Utah State Digest, Vol. 2012, No. 20 (October 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 September 15, 2012, 12:00 AM through October 1, 2012, 
11:59 PM


Volume 2012, No. 20
October 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 
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Utah state digest.
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1.  SPECIAL NOTICES

Notice for November 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/2012/20121015/sn153340.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 September 15, 2012, 12:00 a.m., and October 
1, 2012, 11:59 p.m. are summarized in this, the October 15, 2012, issue of 
the Utah State Digest.

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

From the end of the public comment period through February 12, 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.


COMMERCE
CONSUMER PROTECTION
No. 36903 (Amendment): R152-22-6. Application for Professional Fund Raiser, 
Fund Raising Counsel or Consultant Permit.
SUMMARY OF THE RULE OR CHANGE:  The amended rule allows for professional fund 
raisers that operate exclusively online to submit copies of contracts 
executed electronically instead of requiring hard copies of contracts they 
enter into with charitable organization.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The state budget will not be affected by allowing for 
the submission of contracts executed online.
- LOCAL GOVERNMENTS:  Local government will not be affected by allowing for 
the submission of contracts executed online.
- SMALL BUSINESSES:  Small businesses that engage in charitable fund raising 
online will be able to submit the electronic contracts executed online 
instead of producing hard copies of those contracts.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Persons or organizations that engage in charitable fund raising 
online will be able to submit the electronic contracts executed online 
instead of producing hard copies of those contracts.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Allowing for the submission of 
electronically executed contracts instead of requiring hard copies of 
contracts as a condition to licensure in the state should cut down on the 
compliance costs for affected persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  As stated in the rule analysis, the proposed amendment 
recognizes an electronic contract as satisfying the licensure requirements in 
circumstances where a fund raiser operates exclusively online.  No fiscal 
impact to businesses is anticipated from this filing.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Hendricks by phone at 801-530-6035, by FAX at 801-538-6001, or by 
Internet E-mail at ahendricks@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36903.htm

No. 36904 (Amendment): R152-23. Utah Health Spa Services.
SUMMARY OF THE RULE OR CHANGE:  References to members and memberships were 
changed to reference consumers of health spa services and the contractual 
obligations for health spa services permissible under the Health Spa Services 
Protection Act.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The state budget will not be affected by clarifying the 
consumers that are entitled to protection under the Health Spa Services 
Protection Act.
- LOCAL GOVERNMENTS:  Local government will not be affected by clarifying the 
consumers that are entitled to protection under the Health Spa Services 
Protection Act.
- SMALL BUSINESSES:  Health spas that qualify as small businesses will not be 
affected by clarifying the consumers that are entitled to protection under 
the Health Spa Services Protection Act.  The proof of insurance requirement 
will only affect small business health spas that have not or do not currently 
carry liability insurance.  It is doubtful that small businesses would engage 
in a risky enterprise such as health spa services without insuring against 
the risks associated with offering such services, so the Division anticipates 
that this requirement will affect very few, if any, health spas.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Consumers that enter into contracts for health spa services that 
are not the traditional gym membership arrangements will more clearly fall 
under the protection of the Health Spa Services Protection Act.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The proof of insurance requirement 
will impact affected persons that have not or do not currently carry 
liability insurance.  It is doubtful that businesses would engage in a risky 
enterprise such as health spa services without insuring against the risks 
associated with offering such services, so the Division anticipates that this 
requirement will not increase the compliance costs for affected persons.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  As stated in the rule analysis, the proposed amendments clarify 
existing rules as to the class of consumers protected by the Health Spa 
Services Protection Act and the specific acts that are required or prohibited 
in order to afford that protection.  The costs to businesses of obtaining 
liability insurance are anticipated to be minimal and are unavoidable if the 
protections contemplated by the statute are to be implemented.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Hendricks by phone at 801-530-6035, by FAX at 801-538-6001, or by 
Internet E-mail at ahendricks@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36904.htm

No. 36905 (Amendment): R152-34. Postsecondary Proprietary School Act Rules.
SUMMARY OF THE RULE OR CHANGE:  The licensing requirements and standards for 
establishing an exemption from the licensing requirements were amended and 
clarified.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The state budget will be impacted by the adjustments to 
the manner in which registration fees are calculated.  The nature of the 
impact cannot be fully known until the fee calculation amendments are in 
force and applied by postsecondary schools in future registrations.
- LOCAL GOVERNMENTS:  Local government will not be affected by the changes in 
licensing and exemption requirement amendments.
- SMALL BUSINESSES:  Small businesses that operate postsecondary proprietary 
schools will be required to meet the new licensing requirements for 
registration or the standards for establishing an exemption from the 
licensing requirements.  The intent and design of these amendments should 
clarify the process for these businesses and allow them to register or 
establish an exemption in a simpler, more streamlined process.  The fee 
calculations may raise or lower the registration fees for these businesses, 
depending on the amount of tuition they collect.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The interests of students and other consumers will be better 
protected by the requirements and prohibitions set forth in the amendments.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The fee calculations may raise or 
lower the registration fees for postsecondary proprietary schools, depending 
on the amount of tuition they collect.  The clarifications to the 
registration process and standards for establishing an exemption from 
registration should simplify the registration process for postsecondary 
proprietary schools.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  As stated in the rule analysis, the proposed amendments clarify 
the process by which a school may establish that it is exempt from the 
licensing requirement.  These amendments derive from statutory changes made 
in the 2012 General Session, S.B. 210.  It is not anticipated that this 
filing will have any fiscal impact to businesses beyond that considered by 
the Legislature in passing the bill.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Angela Hendricks by phone at 801-530-6035, by FAX at 801-538-6001, or by 
Internet E-mail at ahendricks@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36905.htm


OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 36858 (Amendment): R156-1-506. Supervision of Cosmetic Medical 
Procedures.
SUMMARY OF THE RULE OR CHANGE:  Section R156-1-506 is being added to further 
define, as specified in S.B. 40, the 80 hours of documented education and 
experience required under Subsection 58-1-506(2)(f)(iii) to maintain 
competence to perform nonablative cosmetic medical procedures.  In 
particular, the proposed amendments define the cardio-pulmonary resuscitation 
(CPR) certification requirement.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These proposed amendments are only a clarification of 
the statutory requirement and therefore the Division has determined the 
proposed amendments should not have a fiscal impact to the state budget 
beyond those already identified in the fiscal analysis of S.B. 40.
- LOCAL GOVERNMENTS:  The proposed amendments only apply to those professions 
and individuals who may perform nonablative cosmetic medical procedures.  As 
a result, the proposed amendments do not apply to local governments.
- SMALL BUSINESSES:  These proposed amendments are only a clarification of 
the statutory requirement and therefore the Division has determined the 
proposed amendments should not have a fiscal impact to small businesses 
beyond those already identified in the fiscal analysis of S.B. 40.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: These proposed amendments are only a clarification of the statutory 
requirement and therefore the Division has determined the proposed amendments 
should not have a fiscal impact to other persons beyond those already 
identified in the fiscal analysis of S.B. 40.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  These proposed amendments are only a 
clarification of the statutory requirement and therefore the Division has 
determined the proposed amendments should not have a fiscal impact to 
affected  persons beyond those already identified in the fiscal analysis of 
S.B. 40.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule filing further defines the education requirement for 
nonablative cosmetic medical procedures as required by statute.  No fiscal 
impact to businesses is anticipated.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- W. Ray Walker by phone at 801-530-6256, by FAX at 801-530-6511, or by 
Internet E-mail at raywalker@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36858.htm

