E-mail at bking@utah.gov
- Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by 
Internet E-mail at kmathews@utah.gov
- Kyle Stephens by phone at 801-538-7102, by FAX at 801-538-7126, or by 
Internet E-mail at kylestephens@utah.gov
- Wyatt Frampton by phone at 801-538-7165, by FAX at 801-538-7169, or by 
Internet E-mail at wframpton@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36683.htm



COMMERCE
OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 36687 (Amendment): R156-55a. Utah Construction Trades Licensing Act Rule.
SUMMARY OF THE RULE OR CHANGE:  In Section R156-55a-301, updated statutory 
citations in B200 classification.  S211 Boiler Installation Contractor and 
S350 HVAC Contractor - amendments in these two sections clarify that work on 
residential boilers and water heaters is not included in the S211 or S350 
classifications.  The S211 classification was originally established for work 
on commercial boiler systems.  Recent development of residential type boilers 
required clarification that this type of work is not allowed in these 
classification.  Residential boilers and water heaters should be installed by 
a licensed plumbing contractor under the S210 classification.  In Section 
R156-55a-302a, the proposed amendment adds the R200 Factory Built Housing 
contractor classification to the list of classifications requiring a trade 
examination.  When this list of classifications requiring trade examinations 
was first included in the rule on 06/24/2008, the R200 classification was 
included in the proposed list but was inadvertently left off the list that 
was ultimately placed in the rule.  This change corrects that error.  In 
Section R156-55a-302b, the proposed amendments clarify that the experience 
required for the S211 classification shall be installation of commercial type 
boilers.  Proposed amendments also change the experience requirement from two 
years to four years for this classification due to the complicated nature of 
commercial boilers.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Division will incur minimal costs of approximately 
$50 to print and distribute the rule once the proposed amendments are made 
effective.  Any costs incurred will be absorbed in the Division's current 
budget.
- LOCAL GOVERNMENTS:  The proposed amendments only apply to licensed 
contractors in the affected classifications  and applicants for licensure in 
those classifications.  As a result, the proposed amendments do not apply to 
local governments.
- SMALL BUSINESSES:  The proposed amendments only apply to licensed 
contractors in the affected classifications which may qualify as a small 
business and applicants for licensure in those classifications.  The change 
in the experience requirement for the S211classification will require 
contractors who apply for the S211 classification to have four years 
experience rather than two years or alternatively hire a licensed plumber at 
least part time.  The number of contractors affected or the cost to meet this 
requirement is impossible to estimate.  The change to clarify the S211 
classification is for commercial boilers would not result in any significant 
impact from contractors using the S211 classification as originally intended.  
However, if a contractor has been using this classification to perform work 
on residential boilers or water heaters, such a contractor would, after the 
rule change, be required to obtain the S200 classification in order to 
continue to do that type of work.  Obtaining the S200 classification would 
require submitting an application and requires employing a qualified plumber, 
working at least part time.  The application fee to add the classification is 
$200.  In addition, if the qualified plumber had not previously taken the 
Utah Laws and Rules examination, the plumber would need to take and pass that 
examination.  The cost of the examination is $72.  It is impossible to 
estimate how many contractors would be affected by the rule change and the 
total cost that they may incur in addition to the above costs in order to 
obtain the additional classification.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The proposed amendments only apply to licensed contractors in the 
affected classifications  and applicants for licensure in those 
classifications.  The change in the experience requirement for the 
S211classification will require contractors who apply for the S211 
classification to have four years experience rather than two years or 
alternatively hire a licensed plumber at least part time.  The number of 
contractors affected or the cost to meet this requirement is impossible to 
estimate.  The change to clarify the S211 classification is for commercial 
boilers would not result in any significant impact from contractors using the 
S211 classification as originally intended.  However, if a contractor has 
been using this classification to perform work on residential boilers or 
water heaters, such a contractor would after the rule change, be required to 
obtain the S200 classification in order to continue to do that type of work.  
Obtaining the S200 classification would require submitting an application and 
requires employing a qualified plumber, working at least part time.  The 
application fee to add the classification is $200.  In addition, if the 
qualified plumber had not previously taken the Utah Laws and Rules 
examination, the plumber would need to take and pass that examination.  The 
cost of the examination is $72.  It is impossible to estimate how many 
contractors would be affected by the rule change and the total cost that they 
may incur in addition to the above costs in order to obtain the additional 
classification.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The proposed amendments only apply to 
licensed contractors in the affected classifications  and applicants for 
licensure in those classifications.  The change in the experience requirement 
for the S211classification will require contractors who apply for the S211 
classification to have four years experience rather than two years or 
alternatively hire a licensed plumber at least part time.  The number of 
contractors affected or the cost to meet this requirement is impossible to 
estimate.  The change to clarify the S211 classification is for commercial 
boilers would not result in any significant impact from contractors using the 
S211 classification as originally intended.  However, if a contractor has 
been using this classification to perform work on residential boilers or 
water heaters, such a contractor would after the rule change, be required to 
obtain the S200 classification in order to continue to do that type of work.  
Obtaining the S200 classification would require submitting an application and 
requires employing a qualified plumber, working at least part time.  The 
application fee to add the classification is $200.  In addition, if the 
qualified plumber had not previously taken the Utah Laws and Rules 
examination, the plumber would need to take and pass that examination.  The 
cost of the examination is $72.  It is impossible to estimate how many 
contractors would be affected by the rule change and the total cost that they 
may incur in addition to the above costs in order to obtain the additional 
classification.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  As described in the rule summary, there will be a fiscal impact 
to some licensees as a result of this rule filing which requires additional 
experience and examination for certain licensees, as well as the 
clarification that the S211 classification does not include work on 
residential boilers.  The cost to licensees is difficult to estimate as it is 
not clear how many licensees are affected by the rule change.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Dan Jones by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet 
E-mail at dansjones@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 09/26/2012 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, 
Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36687.htm



HEALTH
HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 36710 (Amendment): R414-22. Administrative Sanction Procedures and 
Regulations.
SUMMARY OF THE RULE OR CHANGE:  This amendment grants discretionary authority 
to the Department and to the Provider Sanction Committee to sanction 
providers for current and past misconduct.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no measurable impact to the state budget 
because instances of provider misconduct are rare.  In most cases, other 
providers can fill in for providers who are excluded or terminated from the 
Medicaid program.
- LOCAL GOVERNMENTS:  There is no impact to local governments because they 
neither fund nor provide Medicaid services to Medicaid recipients.
- SMALL BUSINESSES:  There is no measurable impact to small businesses 
because instances of provider misconduct are rare.  In most cases, other 
providers can fill in for providers who are excluded or terminated from the 
Medicaid program.  Providers who are excluded from the Medicaid program will 
see a loss of revenue, but it is impossible to estimate how many recipients 
they may lose and for which services.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no measurable impact to Medicaid providers because 
instances of provider misconduct are rare.  In most cases, other providers 
can fill in for providers who are excluded or terminated from the Medicaid 
program.  Providers who are excluded from the Medicaid program will see a 
loss of revenue, but it is impossible to estimate how many recipients they 
may lose and for which services.  The Department does not anticipate any out-
of-pocket expenses to Medicaid recipients due to a lack of access to 
services.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  A provider who is excluded or 
terminated from the Medicaid program will see a loss of revenue, but it is 
impossible to estimate how many recipients the provider may lose and for 
which services.  The Department does not anticipate any out-of-pocket 
expenses to a single Medicaid recipient due to a lack of access to services.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Encouraging all qualified providers to enroll and participate in 
the Medicaid program does not include allowing sanctioned providers to 
participate when the health and safety of Medicaid recipients might be 
compromised.  This rule supports giving state officials the tools to screen 
out providers with sanctions and any negative impact on such a provider is 
justified.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36710.htm



HUMAN SERVICES
RECOVERY SERVICES
No. 36678 (Amendment): R527-37. Closure Criteria for Support Cases.
SUMMARY OF THE RULE OR CHANGE:  In Section R527-37-2, delete the CFR date 
reference "October 1, 2008" and add "July 2, 2010".
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs to the state budget 
because the change to the rule is only to update the CFR reference.
- LOCAL GOVERNMENTS:  Administrative rules of the Office of Recovery 
Services/Child Support Services (ORS/CSS) do not apply to local government; 
therefore, there are no anticipated costs or savings for any local businesses 
due to this amendment.
- SMALL BUSINESSES:  There are no anticipated costs for small businesses 
because the change to the rule is only to update the CFR reference.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no anticipated costs for persons because the change to 
the rule is only to update the CFR reference.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no costs as the change to 
the rule is only to update the CFR reference.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no fiscal impact to businesses as the change to the 
rule is only to update the CFR reference from "October 1, 2008" to "July 2, 
2010".
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- LeAnn Wilber by phone at 801-536-8950, by FAX at 801-536-8833, or by 
Internet E-mail at lwilber@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36678.htm