No. 36901 (Amendment): R156-17b. Pharmacy Practice Act Rule.
SUMMARY OF THE RULE OR CHANGE:  The following rule amendments are made 
throughout Rule R156-17b: minor grammatical changes, updating of references, 
and renumbering of subsections.  Subsections R156-17b-102(5), (6), (13), 
(17), and (26) are added to define the terms: "centralized prescription 
filling;" "centralized prescription processing;" "medical device;" "durable 
medical equipment," as used in proposed amendments to Subsection R156-17b-
617(e); and "medical supplies," reflecting current operational definitions.  
Subsection R156-17b-617(41) clarifies that a supervisor is a pharmacist in 
good standing with the Division.  Subsection R156-17b-617(46) is updated to 
reflect the current edition of the United States Pharmacopeia-National 
Formulary (USP-NF) books.  Subsection R156-17b-105(4) is added to require the 
pharmacist-in-charge (PIC) and responsible party to establish an email 
address for use in self-audits and Division pharmacy alerts dissemination.  
Subsection R156-17b-302(5) updates and alphabetizes Class E Pharmacy 
designations, adding animal euthanasia and human clinical investigational 
drug research facility, reflective of H.B. 109 allowing the conduct of 
research with Schedule 1 controlled substances.  "Animal euthanasia agency" 
is defined in Subsection 58-17b-102(4) and the recommended amendment will 
enable the Division to issue the appropriate license.  Subsection R156-17b-
303a(3) clarifies pharmacy technician training program content and practical 
training hours requirements.  Subsections R156-17b-303a(3)(d), (3)(e)(i), and 
(3)(e)(ii) clarify pharmacy technician training and licensing time frames to 
eliminate confusion and ensure practice competency.  Subsection R156-17b-
303a(4)(d) provides the correct name of the examination currently in use.  
Section R156-17b-303b is renumbered for easier reference.  Subsection R156-
17b-303c(2) provides a remedy for pharmacy interns who fail either the North 
American Pharmacy Licensing Examination (NAPLEX) or Multistate Jurisprudence 
Examination (MPJE) twice.  Subsection R156-17b-303c(4)(a) clarifies the 
format and reflects current scoring for the Utah Pharmacy Technician Law and 
Rule Examination.  Section R156-17b-303d is renumbered for easier reference.  
Subsection R156-17b-304(2)(b) corrects the name of one of the required 
examinations.  Subsection R156-17b-304(3) clarifies the action to be taken 
when a temporary license expires due to an applicant's failure to pass either 
the NAPLEX or MPJE twice as noted in Subsection R156-17b-304(2)(b).  Section 
R156-17b-305 is renumbered for easier reference.  Section R156-17b-307 is 
added.  Subsection R156-17b-307(1) requires documentation of the owners and 
management of the pharmacy and the facility in which the pharmacy is located.  
Subsection R156-17b-307(2) identifies the key personnel involved in the 
operation of the applicant pharmacy for which background checks are required.  
In Section R156-17b-402, many of the administrative penalties were added or 
renumbered to properly organize and reflect by description and citation all 
added or renumbered rules and statutes identified in Subsection 58-17b-504(5) 
and in Subsection R156-37-502(50) is added to reflect an administrative 
penalty for failing to update the Division of an email address change that 
would be used for self-audits and pharmacy alerts as required in Section 
R156-17b-105 and defined as unprofessional conduct in Subsection R156-17b-
502(20).  Subsection R156-17b-502(12) updates the referenced rule to the 
correct rule.  Subsection R156-17b-502(22) defines an additional form of 
unprofessional conduct, failing to update the division of an email address 
change.  Subsection R156-17b-601(1)(k) clarifies prescription drug orders 
that a pharmacy technician may accept, removing the ambiguity of the phrase 
"telephonically or electronically submitted".  Subsection R156-17b-601(3) 
clarifies supervisory requirements for pharmacy technicians and pharmacy 
technicians-in-training.  Subsection R156-17b-603(1) clarifies the 
responsibilities of the PIC.  Subsection R156-17b-603(2) adds the requirement 
of a secure email address for self-audits and Division pharmacy alerts, and 
creates a time frame wherein establishment of an email address needs to be 
accomplished.  Subsection R156-17b-603(3) specifically delineates the duties 
of the PIC.  Subsection R156-17b-603(3)(u) adds Division notification of any 
change in the email address used for self-audits and pharmacy alerts as a 
duty of the pharmacist-in-charge.  Subsection R156-17b-612(13) clarifies that 
an actual physical address is needed for a valid prescription, not a post 
office box.  Subsection R156-17b-612(14) reflects statutory changes allowing 
the conduct of research with Schedule I controlled substances, pursuant to 
H.B. 109, Use of Controlled Substances in Research.  In Section R156-17B-613, 
the referenced statutes in the introductory paragraph to issuing 
prescriptions by electronic means are updated to reflect the correct 
references.  In Subsection R156-17b-614a(1)(c), the term "durable medical 
equipment" (DME) is added to reflect the real possibility that Class A and B 
pharmacies may provide DME with Class A and B pharmacy licenses.  There has 
been confusion in the industry, with many Class A and B pharmacies thinking 
they needed an additional Class E pharmacy license to dispense DME.  
Subsection R156-17b-614(4)(g) updates the references that must be available 
to facility personnel to include the Controlled Substance Database Act and 
Controlled Substance Database Act Rule.  Subsection R156-17b-614(16) 
clarifies pharmacy structural security requirements to prevent unauthorized 
entry into the pharmacy.  Also updated the Trissel's Handbook on Injectable 
Drugs to the 16th edition, dated 10/27/2010.  Section R156-17b-614e is added 
to update, streamline, and formalize a 1999 document, "Guidelines for 
Hospital Pharmacies" utilized by rural hospitals dispensing a short course of 
necessary medications to patients when a pharmacy was not open to fill their 
prescriptions.  The course of medication is changed from a three-day course 
to a seven-day course at the request of the Utah Coalition Against Sexual 
Assault and emergency department providers so that critical treatment for 
sexually transmitted infections could be started immediately and not 
interrupted over a long holiday weekend if pharmacies were not open and/or 
the medication was not immediately available for dispensing.  A patient 
receiving prescription medication during the critical treatment window is the 
most significant issue addressed in this section.  Subsection R156-17b-615(8) 
is deleted because the issue of background checks for key personnel is 
addressed in Section R156-17b-307.  Subsection R156-17b-615(21) is added to 
clarify that a Class C pharmacy and any other classification of pharmacy may 
not be located at the same address.  This is included, in part, in an attempt 
to prohibit the purchasing of critical, short-supply, in-demand emergency 
medications by one pharmacy and that same pharmacy selling those medications 
at a greatly increased cost to an affiliated pharmacy for further 
distribution, e.g., the gray market or parallel market.  Emergency 
Departments and EMS in the state of Utah are now resorting to using emergency 
medications beyond the expiration date because they simply cannot purchase 
new medications due to lack of availability, a nationwide problem.  The gray 
market fuels this shortage of critical medications.  This section also has 
significant renumbering of subsections.  Section R156-17b-617 is changed to 
Section R156-17b-617a because the category of Class E pharmacy was broadened 
to include specific types of Class E pharmacies and their operating 
standards, all under Section R156-17b-617.  Section R156-17b-617a became the 
introductory paragraph requiring a written pharmacy care protocol for all 
Class E pharmacies.  Section R156-17b-617b is added to define basic operating 
standards for the analytical laboratory, a Class E pharmacy.  Section R156-
17b-617c is added to define basic operating standards for an animal 
euthanasia facility, a Class E pharmacy.  Section R156-17b-617d is added to 
define basic operating standards for a durable medical equipment facility.  
This designation is helpful for pharmacies engaged in the competitive bidding 
process for Medicare contracts.  Subsection R156-17b-617d(2) clarifies that a 
licensed practitioner is exempt from licensure as a Class E pharmacy when 
administering DME to a patient or animal.  Section R156-17b-617e is added to 
define basic operating standards for a human clinical investigational drug 
research facility and pursuant to H.B. 109.  This designation was requested 
by the industry to facilitate research activities and acquisition of a Drug 
Enforcement Administration (DEA) license for Schedule I controlled 
substances.  Section R156-17b-617f is added to define basic operating 
standards for the medical gas facility, a Class E pharmacy.  Subsection R156-
17b-618(1)(a) adds a change in "name" to the list of changes requiring a 
pharmacy to make application for a new license and receive approval from the 
Division prior to the proposed change.  This requirement will prevent the 
licensing of multiple pharmacies with the same name and allow the Division to 
monitor pharmacies undergoing frequent name changes in short periods of time.  
Subsection R156-17b-618(1)(b) includes a change in "name" to the list of 
changes that must be approved prior to issuance of a new license and 
surrender of the old license.  In Subsection R156-17b-618(2)(a), dealing with 
a name change without application for a new license, is deleted.  Subsection 
R156-17b-621(4) adds the "Vaccine Administration Protocol: Standing Order to 
Administer Immunizations and Emergency Medications" as the guideline or 
standard for pharmacist administration of vaccines and emergency medications.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Division will incur minimal costs of approximately 
$100 to print and distribute the rule once the proposed amendments are made 
effective.  Any costs incurred will be absorbed in the Division's current 
budget.  The Division may reduce mailing expenditures by emailing pharmacy 
alerts and notifications instead of mailing alerts and notifications to 
licensed pharmacies.  However, an exact amount of potential savings to the 
Division's budget cannot be determined.  The Division is also required to 
purchase two copies of the current edition of the USP-NF books at an annual 
renewal cost of approximately $1,800.
- LOCAL GOVERNMENTS:  The proposed amendments only apply to licensed 
pharmacists, pharmacies, pharmacy technicians and pharmacy interns 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 
pharmacists, pharmacies, pharmacy technicians, and pharmacy interns and 
applicants for licensure in those classifications.  Pharmacies meeting the 
requirements of the new classifications of Class E pharmacies will be 
required to apply for licensure with the Division as required, in part, by 
H.B. 109.  However, many of those pharmacies that will have to apply are 
either currently licensed as or are applying for a different classification 
of pharmacy.  The proposed amendments may enable small businesses to attract 
research opportunities to utilize Schedule I controlled substances in 
research.  The proposed amendments require a new application for a pharmacy 
name change, which is a cost of $100 - $200, depending on the need of the 
pharmacy. However, most pharmacies seldom change their names.  The proposed 
amendments may increase revenues for pharmacies that utilize pharmacists for 
the administration of vaccines.  These amounts cannot be reasonably estimated 
by the Division.  Licensed pharmacies who may qualify as a small business 
will also need to maintain the current edition of the USP-NF books at an 
annual renewal cost of approximately $900.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The proposed amendments only apply to licensed pharmacists, 
pharmacies, pharmacy technicians, and pharmacy interns and applicants for 
licensure in those classifications.  Pharmacies meeting the requirements of 
the new classifications of Class E pharmacies will be required to apply for 
licensure with the Division as required, in part, by H.B. 109.  However, many 
of those pharmacies that will have to apply are either currently licensed as 
or are applying for a different classification of pharmacy.  The proposed 
amendments may enable  businesses to attract research opportunities to 
utilize Schedule I controlled substances in research.  The proposed 
amendments require a new application for a pharmacy name change, which is a 
cost of $100 - $200, depending on the need of the pharmacy.  However, most 
pharmacies seldom change their names.  The proposed amendments may increase 
revenues for pharmacies that utilize pharmacists for the administration of 
vaccines.  These amounts cannot be reasonably estimated by the Division.  
Licensed pharmacies will also need to maintain the current edition of the 
USP-NF books at an annual renewal cost of approximately $900.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The proposed amendments only apply to 
licensed pharmacists, pharmacies, pharmacy technicians, and pharmacy interns 
and applicants for licensure in those classifications.  Pharmacies meeting 
the requirements of the new classifications of Class E pharmacies will be 
required to apply for licensure with the Division as required, in part, by 
H.B. 109.  However, many of those pharmacies that will have to apply are 
either currently licensed as or are applying for a different classification 
of pharmacy.  The proposed amendments may enable  businesses to attract 
research opportunities to utilize Schedule I controlled substances in 
research.  The proposed amendments require a new application for a pharmacy 
name change, which is a cost of $100 - $200, depending on the need of the 
pharmacy.  However, most pharmacies seldom change their names.  The proposed 
amendments may increase revenues for pharmacies that utilize pharmacists for 
the administration of vaccines.  These amounts cannot be reasonably estimated 
by the Division.  Licensed pharmacies will also need to maintain the current 
edition of the USP-NF books at an annual renewal cost of approximately $900.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This comprehensive rule filing implements H.B. 109 passed in the 
2012 General Session regarding DOPL granting licenses for research on 
Schedule I controlled substances, clarifies definitions, removes duplicative 
language, and updates references.  It also clarifies existing standards and 
adopts new ones, such as establishing operating standards for different types 
of pharmacies, standards for dispensing short courses of necessary 
medications, administering vaccines, etc.  No fiscal impact is expected from 
new provisions relating to research on Schedule I controlled substances, 
which impact was addressed in the passage of H.B. 109.  Likewise, no impact 
is expected from the technical corrections.  However, there may be a slight 
cost to licensees and applicants based on the new standards the Division has 
adopted.  That cost is not clear, nor is it clear how businesses will be 
financially impacted.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Debra Hobbins by phone at 801-530-6789, by FAX at 801-530-6511, or by 
Internet E-mail at dhobbins@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 10/23/2012 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 
(fourth floor), Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36901.htm

No. 36873 (Amendment): R156-37-402. Continuing Professional Education for 
Controlled Substance Prescribers.
SUMMARY OF THE RULE OR CHANGE:  Section R156-37-402 is being added to the 
rule to further define, as specified in S.B. 127, the educational content and 
requirements for controlled substance prescriber classes.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  These proposed amendments are only a clarification of 
the statutory requirement and therefore, the Division has determined the 
proposed amendments should not have a fiscal impact to the state budget 
beyond those already identified in the fiscal analysis of S.B. 127.
- LOCAL GOVERNMENTS:  The proposed amendments are only a clarification of the 
statutory requirement and therefore, the Division has determined the proposed 
amendments should not have a fiscal impact to local governments beyond those 
already identified in the fiscal analysis of S.B. 127.
- SMALL BUSINESSES:  These proposed amendments are only a clarification of 
the statutory requirement and therefore, the Division has determined the 
proposed amendments should not have a fiscal impact to small businesses 
beyond those already identified in the fiscal analysis of S.B. 127.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: These proposed amendments are only a clarification of the statutory 
requirement and therefore, the Division has determined the proposed 
amendments should not have a fiscal impact to other persons beyond those 
already identified in the fiscal analysis of S.B. 127.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  These proposed amendments are only a 
clarification of the statutory requirement and therefore, the Division has 
determined the proposed amendments should not have a fiscal impact to 
affected persons beyond those already identified in the fiscal analysis of 
S.B. 127.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule filing clarifies the continuing professional education 
requirement.  Therefore, no fiscal impact to businesses is anticipated.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Noel Taxin by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet 
E-mail at ntaxin@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 11/08/2012 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475 
(fourth floor), Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36873.htm