No. 36679 (Amendment): R527-253. Collection of Child Support Judgments.
SUMMARY OF THE RULE OR CHANGE:  This change adds the purpose and authority to 
Section R527-253-1 and renumbers the subsequent section.  Also added "62A-11-
107" to the Authorizing, and Implemented or Interpreted Law section at the 
end of the rule.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs to the state budget 
because the change to the rule is only to add a purpose and authority section 
and a legal citation to the Authorizing, and Implemented or Interpreted Law 
section at the end of the rule.
- LOCAL GOVERNMENTS:  Administrative rules of the Office of Recovery 
Services/Child Support Services (ORS/CSS) do not apply to local government; 
therefore, there are no anticipated costs or savings for any local 
governments due to this amendment.
- SMALL BUSINESSES:  There are no anticipated costs for small businesses 
because the change to the rule is only to add a purpose and authority section 
and a legal citation to the Authorizing, and Implemented or Interpreted Law 
section at the end of the rule.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no costs for any individual because the change to the 
rule is only to add a purpose and authority section and a legal citation to 
the Authorizing, and Implemented or Interpreted Law section at the end of the 
rule.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no costs as the change to 
the rule is only to add a purpose and authority section and a legal citation 
to the Authorizing, and Implemented or Interpreted Law section at the end of 
the rule.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no fiscal impact to businesses as the change to the 
rule is only to add a purpose and authority section and a legal citation to 
the Authorizing, and Implemented or Interpreted Law section at the end of the 
rule.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- LeAnn Wilber by phone at 801-536-8950, by FAX at 801-536-8833, or by 
Internet E-mail at lwilber@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2015
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36679.htm

No. 36680 (Amendment): R527-255. Substantial Change in Circumstances.
SUMMARY OF THE RULE OR CHANGE:  In Section R527-255-3, deletes the references 
"78B-12-217 and 78B-12-218" and adds "78B-12-210".  Also deletes the 
references "78B-12-217 and 78B-12-218" and adds "78B-12-210" in the 
Authorizing, and Implement or Interpreted Law.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs to the state budget 
because the change to the rule is only to delete and update some Utah Code 
citations.
- LOCAL GOVERNMENTS:  Administrative rules of the Office of Recovery 
Services/Child Support Services (ORS/CSS) do not apply to local government; 
therefore, there are no anticipated costs or savings for any local 
governments due to this amendment.
- SMALL BUSINESSES:  There are no anticipated costs for small businesses 
because the change to the rule is only to delete and update some Utah Code 
citations.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no anticipated costs for persons because the change to 
the rule is only to delete and update some Utah Code citations.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no costs as the change to 
the rule is only to delete and update some Utah Code citations.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There are no costs as the change to the rule is only to delete 
and update some Utah Code citations.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- LeAnn Wilber by phone at 801-536-8950, by FAX at 801-536-8833, or by 
Internet E-mail at lwilber@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36680.htm

No. 36681 (Amendment): R527-330. Posting Priority of Payments Received.
SUMMARY OF THE RULE OR CHANGE:  This amendment adds the purpose and authority 
in the new Section R527-330-1 and renumbers the subsequent section.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There are no anticipated costs to the state budget 
because the change to the rule is only to add a purpose and authority to the 
rule.
- LOCAL GOVERNMENTS:  Administrative rules of the Office of Recovery 
Services/Child Support Services (ORS/CSS) do not apply to local government; 
therefore, there are no anticipated costs or savings for any local 
governments due to this amendment.
- SMALL BUSINESSES:  There are no anticipated costs for small businesses 
because the change to the rule is only to delete a Utah Code Annotated 
references and add one new state law reference and two federal regulations, 
which support the office enforcing an order with a medical support provision.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no anticipated costs for other persons because the change 
to the rule is only to add a purpose and authority section to the rule.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no costs as the change to 
the rule is only to add a purpose and authority section to the rule.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no fiscal impact to businesses as the change to the 
rule is only to add a purpose and authority section to the rule.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- LeAnn Wilber by phone at 801-536-8950, by FAX at 801-536-8833, or by 
Internet E-mail at lwilber@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36681.htm



INSURANCE
ADMINISTRATION
No. 36711 (Amendment): R590-142. Continuing Education Rule.
SUMMARY OF THE RULE OR CHANGE:  Sections R590-142-1, R590-142-2, and R590-
142-4 are being changed to eliminate the reference to Section 31A-35-401.5 of 
the code requiring bail bond agents to take continuing education to renew 
their license.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The change to this rule will have no effect on the 
department.  The process of teaching and posting of completion notices to a 
student's license is all handled by the CE provider.  The CE provider 
receives payment for the course.  No money goes into the department or 
state's budget.
- LOCAL GOVERNMENTS:  This rule does not impact local governments since it 
deals solely with the relationship between the department and their 
licensees.
- SMALL BUSINESSES:  The elimination of the CE requirement will save 
producers the cost of a CE courses, which could be less than $50 every 2 
years for around 450 licensees.  Sometimes agencies pay this expense for 
their producers.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The elimination of the CE requirement will save producers the cost 
of a CE courses, which could be less than $50 every 2 years for around 450 
licensees.  Sometimes agencies pay this expense for their producers.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The elimination of the CE requirement 
will save producers the cost of a CE courses, which could be less than $50 
every 2 years for around 450 licensees.  Sometimes agencies pay this expense 
for their producers.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The elimination of the CE requirement for bail bond producers 
will eliminate the expense and time to take the course every two years.  The 
expense for such courses is normally less than $50.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2012
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:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36711.htm

No. 36708 (New Rule): R590-266. Utah Essential Health Benefits Package.
SUMMARY OF THE RULE OR CHANGE:  As outlined in Section 31A-30-116, Utah has 
chosen to designate its own essential health benefits rather than accept a 
federal determination. On 08/16/2012, the Chairmen of the Legislature's 
Health System Reform Task Force notified the Insurance Commissioner that the 
Task Force had voted to recommend the Public Employees Health Program's 
(PEHP) Utah Basic Plus Plan as Utah's Essential Health Benefit Package for 
the purposes of the ACA.  (DAR NOTE:  A corresponding 120-day (emergency) 
rule is under DAR No. 36703 in this issue, September 15, 2012, of the 
Bulletin and is effective as of 08/30/2012.)
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The requirements of this rule will increase rate and 
form filings to the department from 65 health insurers offering comprehensive 
health insurance products.  The increase in filings will not increase the 
department or state's revenues, just increase the workload of the department 
and since the department does not have the fiscal appropriation to hire 
anyone for the additional workload it will have to be assimilated among 
current employees.
- LOCAL GOVERNMENTS:  This rule will have no impact on local governments 
since it deals solely with the relationship between the department and their 
licensees.
- SMALL BUSINESSES:  This rule will change the type of health insurance 
products agencies will offer to their clients.  It may affect the cost of the 
health plan chosen by the small employers.  If current plan does not meet the 
minimum requirements the premiums will more than likely increase to account 
for the increase in benefits.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule will impact 65 health insurers that sell insurance in 
Utah.  Health insurers may need to develop new products, train their 
workforce and update their computer program. It may affect the cost of the 
health plan chosen by the large employer.  If their current plan does not 
meet minimum requirements the premium of an approved plan will more than 
likely increase to account for the increase in benefits.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  This rule will impact 65 health 
insurers that sell insurance in Utah.  Health insurers may need to develop 
new products, train their workforce, and update their computer program.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Utah has chosen to designate its own essential heath benefits 
rather than accept the federal determination.  The benefits designated by the 
Health System Reform Task Force and myself were selected in order to maximize 
choice and minimize the premium impact on employers.  Fiscal impacts for 
health insurers may be minimally dependent on their current plan designs.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by 
Internet E-mail at jwhitby@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 09/24/2012 11:00 AM, State Office Bldg (behind the Capitol), 450 N State 
St, Room B110, Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36708.htm



JUDICIAL PERFORMANCE EVALUATION COMMISSION
ADMINISTRATION
No. 36671 (Amendment): R597-3. Judicial Performance Evaluations.
SUMMARY OF THE RULE OR CHANGE:  Sections of the rule that no longer apply are 
deleted.  Two provisions are added, one reserving four months at the 
beginning of the retention cycle when no data is to be collected, and the 
other permitting only the content analysis of the courtroom observation 
reports to be included in the final retention report for each judge.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Because the rule does not create any new programs but 
rather articulates requirements and procedures for existing programs, there 
is no anticipated cost or savings for the state budget.
- LOCAL GOVERNMENTS:  Because the commission has no authority with respect to 
local government, there is no anticipated cost or savings to local 
government.
- SMALL BUSINESSES:  Because the commission has no authority with respect to 
small businesses, there is no anticipated cost or savings to small 
businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Because the commission has no authority with respect to persons 
other than small businesses, businesses, or local government entities, there 
is not anticipated cost or savings to these entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The commission assumes all statutory 
compliance costs.  Affected persons do not assume any compliance costs.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This change has 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 10/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Joanne Slotnik by phone at 801-538-1652, by FAX at 801-538-1024, or by 
Internet E-mail at jslotnik@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36671.htm



LABOR COMMISSION
ANTIDISCRIMINATION AND LABOR, ANTIDISCRIMINATION
No. 36690 (Repeal): R606-3. Nondiscrimination Clause to be used in Contracts 
Entered into by the State of Utah and its Agencies.
SUMMARY OF THE RULE OR CHANGE:  This rule is repealed in its entirety.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The repeal of this rule will not result in any 
additional enforcement costs or savings to the state budget.  With respect to 
compliance costs, repeal of the rule may simplify state contracting 
processes, thereby resulting in some marginal savings in the cost of 
administering that process.
- LOCAL GOVERNMENTS:  Repeal of this rule will not result in any costs to 
local government.  However, repeal of the rule may simplify local government 
contracting processes, thereby resulting in some marginal savings in the cost 
of administering that process.
- SMALL BUSINESSES:  The repeal of this rule will not result in any costs to 
small businesses.  However, repeal of the rule may simplify the process of 
contracting with government entities, thereby resulting in some marginal 
savings to small businesses engaging in that process.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The repeal of this rule will not result in any costs to other 
persons.  However, repeal of the rule may simplify the process of contracting 
with government entities, thereby resulting in some marginal savings to other 
persons engaging in that process.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The repeal of this rule does not 
impose any new or additional compliance costs on any entity.  To the 
contrary, by simplifying the government contracting process, repeal of this 
rule will have some slight tendency to reduce the costs of contracting with 
government entities.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  As part of Governor Herbert's directive that state agencies 
review all administrative rules, the Labor Commission has concluded that this 
rule is not authorized by statute and is not required.  Elimination of the 
rule will eliminate an unnecessary requirement from the government-
contracting process and should reduce the cost of that process for all 
parties.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Alan Hennebold by phone at 801-530-6937, by FAX at 801-530-6390, or by 
Internet E-mail at ahennebold@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36690.htm

No. 36691 (Repeal): R606-4. Advertising.
SUMMARY OF THE RULE OR CHANGE:  This rule is repealed in its entirety.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Since the subject matter of this rule is already 
addressed by statute, repeal of this rule will not result in any additional 
costs or savings to the state budget.
- LOCAL GOVERNMENTS:  Since the subject matter of this rule is already 
addressed by statute, repeal of this rule will not result in any additional 
costs or savings to local governments.
- SMALL BUSINESSES:  Since the subject matter of this rule is already 
addressed by statute, repeal of this rule will not result in any additional 
costs or savings to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Since the subject matter of this rule is already addressed by 
statute, repeal of this rule will not result in any additional costs or 
savings to other persons.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Repeal of this rule does not add or 
eliminate any requirements and will not impose any additional compliance 
costs on any entity.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  As part of Governor Herbert's directive that state agencies 
review all administrative rules, the Labor Commission has concluded that the 
substance of this rule is already addressed by statute.  Consequently, the 
rule is not required.  Elimination of the rule will simplify the Labor 
Commissions administrative rules, but will not have any 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 10/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Kerry Chlarson by phone at 801-530-6921, by FAX at 801-530-7601, or by 
Internet E-mail at kchlarson@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  12/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36691.htm

No. 36692 (Repeal): R606-5. Employment Agencies.
SUMMARY OF THE RULE OR CHANGE:  This rule is repealed in its entirety.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Since the subject matter of this rule is already 
addressed by statute, repeal of this rule will not result in any additional 
costs or savings to the state budget.
- LOCAL GOVERNMENTS:  Since the subject matter of this rule is already 
addressed by statute, repeal of this rule will not result in any additional 
costs or savings to local governments.
- SMALL BUSINESSES:  Since the subject matter of this rule is already 
addressed by statute, repeal of this rule will not result in any additional 
costs or savings to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Since the subject matter of this rule is already addressed by 
statute, repeal of this rule will not result in any additional costs or 
savings to other persons.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Repeal of this rule does not add or 
eliminate any requirements and will not impose any additional compliance 
costs on any entity.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  As part of Governor Herbert's directive that state agencies 
review all administrative rules, the Labor Commission has concluded that the 
substance of this rule is already addressed by statute.  Consequently, the 
rule is not required.  Elimination of the rule will simplify the Labor 
Commissions administrative rules, but will not have any 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 10/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Kerry Chlarson by phone at 801-530-6921, by FAX at 801-530-7601, or by 
Internet E-mail at kchlarson@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36692.htm


INDUSTRIAL ACCIDENTS
No. 36686 (Amendment): R612-1-3. Official Forms.
SUMMARY OF THE RULE OR CHANGE:  The rule change lists the three forms and 
corrects language to reflect the change from use of one general form to three 
more specific forms.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There would neither be a cost nor savings since this 
amendment simply establishes more-specific authorization forms.
- LOCAL GOVERNMENTS:  There would neither be a cost nor savings since this 
amendment simply establishes more-specific authorization forms.
- SMALL BUSINESSES:  There would neither be a cost nor savings since this 
amendment simply establishes more-specific authorization forms.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There would neither be a cost nor savings since this amendment 
simply establishes more-specific authorization forms.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  None--This amendment will replace the 
existing form 122, which has been used for all types of restorative services, 
with three more specialized forms that address specific types of injuries.  
These new forms are available at no cost and will not impose any additional 
reporting requirements or compliance costs on affected persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  By replacing the existing form 122 with more-specialized forms 
that apply to particular injuries, the Commission anticipates that the forms 
will provide better information at the same time they are more user-friendly.  
The Commission does not expect this change to have any 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 10/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ron Dressler by phone at 801-530-6841, by FAX at 801-530-6804, or by 
Internet E-mail at rdressler@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36686.htm

No. 36685 (Amendment): R612-3-4. Qualifying Requirements.
SUMMARY OF THE RULE OR CHANGE:  The amendment deletes references to letters 
of credit as an acceptable method for self-insured employers to guarantee 
their ability to pay workers' compensation benefits to employees who suffer 
work-related injuries.  The amendment has no effect on the other types of 
security currently allowed by the rule.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The proposed amendment will simplify the Industrial 
Accidents Division's administration of the workers' compensation self-
insurance program, but will result in no appreciable costs or savings to that 
program.  Because the State of Utah obtains it workers' compensation coverage 
from an insurance carrier, rather than through self-insurance, the proposed 
amendment will have no effect on the state's workers' compensation insurance 
costs.
- LOCAL GOVERNMENTS:  No self-insured local governments use letters of credit 
to secure payment of their workers' compensation liabilities.  Consequently, 
eliminating letters of credit as one of the permitted forms of security will 
result in no cost or savings to local governments.
- SMALL BUSINESSES:  No small businesses use letters of credit to secure 
payment of their workers' compensation liabilities.  Consequently, 
eliminating letters of credit as one of the permitted forms of security will 
result in no cost or savings to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: As with local governments and small businesses, no other persons 
use letters of credit to secure payment of their workers' compensation 
liabilities.  Consequently, eliminating letters of credit as one of the 
permitted forms of security will result in no cost or savings to such other 
persons.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Because letters of credit are not 
currently used in the self-insurance program, this amendment will impose no 
compliance costs on affected persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The Industrial Accidents Division's experience over the last 
several years has shown that self-insured employers do not choose to use 
letters of credit as a means of securing their liability for workers' 
compensation payments.  Consequently, elimination of that disfavored form of 
security will have no fiscal impact on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Ron Dressler by phone at 801-530-6841, by FAX at 801-530-6804, or by 
Internet E-mail at rdressler@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36685.htm