No. 36892 (Amendment): R156-40. Recreational Therapy Practice Act Rule.
SUMMARY OF THE RULE OR CHANGE:  Statute and rule citations are updated 
throughout the rule, as well as minor wording changes throughout the rule.  
In Section R156-40-102, definitions for "approved graduate degree", "approved 
emphasis, option, or concentration in therapeutic recreation or recreational 
therapy" and "written plan of operation" are added to the rule.  Other minor 
wording changes are made throughout this section.  In Section R156-40-302a, 
minor amendments relating to master therapeutic recreation specialist (MTRS), 
therapeutic recreation specialist (TRS) and therapeutic recreation technician 
(TRT) educational requirements are made in this section.  In Section R156-40-
302b, experience requirements for a TRT were increased to 20 hours of direct 
supervision.  Experience requirements are further clarified throughout this 
section to support the new statute language.  In Section R156-40-302c, 
amendments are being proposed to clarify the examination requirements for a 
TRT license.  In Section R156-40-302e, proposed amendments add that a 
supervisor is required to sign a patient chart and observe the TRT services.  
In Section R156-40-302f, proposed amendments clarify that a temporary license 
cannot be issued for a period to exceed 120 days to allow an applicant to 
pass the required examinations.  In Section R156-40-304, continuing education 
is being added to clarify and establish the criteria for licensees to obtain 
continuing education which is now required due to the recent statute 
amendments.  In Section R156-40-502, unprofessional conduct is being added to 
define additional categories of unprofessional conduct that are applicable to 
recreational therapy licensees.
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 MTRS, 
TRS, and TRTs 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 MTRS, 
TRS, and TRTs and applicants for licensure in those  classifications.  The 
proposed amendments may affect some businesses that hire TRTs in that they 
may need to adjust the TRT hire date until the person has completed the 
education, experience, and examination requirements.  However, no fiscal 
impact is anticipated beyond those considered by the Legislature in passing 
S.B. 53.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The proposed amendments only apply to licensed MTRS, TRS, and TRTs 
and applicants for licensure in those classifications.  The proposed 
amendments being added to clarify continuing education requirements for 
recreational therapy licensees are only as a result of statute amendments to 
Title 58, Chapter 40.  The Division also anticipates that TRT employers may 
see some increased costs relating to supervision expenses.  However, no 
fiscal impact to other persons or licensees is anticipated beyond those 
considered by the Legislature in passing S.B. 53.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The proposed amendments only apply to 
licensed MTRS, TRS, and TRTs and applicants for licensure in those 
classifications.  The proposed amendments being added to clarify continuing 
education requirements for recreational therapy licensees are only as a 
result of statute amendments to Title 58, Chapter 40.  The Division also 
anticipates that TRT employers may see some increased costs relating to 
supervision expenses.  However, no fiscal impact to other persons or 
licensees is anticipated beyond those considered by the Legislature in 
passing S.B. 53.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule filing implements statutory amendments resulting from 
the passage of S.B. 53, including clarification of criteria for licensure 
such as continuing education requirements; it also makes minor technical 
changes.  No fiscal impact to businesses is anticipated beyond those 
considered by the Legislature in passing S.B. 53.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Noel Taxin by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet 
E-mail at ntaxin@utah.gov
INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE:
- 10/15/2012 09:00 AM, Heber Wells Bldg, 160 E 300 S, conference room 474 
(fourth floor), Salt Lake City, UT
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36892.htm



GOVERNOR
ECONOMIC DEVELOPMENT
No. 36860 (New Rule): R357-7. Utah Capital Investment Board.
SUMMARY OF THE RULE OR CHANGE:  This proposed rule establishes the manner by 
which the Utah Capital Investment Board conducts its affairs.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Process and necessary staff are already in place for the 
Board to conduct its affairs.
- LOCAL GOVERNMENTS:  Local government is not involved in the Board issuing 
tax credits.
- SMALL BUSINESSES:  Small businesses eligible for the tax credits will not 
be affected by the rule in the application process.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Other applicants for the tax credits will not be affected by the 
rule in the application process.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  No new compliance costs in 
application process, as process is already established in policy and 
practice.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  No new fiscal impact as application and approval process is 
already established in policy and practice.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Zachary Derr by phone at 801-538-8746, by FAX at 801-538-8888, or by 
Internet E-mail at zderr@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36860.htm

No. 36855 (New Rule): R357-9. Alternative Energy Development Tax Incentives.
SUMMARY OF THE RULE OR CHANGE:  Establishing the standards an alternative 
energy entity shall meet to qualify for a tax credit.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Tax credit program has been in place since 2008.  This 
amendment does not significantly affect the administration of the program.
- LOCAL GOVERNMENTS:  The local government approval process is similar to the 
process already in place since 2008 and the new rule will not affect local 
government with their involvement.
- SMALL BUSINESSES:  Application process will be similar to process in place 
since 2008, so no new costs will be imposed by the rule.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: No other persons will be affected, application and approval process 
will be similar to process effective since 2008.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no application fee and there 
will be no compliance costs.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  None.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Zachary Derr by phone at 801-538-8746, by FAX at 801-538-8888, or by 
Internet E-mail at zderr@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36855.htm