NATURAL RESOURCES
OIL, GAS AND MINING; OIL AND GAS
No. 36700 (Amendment): R649-3-39. Hydraulic Fracturing.
SUMMARY OF THE RULE OR CHANGE:  This rule section requires an oil and gas 
well operator to disclose the amount and type of chemicals used in a 
hydraulic fracturing operation.  The rule also addresses well bore integrity 
and management of flowback water with surface protection in the oil and gas 
rules.  The Division requested voluntary compliance of chemical disclosure on 
02/28/2012, and the majority of well operators so performed.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Well operators will provide the chemical disclosure on 
the FracFocus website, as required in other states with oil and gas 
production.  Operators will continue to conduct well operations in accordance 
with rules for wellbore integrity and management of fluids.  The Division may 
likely address questions from the public concerning the chemical disclosure 
and have support staff determine compliance to report, but no added staffing 
and expenses are anticipated.
- LOCAL GOVERNMENTS:  Local government is not impacted by this rule because 
oil and gas well operators in Utah are the parties that are regulated by this 
rule.
- SMALL BUSINESSES:  Over 96% of the oil and gas wells permitted in 2012 in 
Utah pertain to businesses larger than small business, thus the reporting 
requirement impact applies to less than 4% of the wells.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Persons other than small businesses, businesses, or local 
government entities are not impacted by this rule, since the rule impacts oil 
and gas well operators in Utah.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Well operators will be required to 
provide the chemical disclosure on the FracFocus website rather than 
voluntarily.  Operators will continue to conduct well operations in 
accordance with rules for wellbore integrity and management of fluids.  
Research indicates at least 56% of completed wells are already reported to 
FracFocus, so the impact from mandatory reporting will affect 44% or less of 
the new wells.  No new data will be required to be obtained, but existing 
fracturing data will be input into the FracFocus database by the operator's 
support staff.  Industry associations at the 08/22/2012 Board meeting have 
orally agreed to the FracFocus reporting.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule will not require well operators to obtain new data, 
but the rule will require data entry of existing hydraulic fracturing data 
for the minority of wells in Utah that are not voluntarily reported by well 
operators.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by 
Internet E-mail at steveschneider@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 09/26/2012 09:00 AM, DNR, 1594 W North Temple, Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  10/24/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36700.htm


PARKS AND RECREATION
No. 36682 (Amendment): R651-637. 2012 Antelope Island State Park Special Mule 
Deer and Bighorn Sheep Hunt.
SUMMARY OF THE RULE OR CHANGE:  Pursuant to the initial intent language 
passed during the 2010 General Session, identical language was passed during 
the 2011 General Session and the 2012 General Session.  Consequently, a 
second hunt will be held during 2012 (previously authorized by the State 
Parks and Recreation Board).  Because of the 2012 language, a 2013 hunt will 
need to be authorized.  This change authorizes an annual hunt, with hunt 
dates, harvest objectives and other parameters being set by the Board on an 
annual basis.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget.  The only affected persons are those who draw the permits.  Since the 
permit costs are set by either bid conditions or by DWR, they are not 
affected by this rule.
- LOCAL GOVERNMENTS:  There are no anticipated costs or savings to local 
government budgets.  The only affected persons are those who draw the 
permits.  Since the permit costs are set by either bid conditions or by DWR, 
they are not affected by this rule.
- SMALL BUSINESSES:  There are no anticipated costs or savings to small 
business.  The only affected persons are those who draw the permits.  Since 
the permit costs are set by either bid conditions or by DWR, they are not 
affected by this rule.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There are no anticipated costs or savings to other persons.  The 
only affected persons are those who draw the permits.  Since the permit costs 
are set by either bid conditions or by DWR, they are not affected by this 
rule.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The only affected persons are those 
who draw the permits.  Since the permit costs are set by either bid 
conditions or by DWR, they are not affected by this rule.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be a positive impact on business as a result of this 
rule.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by 
Internet E-mail at tammywright@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36682.htm



PUBLIC SAFETY
DRIVER LICENSE
No. 36693 (Amendment): R708-41. Requirements for Acceptable Documentation, 
Storage and Maintenance.
SUMMARY OF THE RULE OR CHANGE:  Currently, an individual whose immigration 
status is refugee or approved asylee who is applying for their first Utah 
driving privilege is given the option of taking the written test on Utah 
driving laws in their native language with the assistance of an interpreter.  
An individual whose immigration status is legal permanent resident is only 
eligible to apply for a "regular" driver license and must pass the written 
test on Utah driving laws in English.  Because some refugees and approved 
asylees immigration status is changed to legal permanent resident in one 
year, this change will allow these individuals the option applying for a 
"limited-term" driver license rather than a "regular" driver license and of 
taking the written driving test in their native language with the assistance 
of an interpreter.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  State budget is not affected by this change because the 
license fees for a "regular" driver license and a "limited-term" driver 
license are the same amount.
- LOCAL GOVERNMENTS:  Local government is not affected by this change because 
local government does not issue Utah driver licenses.
- SMALL BUSINESSES:  Businesses approved by the Department of Workforce 
Services that provide interpreting services may see an increase in the number 
of individuals seeking an interpreter for the purpose of taking the Utah 
driver license written test.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Individuals who are eligible to apply for a limited-term driver 
license and choose to use an interpreter are responsible for the 
interpreter's fees.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs for 
affected persons because it is the individual's option to use an interpreter.  
It is not a mandatory requirement.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There may be a positive fiscal impact on businesses approved by 
the Department of Workforce Services that provide interpreting services.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jill Laws by phone at 801-964-4469, by FAX at 801-964-4482, or by Internet 
E-mail at jlaws@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/23/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36693.htm

No. 36698 (New Rule): R708-48. Ignition Interlock System Program.
SUMMARY OF THE RULE OR CHANGE:  The rule establishes minimum standards for 
persons to be licensed to install ignition interlock systems into vehicles of 
restricted drivers as required by Utah law.  Installers and providers will be 
required to have sufficient training and pass a criminal background check to 
ensure devices are installed correctly by licensed installers who have the 
knowledge in current industry standards.  This rule will assist in limiting 
potential fraud by outlining what a provider and installer must do when 
installing or removing an ignition interlock system into vehicles, therefore 
promoting public safety.  System providers and installers will be granted 
access to a web based application that allows for reporting of installations 
and removals of an ignition interlock system.  This also allows the Utah 
Driver License Division to send timely notices to drivers that are not 
compliant and would affect their driving privilege.  (DAR NOTE:  A 
corresponding 120-day (emergency) rule is under DAR No. 36419 in the July 15, 
2012, issue of the Bulletin and is effective as of 07/01/2012.)
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The state will see an increase associated with the 
different requirements.  Public Safety will be receiving the current rate of 
$20 for every back ground check.  The Utah Driver License Division will be 
receiving licensing fees from the providers and installers.
- LOCAL GOVERNMENTS:  Local government should not be affected.
- SMALL BUSINESSES:  Small business will see an increase in spending due to 
the various fees associated with the licensing procedures.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Possible costs could be incurred by the individual if the licensing 
fees are not covered by the small business entity.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The compliance costs are currently as 
follows:  criminal background fee - $20, installer's license - $30, providers 
license - $100, branch inspection fee - $30, annual renewal fee for 
installers - $20.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be a fiscal impact on business in order to be 
compliant with the required back ground check and licensing fees.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by 
Internet E-mail at modalton@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/23/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36698.htm



TAX COMMISSION
ADMINISTRATION
No. 36694 (Amendment): R861-1A-20. Time of Appeal Pursuant to Utah Code Ann. 
Sections 59-1-301, 59-1-501, 59- 2-1007, 59-7-517, 59-10-532, 59-10-533, 59-
10-535, 59-12-114, 59-13-210, 63G-4-201, 63G-4- 401, 68-3-7, and 68-3-8.5.
SUMMARY OF THE RULE OR CHANGE:  The proposed amendment deletes references to 
statutes that have been repealed and replaces those references with the 
correct statutory citation.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  None--The proposed amendment updates statutory 
references to match recent legislative changes.  There is no change in agency 
practice.
- LOCAL GOVERNMENTS:  None--The proposed amendment updates statutory 
references to match recent legislative changes.  There is no change in agency 
practice.
- SMALL BUSINESSES:  None--The proposed amendment updates statutory 
references to match recent legislative changes.  There is no change in agency 
practice.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: None--The proposed amendment updates statutory references to match 
recent legislative changes. There is no change in agency practice.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  None--The proposed amendment updates 
statutory references to match recent legislative changes.  There is no change 
in agency practice.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  These changes to the statue reference do not change agency 
practice.  Therefore, there is no fiscal impact from this amendment.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by 
Internet E-mail at cj@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36694.htm

No. 36695 (Amendment): R861-1A-46. Procedures for Purchaser Refund Requests 
Pursuant to Utah Code Ann. Sections 59-1-1410 and 59-12-110.
SUMMARY OF THE RULE OR CHANGE:  The proposed rule defines a purchaser refund 
request as a request for a refund of sales taxes submitted by a person other 
than the seller that originally collected and remitted the sales tax to the 
Tax Commission; indicates the information that must be provided to the Tax 
Commission when submitting a purchaser refund request; provides that an 
applicant that qualifies may choose to have the purchaser refund request 
reviewed by a sampling method, rather than a 100 percent review of the 
transactions included in the refund request; and provides that a purchaser 
refund request will be decreased by the amount of those transactions for 
which required information is not provided to the Tax Commission within the 
specified time period, and will be treated as dismissals that may be appealed 
only on the issue of whether the required information was received by the Tax 
Commission within the specified time.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  None--The proposed section indicates how to apply for 
certain sales tax refunds.
- LOCAL GOVERNMENTS:  None--The proposed section indicates how to apply for 
certain sales tax refunds.
- SMALL BUSINESSES:  None--The proposed section indicates how to apply for 
certain sales tax refunds.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: None--The proposed section indicates how to apply for certain sales 
tax refunds.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  None--The proposed section indicates 
how a person shall apply for a sales tax refund when that person is not the 
seller that originally collected and remitted the sales tax to the Tax 
Commission.  While in most cases, the application process mirrors the long-
standing practice of the division, an applicant that qualifies for and 
chooses the sampling method of review will provide less information to the 
Tax Commission than currently.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This proposed application process for certain sales tax refunds 
creates no fiscal impact.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by 
Internet E-mail at cj@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36695.htm


PROPERTY TAX
No. 36696 (Amendment): R884-24P-33. 2012 Personal Property Valuation Guides 
and Schedules Pursuant to Utah Code Ann. Section 59-2-301.
SUMMARY OF THE RULE OR CHANGE:  Section 59-2-107 authorizes the State Tax 
Commission to promulgate rules that define classes of items considered to be 
personal property and provide valuation percent good schedules to value 
locally assessed personal property.  County assessors must use the percent 
good schedules as contained in this rule. Any deviation which affects an 
entire class or type of personal property requires a written report 
documenting the schedule change to be submitted to the Tax Commission for 
approval prior to use.  H.B. 387 (2012 General Session) requires the repeal 
of the schedule for short life expensed property and the creation of a new 
schedule for noncapitalized personal property.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  In the aggregate, the amount of savings or cost to 
individuals and business is undetermined.  Affected persons pay property 
taxes based on increased or decreased personal property values and the change 
in the annual property tax rate.  The proposed personal property schedules in 
this rule are raised, lowered, or remain the same for 2013 based upon the 
type and age of the property.  Since some schedules are increased, some 
decreased, and, under H.B. 387 (2012) deleted and created, it is not possible 
to determine the change to affected persons without knowing the 2013 personal 
property mix compared to the previous year.
- LOCAL GOVERNMENTS:  In the aggregate, the amount of savings or cost to 
individuals and business is undetermined.  Affected persons pay property 
taxes based on increased or decreased personal property values and the change 
in the annual property tax rate.  The proposed personal property schedules in 
this rule are raised, lowered, or remain the same for 2013 based upon the 
type and age of the property.  Since some schedules are increased, some 
decreased, and, under H.B. 387 (2012) deleted and created, it is not possible 
to determine the change to affected persons without knowing the 2013 personal 
property mix compared to the previous year.
- SMALL BUSINESSES:  In the aggregate, the amount of savings or cost to 
individuals and business is undetermined.  Affected persons pay property 
taxes based on increased or decreased personal property values and the change 
in the annual property tax rate.  The proposed personal property schedules in 
this rule are raised, lowered, or remain the same for 2013 based upon the 
type and age of the property.  Since some schedules are increased, some 
decreased, and, under H.B. 387 (2012) deleted and created, it is not possible 
to determine the change to affected persons without knowing the 2013 personal 
property mix compared to the previous year.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: In the aggregate, the amount of savings or cost to individuals and 
business is undetermined.  Affected persons pay property taxes based on 
increased or decreased personal property values and the change in the annual 
property tax rate.  The proposed personal property schedules in this rule are 
raised, lowered, or remain the same for 2013 based upon the type and age of 
the property.  Since some schedules are increased, some decreased, and, under 
H.B. 387 (2012) deleted and created, it is not possible to determine the 
change to affected persons without knowing the 2013 personal property mix 
compared to the previous year.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Local business owners and property 
tax practitioners will once again be required to be aware of new percent good 
figures.  This is an annual occurrence; therefore, the compliance cost in 
completing the assessment process will not change.  The change in taxes 
charged for these businesses depends entirely on the owner's mix of personal 
property since some percent good schedules are increasing and others 
decreasing, and, under H.B. 387 (2012), one schedule was deleted and another 
created.  For example, the owner of a business may discard some personal 
property items and add new equipment or replace equipment which may increase 
or decrease personal property values.  In addition, the personal property 
percent good schedule percentages often change from the previous year due to 
current economic conditions.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This annual update of the schedules may or may not have fiscal 
impact on businesses.  Tax rates and property acquisition or deletion is 
likely to have a greater bearing on overall tax impact to a business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by 
Internet E-mail at cj@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36696.htm



TECHNOLOGY SERVICES
ADMINISTRATION
No. 36699 (Amendment): R895-3. Computer Software Licensing, Copyright, 
Control, Retention, and Transfer.
SUMMARY OF THE RULE OR CHANGE:  The purpose of this rule is to establish the 
State of Utah's position and its intent to:  1) comply with computer software 
licensing agreements and applicable federal laws, including copyright and 
patent laws; 2) define the methods by which the State of Utah (State) will 
control and protect computer software; and 3) establish the State's right, 
title and interest in state-developed computer software, including the sale 
and transfer of such software under certain conditions.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The state budget will not be affected by this change as 
this amendment moves the software coordinator responsibility to the 
Department of Technology Services from the state agencies.  There is no 
additional cost or savings included in this change.
- LOCAL GOVERNMENTS:  Local government will not be affected by this change as 
this amendment moves the software coordinator responsibility to the 
Department of Technology Services from the state agencies.  There is no 
additional cost or savings included in this change.
- SMALL BUSINESSES:  Small businesses will not be affected by this change as 
this amendment moves the software coordinator responsibility to the 
Department of Technology Services from the state agencies.  There is no 
additional cost or savings included in this change.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Persons other than small businesses, businesses, or local 
government entities will not be affected by this change as this amendment 
moves the software coordinator responsibility to the Department of Technology 
Services from the state agencies.  There is no additional cost or savings 
included in this change.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There will be no compliance costs for 
affected persons as this amendment moves the software coordinator 
responsibility to the Department of Technology Services from the state 
agencies.  There is no additional cost or savings included in this change.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be no fiscal impact on businesses due to the change 
in this rule.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Stephanie Weiss by phone at 801-538-3284, by FAX at 801-538-3622, or by 
Internet E-mail at stweiss@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36699.htm