HEALTH
ADMINISTRATION
No. 36843 (New Rule): R380-42. Open and Public Meetings Act Electronic 
Meetings.
SUMMARY OF THE RULE OR CHANGE:  This rule establishes procedures for 
conducting electronic meetings.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Using electronic meetings should be budget neutral or 
generate small savings for state participants.
- LOCAL GOVERNMENTS:  Using electronic meetings should be budget neutral or 
generate small savings for local government participants.
- SMALL BUSINESSES:  Using electronic meetings has the potential to make it 
easier and less expensive for the public to participate in these meetings.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Using electronic meetings has the potential to make it easier and 
less expensive for the public to participate in these meetings.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Using electronic meetings has the 
potential to make it easier and less expensive for the public to participate 
in these meetings.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  Using electronic meetings has the potential to make it easier 
and less expensive for the public to participate in these meetings.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 12/03/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Doug Springmeyer by phone at 801-538-6971, by FAX at 801-538-6306, or by 
Internet E-mail at dspringm@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  12/10/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36843.htm


DISEASE CONTROL AND PREVENTION, EPIDEMIOLOGY
No. 36853 (Amendment): R386-705. Epidemiology, Health Care Associated 
Infection.
SUMMARY OF THE RULE OR CHANGE:  The rule change:  1) replaces healthcare 
associated infection reporting requirements with data sharing requirements 
for healthcare associated infection data reported by facilities to NHSN; 2) 
enables facilities that report HCW influenza vaccination data to NHSN to 
share that data with the UDOH in order to meet the HCW influenza vaccination 
reporting requirement; and 3) updates the definition of HCW to be consistent 
with the CDC definition.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  Bureau of Epidemiology staff assigned to this program 
conduct periodic statewide analyses of Central Line Associated Blood Stream 
Infection (CLABSI) and HCW data as part of existing duties.  UDOH has 
received $100,000 for H.B. 55 mandated activities, including annual reporting 
and validation of mandated CMS healthcare associated infections.  Efforts to 
improve rates of HAI (once baseline rates have been established) will in the 
long run benefit all Utah patients, including Medicaid recipients, and reduce 
the costs associated with excess healthcare expenditures.  Analysis of the 
data will be achieved electronically.  Reports sent to facilities will be a 
combination of electronic and printed materials.  Printed materials are 
expected to cost about $200 for printing materials, excluding personnel time.
- LOCAL GOVERNMENTS:  If a local government owns a healthcare facility, this 
may have an indirect impact on the subsidy they are providing to that 
facility.  Currently, there are only a few that fall in this category, and 
these are rural.  The incidence of these types of events in rural facilities 
tends to be low due to the low number of hospitals, type of patient care 
provided, and patient days.  Costs are expected to be minimal for facilities 
owned by local governments to authorize UDOH to access data entered into 
NHSN; costs will be related to personnel time for facilities to access the 
NHSN system and accept a template for reporting different data elements that 
UDOH provides for data sharing.  There may be some initial costs for facility 
staff to learn NHSN's reporting system and requirements if they are just 
beginning to report to NHSN.  It is expected there may be savings as compared 
to current Rule requirements for HAIs since facilities will be sharing data 
already reported to NHSN;  however, costs of data sharing and validation 
related to new UDOH requirements are anticipated to be about the same as 
reporting costs related to the current rule.
- SMALL BUSINESSES:  Costs are expected to be minimal for facilities to 
authorize UDOH to access data entered into NHSN; costs will be related to 
personnel time for facilities to access the NHSN system and accept a template 
for reporting different data elements that UDOH provides for data sharing.  
There may be some initial costs for facility staff to learn NHSN's reporting 
system and requirements if they are just beginning to report to NHSN.  It is 
expected there may be savings as compared to current rule requirements for 
health care associated infections since facilities will be sharing data 
already reported to NHSN; however, costs of data sharing and validation 
related to new UDOH requirements are anticipated to be about the same as 
reporting costs related to the current rule.  Two licensed hospitals in Utah 
that are required to report HCW influenza vaccination rates have less than 50 
employees on their payroll.  While more employee types may be included in the 
revised HCW definition, expected costs to small business continue to be 
approximately seven minutes to report data into the state reporting system 
(Utah Facility Online Reporting System or UFORS), or $2.45 (7 minutes x $35 
hour) per year, per report.  Expected costs for gathering HCW influenza 
vaccination data are difficult to determine since each facility gathers data 
differently over different time frames; additional costs related to the HCW 
definition change are expected to be minimal, but are difficult to 
approximate.  Expected costs for facilities to report HCW influenza 
vaccination data by sharing data through NHSN with UDOH are difficult to 
determine as reporting HCW influenza vaccination data will not be a 
requirement for facilities until January 2013, but are expected to be minimal 
and similar to costs associated with sharing data through NHSN for a HAI.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Costs are expected to be minimal for facilities to authorize UDOH 
to access data entered into NHSN; costs will be related to personnel time for 
facilities to access the NHSN system and accept a template for reporting 
different data elements that UDOH provides for data sharing.  There may be 
some initial costs for facility staff to learn NHSN's reporting system and 
requirements if they are just beginning to report to NHSN.  It is expected 
there may be savings as compared to current rule requirements for health care 
associated infections since facilities will be sharing data already reported 
to NHSN; however, costs of data sharing and validation related to new UDOH 
requirements are anticipated to be about the same as reporting costs related 
to the current rule.  There are 60 licensed hospitals in Utah required to 
report HCW influenza vaccination data.  While more employee types may be 
included in the revised HCW definition, expected costs to for facilities 
continue to be approximately seven minutes to report data into the state 
reporting system (Utah Facility Online Reporting System or UFORS), or $2.45 
(7 minutes x $35 hour) per year, per report.  Expected costs for gathering 
HCW influenza vaccination data are difficult to determine since each facility 
gathers data differently over different time frames; additional costs related 
to the HCW definition change are expected to be minimal, but are difficult to 
approximate.  Expected costs for facilities to report HCW influenza 
vaccination data by sharing data through NHSN with UDOH are difficult to 
determine as reporting HCW influenza vaccination data will not be a 
requirement for facilities until January 2013, but are expected to be minimal 
and similar to costs associated with sharing data through NHSN for a 
healthcare associated infection.  Patients will not initially be affected by 
the reporting requirement, but should benefit from the reporting 
implementation.  As statewide interventions are in place, benefits from 
reductions in healthcare associated infection rates, improvements in patient 
safety, reduction in mortality and morbidity, and  reduction in expenses 
associated with HAIs will be achieved.  Projected savings include a decrease 
in length of stay and improved employee productivity as infections are 
reduced due to statewide surveillance and implementation of science-based 
interventions.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  As noted above, compliance costs are 
expected to be minimal for facilities to authorize UDOH to access data 
entered into NHSN; costs will be related to personnel time for facilities to 
access the NHSN system and accept a template for reporting different data 
elements that UDOH provides for data sharing.  It is expected there may be 
savings as compared to current rule requirements for HAIs since facilities 
will be sharing data already reported to NHSN; however, costs of data sharing 
and validation related to new UDOH requirements are anticipated to be about 
the same as reporting costs related to the current rule.  Reporting HCW 
influenza vaccination data to UFORS is estimated to take seven minutes per 
report, or $2.45 per annual report.  It is not possible to approximate costs 
of gathering HCW influenza vaccination data for a single facility since there 
is a range of methods used by different facilities.  Expected costs for a 
facility to report HCW influenza vaccination data by sharing data through 
NHSN with UDOH are difficult to determine as reporting HCW influenza 
vaccination data will not be a requirement until January 2013; costs of 
establishing data sharing with UDOH are expected to be minimal and similar to 
costs associated with sharing data through NHSN for a HAI.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The current rule on HAI with local reporting requirements will 
change.  The proposal is to allow facilities to comply by granting to health 
department personnel access to national data that facilities are required to 
report by federal rules.  Overall this should be a savings to facilities and 
a reduction in regulatory impact.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Melissa Stevens Dimond by phone at 801-538-6810, by FAX at 801-538-9923, or 
by Internet E-mail at melissastevens@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36853.htm


HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 36871 (Amendment): R414-1-5. Incorporations by Reference.
SUMMARY OF THE RULE OR CHANGE:  Section R414-1-5 is changed to update the 
incorporation of the State Plan by reference to 10/01/2012, which includes 
any approved State Plan Amendments (SPAs).  SPAs that became effective during 
the third quarter of Calendar Year 2012 include SPA 11-014-UT, Pharmacy 
Services, which simplifies the over-the-counter prescribed drug list and 
incorporates an interim replacement for the average wholesale price of 
prescription drugs; SPA 12-002-UT, Reimbursement for Physician and Anesthesia 
Services, which updates the frequency of rebasing for physician and 
anesthesia services as well as clarifies the methodology for making 
supplemental payments for physicians employed by the University of Utah 
Medical Group.  SPA 12-003-UT, Quality Improvement Incentive; which updates 
and continues quality incentive programs for nursing facilities and 
intermediate care facilities for persons with intellectual disabilities in 
future state fiscal years and makes other clarifications.  SPA 12-004-UT, 
Medical Education Payments, which updates the direct graduate medical 
education payment pool for 2013 and  rewords the payment amount and time 
period for the payment pool so the Department does not have to update it each 
year; SPA 12-006-UT, Federally Qualified Health Centers, which clarifies that 
a federally qualified health center must calculate only covered beneficiary 
charges when it calculates the ratio of beneficiary charges to total charges 
applied to allowable cost as part of its agreement with the federal 
government; SPA 12-007-UT, Dental Services, which provides limited emergency 
dental services to non-pregnant clients and to non-EPSDT clients; SPA 12-009-
UT, Disproportionate Share Hospital Payments, which allows non-government 
hospitals that have the support of a government entity (e.g., special 
services district, county government) for the non-federal match dollars to 
participate in disproportionate share hospital payments; and SPA 12-012-UT, 
Reimbursement for Home Health Services, which changes the effective date of 
home health rates from 07/01/2007 to 07/01/2012.  This rule change also 
incorporates by reference the Medical Supplies Manual and List and the 
hospital services provider manual, effective 10/01/2012; incorporates by 
reference both the definitions and the attachment for the Private Duty 
Nursing Acuity Grid found in the Home Health Agencies Provider Manual, 
effective 10/01/2012; incorporates by reference the Speech-Language Services 
Provider Manual, effective 10/01/2012; incorporates by reference the 
Audiology Services Provider Manual, effective 10/01/2012; incorporates by 
reference the Hospice Care Provider Manual, effective 10/01/2012; 
incorporates by reference the Long Term Care Services in Nursing Facilities 
Provider Manual, with its attachments, effective 10/01/2012; incorporates by 
reference the Utah Home and Community-Based Waiver Services for Individuals 
65 or Older Provider Manual, effective 10/01/2012; incorporates by reference 
the Personal Care Provider Manual, with its attachments, effective 
10/01/2012; incorporates by reference the Utah Home and Community-Based 
Waiver Services for Individuals with Acquired Brain Injury Age 18 and Older 
Provider Manual, effective 10/01/2012; incorporates by reference the Utah 
Home and Community-Based Waiver Services for Individuals with Intellectual 
Disabilities or Other Related Conditions Provider Manual, effective 
10/01/2012; incorporates by reference the Utah Home and Community-Based 
Waiver Services for Individuals with Physical Disabilities Provider Manual, 
effective 10/01/2012; incorporates by reference the Utah Home and Community-
Based Waiver Services New Choices Waiver Provider Manual, effective 
10/01/2012; incorporates by reference the Utah Home and Community-Based 
Waiver Services for Technology Dependent, Medically Fragile Individuals 
Provider Manual, effective 10/01/2012; the Office of Inspector General 
Administrative Hearings Procedures Manual, effective 10/01/2012; and the 
Pharmacy Services Provider Manual with its attachments, effective 10/01/2012.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no budget impact because this change only 
fulfills the requirement to incorporate the State Plan by reference.  
Implementation of the State Plan is within legislative budget allotments.  
Further, the rule's incorporation of ongoing Medicaid policy described in the 
provider manuals does not create costs or savings to the Department or other 
state agencies.
- LOCAL GOVERNMENTS:  There is no budget impact because this change only 
fulfills the requirement to incorporate the State Plan by reference.  
Implementation of the State Plan is within legislative budget allotments.  
Further, the rule's incorporation of ongoing Medicaid policy described in the 
provider manuals does not create costs or savings to local governments.
- SMALL BUSINESSES:  There is no budget impact because this change only 
fulfills the requirement to incorporate the State Plan by reference.  
Implementation of the State Plan is within legislative budget allotments.  
Further, the rule's incorporation of ongoing Medicaid policy described in the 
provider manuals does not create costs or savings to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no budget impact because this change only fulfills the 
requirement to incorporate the State Plan by reference.  Implementation of 
the State Plan is within legislative budget allotments.  Further, the rule's 
incorporation of ongoing Medicaid policy described in the provider manuals 
does not create costs or savings to other persons or entities.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs because 
this change only fulfills the requirement to incorporate the State Plan by 
reference.  Implementation of the State Plan is within legislative budget 
allotments.  Further, the rule's incorporation of ongoing Medicaid policy 
described in the provider manuals does not create costs or savings to a 
single Medicaid recipient or provider.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This rule should not have a direct fiscal impact on business.  
Incorporation of the State Plan by this rule assures that the Medicaid 
program is implemented through administrative rule.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36871.htm

No. 36872 (Amendment): R414-301. Medicaid General Provisions.
SUMMARY OF THE RULE OR CHANGE:  This amendment removes the list of different 
categories of Medicaid coverage groups and refers to these categories more 
generally.  It also adds and updates definitions and certain provisions 
throughout the rule text.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The Department does not anticipate any impact to the 
state budget because these changes only clarify and update certain provisions 
within the rule.
- LOCAL GOVERNMENTS:  There is no impact to local governments because they 
neither determine Medicaid eligibility nor fund Medicaid programs.
- SMALL BUSINESSES:  The Department does not anticipate any impact to small 
businesses because these changes only clarify and update certain provisions 
within the rule.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The Department does not anticipate any impact to Medicaid providers 
and to Medicaid recipients because these changes only clarify and update 
certain provisions within the rule.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The Department does not anticipate 
any impact to a single Medicaid provider or to a Medicaid recipient because 
these changes only clarify and update certain provisions within the rule.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  These changes should have no fiscal impact on providers.  
Updating and simplifying definitions and implementation standards may ease 
compliance costs.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by 
Internet E-mail at cdevashrayee@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  12/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36872.htm