TRANSPORTATION
OPERATIONS, TRAFFIC AND SAFETY
No. 36704 (Amendment): R920-1. Manual of Uniform Traffic Control Devices.
SUMMARY OF THE RULE OR CHANGE:  Significant changes between the last version 
of the MUTCD incorporated by this rule and the Utah MUTCD include a 
restructure that changed the language from "shall," "should" and "may" to 
"standards," "guidance," "option" and "support."  Standards are required, 
mandatory or specifically prohibited practices.  Guidance is a recommended 
practice.  An option is a permissive practice and support is an informational 
statement.  A new part was added for Low Volume Roads and for Highway-Light 
Rail Transit Grade Crossings.  The section on Islands was deleted and 
clarifying definitions were added.  Crosswalk lines were removed from 
crossing signs, a new yield line pavement marking was added along with in-
road lighting.  Additionally, the manual was made applicable to private 
property open to public travel.  It now requires individual arrows for guide 
signs, has revised option lane guide sign requirements, has a new section on 
preferential lanes (express lanes), and requires high-visibility apparel for 
all workers within the public right-of-way.  School zone warning signs must 
use fluorescent yellow-green color only, and a speed limit sign cannot end a 
school speed limit zone.  The Legibility Index was changed to 30 feet per 
inch of legend height, some sign sizes were increased, one-way sign 
requirements were modified, along with the requirements for warning signs for 
changes in horizontal alignment.  Signal changes include requiring 12 inch 
indications for all new installations, requiring a signal head for each lane 
when the speed is greater that 45 miles per hour, requiring single back 
plates for certain conditions, and allowing the use of flashing yellow arrows 
for left turns, and allowing the use of hybrid beacons for pedestrian 
crossings.  There have been other stylistic and grammatical changes like 
adding paragraph numbers and italicizing guidance statements.  The majority 
of the Utah MUTCD was taken directly from the National Manual.  Differences 
include added definitions, modified optional lane exit guide signing 
requirements, added sections on logo signing, byway signing, and open range 
signing, and a modified walking speed for pedestrians in the Signal section.  
The Utah MUTCD also removed the National Manual Part 7 (School Zones) and 
replaced it with the current Utah Traffic Controls for School Zones 
Supplement that has been required in Utah since 1992.  Additional 
modifications were added to reflect UDOT policy and practices for highways 
under the department's jurisdiction.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Adoption of the Utah MUTCD, with modification from the 
national requirements for Optional Lane Guide signing, can potentially save 
$43,000 per overhead guide sign structure installation.  Other requirements 
of the Utah MUTCD reflect current policy or practice and would not add costs 
to current operations.
- LOCAL GOVERNMENTS:  There is no anticipated cost or saving to local 
government because the Utah MUTCD does not place additional burdens on local 
government.  They are already required to follow the requirements of the Utah 
Traffic Controls for School Zones Supplement, which is included in the Utah 
MUTCD to provide a location for easy reference.
- SMALL BUSINESSES:  There is no anticipated cost or saving to small 
businesses because the Utah MUTCD does not place additional burdens or 
requirements on small businesses beyond those required by the National MUTCD.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or saving to persons other than small 
businesses, businesses or local government because the Utah MUTCD does not 
place additional burdens or requirements beyond those required by the 
National MUTCD.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no anticipated cost or 
saving to affected persons because the Utah MUTCD does not place additional 
burdens or requirements on affected persons beyond those required by the 
National MUTCD.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no anticipated fiscal impact on businesses because the 
Utah MUTCD does not place additional burdens or requirements on businesses 
beyond those required by the National MUTCD.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2012
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:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36704.htm

No. 36705 (Repeal): R920-2. Traffic Control Systems for Railroad-Highway 
Grade Crossings.
SUMMARY OF THE RULE OR CHANGE:  This rule is being repealed because 
regulations for traffic control systems for railroad-highway grade crossings 
are covered in Rules R930-5 and R920-51, and in the Utah Manual on Uniform 
Traffic Control Devices incorporated in Rule R920-1.  This rule is repealed 
in its entirety.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or saving to the state 
budget because the change only repeals this rule because the regulations are 
covered in Rules R930-5 and R920-51, and in the Utah Manual on Uniform 
Traffic Control Devices incorporated in Rule R920-1.
- LOCAL GOVERNMENTS:  There is no anticipated cost or saving to local 
government because the change only repeals this rule because the regulations 
are covered in Rules R930-5 and R920-51, and in the Utah Manual on Uniform 
Traffic Control Devices incorporated in Rule R920-1.
- SMALL BUSINESSES:  There is no anticipated cost or saving to small 
businesses because the change only repeals this rule because the regulations 
are covered in Rules R930-5 and R920-51, and in the Utah Manual on Uniform 
Traffic Control Devices incorporated in Rule R920-1.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or saving to persons other than small 
businesses, businesses, or local government entities because the change only 
repeals this rule because the regulations are covered in Rules R930-5 and 
R920-51, and in the Utah Manual on Uniform Traffic Control Devices 
incorporated in Rule R920-1.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no anticipated compliance 
cost for affected persons because the change only repeals this rule because 
the regulations are covered in Rules R930-5 and R920-51, and in the Utah 
Manual on Uniform Traffic Control Devices incorporated in Rule R920-1.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no anticipated fiscal impact on businesses because the 
change only repeals this rule because the regulations are covered in Rules 
R930-5 and R920-51, and in the Utah Manual on Uniform Traffic Control Devices 
incorporated in Rule R920-1.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2012
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:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36705.htm

No. 36706 (Repeal): R920-3. Manual of Uniform Traffic Control Devices, Part 
VI.
SUMMARY OF THE RULE OR CHANGE:  This rule is being repealed because these 
regulations are included in the Utah Manual on Uniform Traffic Control 
Devices incorporated in Rule R920-1.  This rule is repealed in its entirety.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or saving to the state 
budget from repeal of this rule because these regulations are included in the 
Utah Manual on Uniform Traffic Control Devices incorporated in Rule R920-1.
- LOCAL GOVERNMENTS:  There is no anticipated cost or saving to local 
government from repeal of this rule because these regulations are included in 
the Utah Manual on Uniform Traffic Control Devices incorporated in Rule R920-
1.
- SMALL BUSINESSES:  There is no anticipated cost or saving to small 
businesses from repeal of this rule because these regulations are included in 
the Utah Manual on Uniform Traffic Control Devices incorporated in Rule R920-
1.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or saving to persons other than small 
businesses, businesses, or local government entities from repeal of this rule 
because these regulations are included in the Utah Manual on Uniform Traffic 
Control Devices incorporated in Rule R920-1.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no anticipated cost for 
affected persons from repeal of this rule because these regulations are 
included in the Utah Manual on Uniform Traffic Control Devices incorporated 
in Rule R920-1.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no anticipated fiscal impacts on businesses from repeal 
of this rule because these regulations are included in the Utah Manual on 
Uniform Traffic Control Devices incorporated in Rule R920-1.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2012
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:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36706.htm

No. 36707 (Repeal): R920-5. Manual and Specifications on School Crossing 
Zones.  Supplemental to Part VII of the Manual on Uniform Traffic Control 
Devices.
SUMMARY OF THE RULE OR CHANGE:  This rule is being repealed because these 
regulations are included in the Utah Manual on Uniform Traffic Control 
Devices incorporated in Rule R920-1.  This rule is repealed in its entirety.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or saving to the state 
budget from repeal of this rule because these regulations are included in the 
Utah Manual on Uniform Traffic Control Devices incorporated in Rule R920-1.
- LOCAL GOVERNMENTS:  There is no anticipated cost or saving to local 
government from repeal of this rule because these regulations are included in 
the Utah Manual of Uniform Traffic Control Devices incorporated in Rule R920-
1.
- SMALL BUSINESSES:  There is no anticipated cost or saving to small 
businesses from repeal of this rule because these regulations are included in 
the Utah Manual on Uniform Traffic Control Devices incorporated in Rule R920-
1.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or saving to persons other than small 
businesses, businesses, or local government entities from repeal of this rule 
because these regulations are included in the Utah Manual on Uniform Traffic 
Control Devices incorporated in Rule R920-1.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no anticipated compliance 
cost for affected persons from repeal of this rule because these regulations 
are included in the Utah Manual on Uniform Traffic Control Devices 
incorporated in R920-1.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no anticipated fiscal impact on businesses from repeal 
of this rule because these regulations are included in the Utah Manual on 
Uniform Traffic Control Devices incorporated in Rule R920-1.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2012
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:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36707.htm




3.  NOTICES OF CHANGES IN PROPOSED RULES

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

While the law does not designate a comment period for a Change in Proposed 
Rule, it does provide for a 30-day waiting period.  An agency may accept 
additional comments during this period, and, at its option, may designate a 
comment period or may hold a public hearing.  The 30-day waiting period for 
Changes in Proposed Rules published in Utah State Bulletin ends October 15, 
2012.

From the end of the 30-day waiting period through January 13, 2013, an agency 
may notify the Division of Administrative Rules that it wants to make the 
Change in Proposed Rule effective.  When an agency submits a Notice of 
Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by 
the Change in Proposed Rule becomes the effective rule.  The agency sets the 
effective date.  The date may be no fewer than 30 days nor more than 120 days 
after the publication of the Change in Proposed Rule.  If the agency 
designates a public comment period, the effective date may be no fewer than 
seven calendar days after the close of the public comment period nor more 
than 120 days after the publication date.  Alternatively, the agency may file 
another Change in Proposed Rule in response to additional comments received.  
If the Division of Administrative Rules does not receive a Notice of 
Effective Date or another Change in Proposed Rule by the end of the 120-day 
period after publication, the Change in Proposed Rule filings, along with its 
associated Proposed Rule, lapses and the agency must start the process over. 