FAMILY HEALTH AND PREPAREDNESS, LICENSING
No. 36879 (Repeal and Reenact): R432-35. Background Screening.
SUMMARY OF THE RULE OR CHANGE:  Changes to the rule include:  a clearance 
will now be issued for the employee and is no longer attached to just one 
facility.  In the past a  clearance was required for each facility or agency 
that the employee worked for.  The new screening process includes a wrap-back 
system that will automatically notify the department if a new arrest or 
conviction happens instead of waiting for a two-year renewal check.  In the 
current system, only direct care staff are screened for background issues.  
The new rule requires that all employees that have direct patient access be 
screened, which includes employees that have access to patient medical and 
financial records.  All employees requiring a clearance will be required to 
submit fingerprints to check against the federal data base.  Previously, 
fingerprints had been required only for people who had lived outside of Utah 
in the past five years.  Several new non-criminal records systems will be 
checked before clearance is issued, such as Occupational and Professional 
Licensing and the Federal Office of the Inspector General list of excluded 
individuals.  Rule changes were developed with input from major provider 
associations, including Utah Health Care, Utah Home Care and the Utah 
Assisted Living associations.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  The federal grant money will be utilized to get the new 
process developed and implemented.  After that the fees from the providers 
will be used to maintain the system and data base.  There will be no fiscal 
impact for state government.
- LOCAL GOVERNMENTS:  This rule change will have no fiscal impact on local 
governments because they do not do background screening.
- SMALL BUSINESSES:  There will be an up-front cost to get all health 
employees fingerprinted during the first facility renewal.  This cost has 
been subsidized by 42% using federal grant monies.  With this subsidy, the 
change is estimated to be approximately $68,000 to small health care 
businesses in the next 2 years.  There are approximately 100 small businesses 
affected.  However, the amendment will decrease the long-term costs to the 
small businesses by stopping duplication of efforts for background screening.  
Once employees are cleared, they will not be required to resubmit finger 
prints.  Many new hires will have been cleared already by other facilities so 
no new fees will be required upon hire of those cleared employees.  The 
ongoing costs are estimated to be neutral.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There will be an up-front cost to get all health employees 
fingerprinted during the first facility renewal.  This cost has been 
subsidized by 42% using federal grant monies.  With this subsidy, the change 
is estimated to be approximately $425,000 to health care businesses in the 
next 2 years.  There are approximately 380 health care businesses affected.  
However, the amendment will decrease the long-term costs by stopping 
duplication of efforts for background screening.  Once employees are cleared, 
they will not be required to resubmit finger prints.  Many new hires will 
have been cleared already by other facilities so no new fees will be required 
upon hire of those cleared employees.  The ongoing costs are estimated to be 
neutral.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Some health care businesses may pass 
the initial cost of the rule requirement for fingerprints on to the 
employees.  Individuals that get hired as new health care employees may have 
in increase of cost for fingerprinting for the first time, of $36.50.  
However, this rule amendment will decrease the long-term costs to the 
affected persons by not requiring duplication of background screening 
processes with job changes.  Once an individual is cleared, they will not be 
required to resubmit finger prints.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  This new background screening process will better protect 
vulnerable residents.  The one-time cost to business to obtain fingerprints 
on all employees will have a cost, but impacted providers have been involved 
in the development.  Any negative comments will be carefully evaluated to 
minimize unnecessary regulatory burden.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Carmen Richins by phone at 801-538-9087, by FAX at 801-538-6024, or by 
Internet E-mail at carmenrichins@utah.gov
- Joel Hoffman by phone at 801-538-6279, by FAX at 801-538-6024, or by 
Internet E-mail at jhoffman@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36879.htm



HOUSING CORPORATION (UTAH)
ADMINISTRATION
No. 36782 (Amendment): R460-2. Definitions of Terms Used Throughout R460.
SUMMARY OF THE RULE OR CHANGE:  Section R460-2-2 changes include:  1) update 
reference to the Utah Code to coincide with changes made in the 2012 General 
Session; 2) add language to the definition of "major life activities" as 
required by the Americans with Disabilities Act of 1990, 42 USC 12102, as 
amended; 3) clarify appropriate contacts and eliminate obsolete definitions; 
and 4) add clarifying language to certain definitions to reflect all parties 
who may be affected by Utah Housing Corporation's (UHC) rules.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget because Subsection 35A-8-702(3)(b) states the UHC is a "financially 
independent body" and therefore, receives no state appropriation.  
Furthermore, the changes made to this rule are merely clarifying in nature 
and do not entail any additional requirements.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to any local 
government because changes made to this rule are simply clarifying in nature.
- SMALL BUSINESSES:  There is no cost or savings to any small businesses 
because the changes made to this rule are merely clarifying in nature.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no cost or savings to other persons because the changes 
made to this rule are merely clarifying in nature.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no anticipated additional 
compliance costs (in addition to existing compliance costs) for persons 
affected by this rule.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no demonstrable savings or expenditures on business 
from this rule.  However, the greater clarity which has been added will 
enable UHC and its stakeholders to more easily articulate the defined terms 
as laid out in this rule.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jonathan Hanks by phone at 801-902-8221, by FAX at 801-902-8321, or by 
Internet E-mail at jhanks@uthc.org
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36782.htm

No. 36781 (Amendment): R460-4. Additional Servicing Rules.
SUMMARY OF THE RULE OR CHANGE:  Section R460-4-1 is being eliminated (and 
subsequently reserved for later use) reflecting the fact that UHC services 
100% of mortgage loans it purchases and does not contract with any other 
entity to service its mortgage loans.  Section R460-4-2 is being eliminated 
in its entirety reflecting the fact that UHC services 100% of mortgage loans 
it purchases and does not contract with any other entity to service its 
mortgage loans.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget because Subsection 35A-8-702(3)(b) states that UHC is a "financially 
independent body" and therefore, receives no state appropriation.  
Furthermore, the changes made to this rule are merely clarifying in nature 
and do not entail any additional requirements.
- LOCAL GOVERNMENTS:  There is no cost or savings to any local government 
because changes made to this rule are merely eliminating obsolete practices.
- SMALL BUSINESSES:  There is no cost or savings to any small businesses 
because the changes made to this rule are merely eliminating obsolete 
practices.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no cost or savings to any person because the changes made 
to this rule are merely eliminating obsolete practices.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no anticipated additional 
compliance costs (in addition to existing compliance costs) for persons 
affected by this rule.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be no fiscal impact on businesses from the 
implementation of the changes to this rule.  The changes simply eliminate 
business practices in which UHC has not been involved for a number of years.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jonathan Hanks by phone at 801-902-8221, by FAX at 801-902-8321, or by 
Internet E-mail at jhanks@uthc.org
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36781.htm