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


HEALTH
HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 36379 (Change in Proposed Rule): R414-510. Intermediate Care Facility for 
Individuals with Mental Retardation Transition Program.
SUMMARY OF THE RULE OR CHANGE:  This amendment clarifies the notification and 
application process for the ICF/ID Transition Program.  (DAR NOTE:  This 
change in proposed rule has been filed to make additional changes to a 
proposed amendment that was published in the July 1, 2012, issue of the Utah 
State Bulletin, on page 70.  Underlining in the rule below indicates text 
that has been added since the publication of the proposed rule mentioned 
above; strike-out indicates text that has been deleted.  You must view the 
change in proposed rule and the proposed amendment together to understand all 
of the changes that will be enforceable should the agency make this rule 
effective.)
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Department does not anticipate any impact to the 
state budget because this change only clarifies the notification and 
application process for the ICF/ID Transition Program.
- LOCAL GOVERNMENTS:  There is no impact to local governments because they 
neither fund nor provide Home and Community-Based Services (HCBS) to Medicaid 
recipients.
- SMALL BUSINESSES:  The Department does not anticipate any impact to small 
businesses because this change only clarifies the notification and 
application process for the ICF/ID Transition Program.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The Department does not anticipate any impact to HCBS providers and 
to Medicaid recipients because this change only clarifies the notification 
and application process for the ICF/ID Transition Program.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The Department does not anticipate 
any compliance costs to a single HCBS provider or to a Medicaid recipient 
because this change only clarifies the notification and application process 
for the ICF/ID Transition Program.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Greater awareness of the option for residents of ICF/ID 
facilities to move into community placements is good public policy and this 
rule supports that policy.  Notice and meeting requirements are placed on the 
state rather than the facility to minimize business impact.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 10/15/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  10/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36379.htm




4.  NOTICES OF 120-DAY (EMERGENCY) RULES

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

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

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

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


INSURANCE
ADMINISTRATION
No. 36703 (Emergency Rule): R590-266. Utah Essential Health Benefits Package.
SUMMARY OF THE RULE OR CHANGE:  As outlined in Section 31A-30-116, Utah has 
chosen to designate its own essential health benefits rather than accept a 
federal determination.  On 08/16/2012, the Chairmen of the Legislature's 
Health System Reform Task Force notified the Insurance Commissioner that the 
Task Force had voted to recommend the Public Employees Health Program's 
(PEHP) Utah Basic Plus Plan as Utah's Essential Health Benefit Package for 
the purposes of the ACA.  (DAR NOTE:  A corresponding proposed new Rule R590-
266 is under DAR No. 36708 in this issue, September 15, 2012, of the 
Bulletin.)
EMERGENCY RULE REASON AND JUSTIFICATION:
REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal 
or state law.
JUSTIFICATION:  In the 2012 General Session, the Legislature passed H.B. 144, 
Health System Reform Amendments, which requires the department to adopt via 
emergency rule, Subsection 31A-30-116(3)(b).  The insurers need this 
information immediately so they can start development of the products and 
systems to manage the new requirements.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The requirements of this rule will increase rate and 
form filings to the department from 65 health insurers offering comprehensive 
health insurance products.  The increase in filings will not increase the 
department or state's revenues, just increase the workload of the department 
and since the department does not have the fiscal appropriation to hire 
anyone for the additional workload it will have to be assimilated among 
current employees.
- LOCAL GOVERNMENTS:  This rule will have no impact on local governments 
since it deals solely with the relationship between the department and their 
licensees.
- SMALL BUSINESSES:  This rule will change the type of health insurance 
products agencies will offer to their clients.  It may affect the cost of the 
health plan chosen by the small employers.  If current plan does not meet the 
minimum requirements the premiums will more than likely increase to account 
for the increase in benefits.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This rule will impact 65 health insurers that sell insurance in 
Utah. Health insurers may need to develop new products, train their workforce 
and update their computer program.  It may affect the cost of the health plan 
chosen by the large employer.  If their current plan does not meet minimum 
requirements the premium of an approved plan will more than likely increase 
to account for the increase in benefits.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  This rule will impact 65 health 
insurers that sell insurance in Utah.  Health insurers may need to develop 
new products, train their workforce, and update their computer program.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Utah has chosen to designate its own essential heath benefits 
rather than accept the federal determination.  The benefits designated by the 
Health System Reform Task Force and myself were selected  in order to 
maximize choice and minimize the premium impact on employers.  Fiscal impacts 
for health insurers may be minimally dependent on their current plan designs.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by 
Internet E-mail at jwhitby@utah.gov
EFFECTIVE:  08/30/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36703.htm




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

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

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

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


AGRICULTURE AND FOOD
PLANT INDUSTRY
No. 36697 (5-year Review): R68-15. Quarantine Pertaining to Japanese Beetle.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Japanese beetle, Popillia japonica, is a beetle, family Scarabaeidae, which 
in the larval state attacks the roots of many plants and as an adult attacks 
the leaves and fruits of many plants.  This rule protects Utah's agricultural 
industries from increased production costs and loss of markets that would 
occur due to the presence of Japanese beetle.  The rule limits imports of 
plants, plant parts, and soil, which are carriers of Japanese beetle life 
stages.  This rule requires certification of host material by the 
agricultural officials of the exporting state listed in the quarantine, and 
dispenses violations.  The Japanese Beetle Harmonization Plan is referenced 
in this rule to give guidance for treatment protocols.  Therefore, this rule 
should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by 
Internet E-mail at kmathews@utah.gov
- Kyle Stephens by phone at 801-538-7102, by FAX at 801-538-7126, or by 
Internet E-mail at kylestephens@utah.gov
- Robert Hougaard by phone at 801-538-7187, by FAX at 801-538-7189, or by 
Internet E-mail at rhougaard@utah.gov
EFFECTIVE:  08/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36697.htm



GOVERNOR
ENERGY DEVELOPMENT (OFFICE OF)
No. 36701 (5-year Review): R362-2. Renewable Energy Systems Tax Credits.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule should be continued because in the absence of it the Renewable 
Energy Systems Tax Credit would not have the legal and administrative 
framework that it requires in order to be carried out responsibly.  Indeed, 
the rule is an invaluable guide both due to its clear and concise 
definitions, as well as its detailed delineation of tax credit qualification 
criteria and tax credit application and administration processes.  The 
Renewable Energy Systems Tax Credit for which this rule is the guiding 
document is both a remarkably popular and beneficial tool.  From an economic 
development and revenue generation perspective, by lowering the effective 
cost of distributed renewable energy generation systems the Renewable Energy 
Systems Tax Credit both:  1) supports hundreds of jobs primarily in the 
rooftop solar installation contracting community, and 2) helps to lower the 
monthly utility costs to households and businesses, thereby unburdening 
monthly budgets and providing a boost to consumer spending.  Without this 
rule, the Renewable Energy Systems Tax Credit would lack the detailed legal 
underpinnings that it absolutely requires in order to operate as intended.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jeffrey Barrett by phone at 801-739-5191, or by Internet E-mail at 
jhbarrett@utah.gov
EFFECTIVE:  08/30/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36701.htm

No. 36702 (5-year Review): R362-3. Energy Efficiency Fund.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule should be continued because in the absence of it the newly 
rebranded U-Save Loan Program would not have the legal and administrative 
framework that it requires in order to be carried out responsibly.  Indeed, 
the rule is an invaluable guide both due to its clear and concise 
definitions, as well as its detailed delineation of loan qualification 
criteria and loan fund application and administration processes.  The Energy 
Efficiency Fund for which this rule is the guiding document is both a 
remarkably popular and beneficial tool, and promises to be even more so 
moving forward.  From an economic development and revenue generation 
perspective, by lowering the cost associated with adopting efficiency 
measures for local governments and schools, the Energy Efficiency Fund helps 
to reduce monthly utility costs for those critical public entities, who may 
then put those funds to work better serving Utahans.  Without this rule, the 
Energy Efficiency Fund would lack the detailed legal underpinnings that it 
absolutely requires in order to operate as intended.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jeffrey Barrett by phone at 801-739-5191, or by Internet E-mail at 
jhbarrett@utah.gov
EFFECTIVE:  08/30/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36702.htm



HEALTH
HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 36672 (5-year Review): R414-15. Residents Personal Needs Fund.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule is necessary because it establishes requirements for long-term care 
facilities to manage and safeguard a resident's personal funds.  Therefore, 
this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
EFFECTIVE:  08/20/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36672.htm

HUMAN SERVICES
RECOVERY SERVICES
No. 36673 (5-year Review): R527-300. Income Withholding.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The statutes under which this rule is enacted are still in effect and the 
rule continues to provide necessary clarification and detail for carrying out 
income withholding in IV-D cases.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- LeAnn Wilber by phone at 801-536-8950, by FAX at 801-536-8833, or by 
Internet E-mail at lwilber@utah.gov
EFFECTIVE:  08/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36673.htm

No. 36674 (5-year Review): R527-378. Withholding of Social Security Benefits.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The statutes under which this rule is enacted are still in effect and the 
rule is reflected in the current policy, practices, and procedures of ORS.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- LeAnn Wilber by phone at 801-536-8950, by FAX at 801-536-8833, or by 
Internet E-mail at lwilber@utah.gov
EFFECTIVE:  08/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36674.htm

No. 36675 (5-year Review): R527-412. Intercept of Unemployment Compensation.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The statutes under which this rule is enacted are still in effect.  In 
addition, Rule R527-300 (Income Withholding) and Section 303(b) of the 
Consumer Credit Protection Act (15 USC Section 1643), which are referenced in 
the text of the rule remain in effect as well.  The rule clarifies that 
unemployment compensation may be subject to garnishment if income withholding 
criteria do not apply, and allows for an obligor to volunteer to pay more 
than the required amount.  These provisions are reflected in current Office 
of Recovery Services policy, procedures, and practices.  Therefore, this rule 
should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- LeAnn Wilber by phone at 801-536-8950, by FAX at 801-536-8833, or by 
Internet E-mail at lwilber@utah.gov
EFFECTIVE:  08/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36675.htm

No. 36676 (5-year Review): R527-601. Establishing or Modifying an 
Administrative Award for Child Support.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule should be continued because the statutes under which it is enacted 
are still in effect and it describes what is meant by "best evidence 
available" and specifies the method for providing the non-moving party with 
an affidavit describing the evidence before the evidence is used in 
determining the amount of a child support award.  Therefore, this rule should 
be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- LeAnn Wilber by phone at 801-536-8950, by FAX at 801-536-8833, or by 
Internet E-mail at lwilber@utah.gov
EFFECTIVE:  08/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36676.htm

No. 36677 (5-year Review): R527-928. Lost Checks.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The rule is necessary because of the laws that require ORS to collect and 
disburse collected child support money to the appropriate payee can sometime 
result in a lost, stolen, or forged check.  The rule provides ORS with the 
procedures and process for assisting the payee in reissuing a warrant, if 
appropriate, when a check is lost, stolen, or forged.  Therefore, this rule 
should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- LeAnn Wilber by phone at 801-536-8950, by FAX at 801-536-8833, or by 
Internet E-mail at lwilber@utah.gov
EFFECTIVE:  08/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36677.htm



INSURANCE
ADMINISTRATION
No. 36684 (5-year Review): R590-96. Rule to Recognize New Annuity Mortality 
Tables for Use in Determining Reserve Liabilities for Annuities.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule is necessary because it sets reserving standards.  In the absence 
of the rule, an insurer would be allowed to hold lower, inadequate reserves 
that could result in the insolvency of the insurance company.  Therefore, 
this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by 
Internet E-mail at jwhitby@utah.gov
EFFECTIVE:  08/22/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36684.htm

No. 36688 (5-year Review): R590-216. Standards for Safeguarding Customer 
Information.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The rule implements the requirements of federal law regarding the disclosure 
of nonpublic personal information.  The rule establishes standards applicable 
to department licensees to assist them in developing and implementing 
administrative, technical and physical safeguards to protect the security, 
and confidentiality and integrity of customer information.  As long as the 
federal law regarding the privacy of non-public personal information is in 
force, and as long as the insurance industry continues to collect this type 
of information regarding their customers, this rule will be necessary.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by 
Internet E-mail at jwhitby@utah.gov
EFFECTIVE:  08/23/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36688.htm



TECHNOLOGY SERVICES
ADMINISTRATION
No. 36709 (5-year Review): R895-3. Computer Software Licensing, Copyright, 
Control, Retention, and Transfer.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Section 63F-1-206 grants the Chief Information Officer the authority to grant 
rules relating to technology, including the authority establish standards for 
when an agency must obtain approval before obtaining items listed in 
Subsection 63F-1-205(1); and Subsection 63F-1-206(1)(a)(iv) provides for the 
acquisition, licensing, and sale of computer software.  The purpose of this 
rule is to establish the State of Utah's position and its intent to:  1) 
comply with computer software licensing agreements and applicable federal 
laws, including copyright and patent laws; 2) define the methods by which the 
State of Utah (State) will control and protect computer software; and 3) 
establish the State's right, title and interest in state-developed computer 
software, including the sale and transfer of such software under certain 
conditions.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Stephanie Weiss by phone at 801-538-3284, by FAX at 801-538-3622, or by 
Internet E-mail at stweiss@utah.gov
EFFECTIVE:  08/31/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20120915/36709.htm




6.  NOTICES OF RULE EFFECTIVE DATES

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

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


COMMERCE
ADMINISTRATION
No. 36416  (AMD): R151-4-306.  Motion to Recuse or Disqualify a Board or 
Commission Member
Published:  07/15/2012
Effective:  08/21/2012


REAL ESTATE
No. 36390  (AMD): R162-2f.  Real Estate Licensing and Practices Rules
Published:  07/15/2012
Effective:  08/21/2012

No. 36078  (AMD): R162-57a.  Timeshare and Camp Resort Rules
Published:  05/01/2012
Effective:  08/21/2012

No. 36078  (CPR): R162-57a.  Timeshare and Camp Resort Rules
Published:  07/15/2012
Effective:  08/21/2012



COMMUNITY AND CULTURE
ADMINISTRATION
No. 36353  (NEW): R182-2.  Preservation Pro Fee
Published:  07/01/2012
Effective:  08/31/2012


OLENE WALKER HOUSING TRUST FUND
No. 36327  (REP): R235-1.  Olene Walker Housing Loan Fund (OWHLF)
Published:  07/01/2012
Effective:  08/31/2012



HEALTH
CHILDREN'S HEALTH INSURANCE PROGRAM
No. 36429  (NEW): R382-2.  Electronic Personal Medical Records for the 
Children's Health Insurance Program
Published:  07/15/2012
Effective:  09/01/2012


HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 36431  (NEW): R414-8.  Electronic Personal Medical Records for the 
Medicaid Program
Published:  07/15/2012
Effective:  09/01/2012



NATURAL RESOURCES
WATER RESOURCES
No. 36087  (AMD): R653-2-4.  Project Funding Process
Published:  05/15/2012
Effective:  08/22/2012

No. 36038  (REP): R653-8.  Flaming Gorge Water Right Assignment
Published:  05/01/2012
Effective:  08/22/2012


WILDLIFE RESOURCES
No. 36394  (AMD): R657-16.  Aquaculture and Fish Stocking
Published:  07/15/2012
Effective:  08/21/2012

No. 36393  (AMD): R657-41.  Conservation and Sportsman Permits
Published:  07/15/2012
Effective:  08/21/2012

No. 36397  (AMD): R657-57.  Division Variance Rule
Published:  07/15/2012
Effective:  08/21/2012

No. 36396  (AMD): R657-59.  Private Fish Ponds
Published:  07/15/2012
Effective:  08/21/2012



REGENTS (BOARD OF)
ADMINISTRATION
No. 36272  (REP): R765-607.  Utah Higher Education Tuition Assistance Program
Published:  06/15/2012
Effective:  08/28/2012



TAX COMMISSION
ADMINISTRATION
No. 36361  (AMD): R861-1A-26.  Procedures for Formal Adjudicative Proceedings 
Pursuant to Utah Code Ann. Sections 59-1-501 and 63G-4-204 through 63G-4-209
Published:  07/01/2012
Effective:  08/27/2012


AUDITING
No. 36362  (AMD): R865-21U-6.  Liability of Purchasers and Receipt For 
Payment to Retailers Pursuant to Utah Code Ann. Section 59-12-107
Published:  07/01/2012
Effective:  08/27/2012



TRANSPORTATION
OPERATIONS, MAINTENANCE
No. 36345  (NEW): R918-6.  Maintenance Responsibility at Intersections, 
Overcrossings, and Interchanges Between Class A Roads and Class B or Class C 
Roads
Published:  07/01/2012
Effective:  08/20/2012




7.  RULES INDEX

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


<<end of file>>