No. 36783 (Amendment): R460-5. Termination of Eligibility to Participate in 
Programs.
SUMMARY OF THE RULE OR CHANGE:  Section R460-5-1 changes include the 
elimination of Subsection R460-5-1(3) which required a lender to maintain 
itself as an eligible servicer.  This reflects that UHC services 100% of the 
loans it funds and currently does not use any external entities to service 
its mortgage loans.  Section R460-5-2 is stricken in its entirety and 
reserved for future use because UHC services 100% of its loans, eliminating 
the need for any third-party entity to act as a Servicer on UHC's behalf.  
Section R460-5-3 changes include:  1) elimination of a reference to an 
"interest rate buydown," a product which UHC no longer offers; 2) addition of 
language to clarify that a participant considered "not in good standing" (as 
defined in UHC's annually updated Qualified Allocation Plan - not a part of 
the Administrative Rules) may have its eligibility to participate terminated 
for such standing; 3) minor wording clarifications; 4) addition of language 
to allow the president of UHC to designate other UHC officers to suspend a 
participant for causes laid out in this rule; 5) addition of language 
expanding suspension notifications to be made by certified mail, as well as 
by electronic means; 6) elimination of a requirement for UHC to distribute a 
list of persons or entities whose ability to participate in UHC programs has 
been terminated or suspended.  Because of the time-consuming nature of 
maintaining a database with all potentially interested parties due to 
constantly changing email addresses, etc., the list will continue to be 
compiled and maintained and will be provided upon request.  Also changed the 
Authorizing, and Implemented or Interpreted Law reference to reflect changes 
made in the 2012 Utah General Session.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget because Subsection 35A-8-702(3)(b) states that UHC is a "financially 
independent body" and therefore, receives no state appropriation.  
Furthermore, the changes made to this rule are merely clarifying in nature 
and do not entail any additional requirements.
- LOCAL GOVERNMENTS:  There is no cost or savings to any local government 
because the changes made to this rule are merely clarifying in nature.  
However, if a local government is suspended as a participant in a UHC 
program, it may forgo business opportunities with UHC programs had the local 
government unit maintained itself as eligible under UHC guidelines.  This 
aspect is not changed with this amendment.
- SMALL BUSINESSES:  There is no direct cost or savings to any small 
businesses because the changes made to this rule are mainly clarifying in 
nature.  While clarifying in nature, the fact that a small business no longer 
must maintain itself as an "eligible servicer" may allow additional small 
businesses to participate in UHC programs.  Any fees that accrue to a 
participant in UHC programs as a result of being suspended and/or terminated 
are clearly detailed in program documents and have been for many years.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no cost or savings to other persons because the changes 
made to this rule are mainly clarifying in nature.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no anticipated additional 
compliance costs (in addition to existing compliance costs) for persons 
affected by this rule.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The amendments to this rule are not expected to have any fiscal 
impact on businesses.  Although it is anticipated there will be no fiscal 
impact, it is expected that the clarification of the rule and elimination of 
old requirements may enable additional businesses to participate in UHC 
programs.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jonathan Hanks by phone at 801-902-8221, by FAX at 801-902-8321, or by 
Internet E-mail at jhanks@uthc.org
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36783.htm

No. 36784 (Amendment): R460-8. Americans with Disabilities Act Complaint 
Procedures.
SUMMARY OF THE RULE OR CHANGE:  Section R460-8-1 adds minor wording 
clarifications.  Section R460-8-2 changes include:  1) adding language 
pursuant to the Americans with Disabilities Act Amendments Act (ADAAA) 
defining and clarifying what individuals may file a complaint with UHC 
alleging noncompliance with Title II of the ADAAA; 2) adding language to 
clarify that the president of UHC or his designee acts as the agency's ADA 
coordinator.  Section R460-8-3 eliminates a reference to the ADA state 
coordinating committee, a committee that no longer exists.  Section R460-8-4 
reduces the time frame from 45 to 30 days in which UHC's ADA coordinator will 
respond to a complaint.  Section R460-8-5 changes include:  1) clarification 
that the president or his designee may consult with legal counsel and/or the 
human resource department when considering an appeal of a decision by UHC's 
ADA coordinator; and 2) reducing from 45 to 30 days the time which the 
president or his designee has to provide a decision or reasoning why a 
decision has not yet been reached to a complainant.  Section R460-8-7 adds 
clarifying and removes confusing language regarding the remedies available 
under state or federal law or regulation.  The Authorizing, and Implemented 
or Interpreted Law reference has been updated to reflect changes made in the 
2012 Utah General Session.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget because Subsection 35A-8-702(3)(b) states the UHC is a "financially 
independent body" and therefore, receives no state appropriation.  
Furthermore, the changes made to this rule are merely clarifying in nature 
and do not entail any additional requirements.
- LOCAL GOVERNMENTS:  There is no cost or savings to any local government 
because the changes made to this rule are merely clarifying in nature.
- SMALL BUSINESSES:  There is no cost or savings to any small businesses 
because the changes made to this rule are merely clarifying in nature.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no cost or savings to other persons because the changes 
made to this rule are merely clarifying in nature.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no anticipated additional 
compliance costs (in addition to existing compliance costs) for persons 
affected by this rule.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  It is anticipated that there will be no fiscal impact on 
businesses from the implementation of the changes to this rule.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jonathan Hanks by phone at 801-902-8221, by FAX at 801-902-8321, or by 
Internet E-mail at jhanks@uthc.org
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36784.htm



INSURANCE
ADMINISTRATION
No. 36846 (Amendment): R590-171. Surplus Lines Procedures Rule.
SUMMARY OF THE RULE OR CHANGE:  In Section R590-171-3, adds a new definition 
for "Exempt Commercial Purchaser."  In Section R590-171-6, deletes the 
subsection defining conditions for purchasing surplus lines insurance and 
refers to the "Exempt Commercial Purchaser" definition and its requirements 
to access the surplus lines market.  Section R590-171-11 is being deleted 
since it is no longer needed.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No filings or fee changes will result from this change, 
nor will there be a change in department employee workload.  The change to 
this rule simplifies access to surplus lines insurers.
- LOCAL GOVERNMENTS:  This change will have no impact on local government.
- SMALL BUSINESSES:  The changes to this rule deal solely with large 
employers, i.e., insurance companies and insureds with 500 employees or more 
who are looking for insurance coverage with a surplus lines insurer.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The changes to this rule deal solely with large employers, i.e., 
insurance companies and large employers with 500 employees or more who are 
looking for insurance coverage with a surplus lines insurer.  The changes 
will allow large businesses to access the surplus lines market more easily.  
Those who would have had to first be declined coverage from two standard 
insurance companies can now go directly to a surplus lines carrier for 
coverage.  This change will have no effect on insurance premiums.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The changes to this rule will allow 
large businesses to access the surplus lines market more easily.  Those who 
would have had to be declined coverage from two standard insurance companies 
will be able to go directly to a surplus lines insurer for coverage.  This 
change will have no affect on insurance premiums.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The changes to this rule will have no fiscal impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by 
Internet E-mail at jwhitby@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36846.htm



NATURAL RESOURCES
PARKS AND RECREATION
No. 36856 (Repeal): R651-408. Off-Highway Vehicle Education Curriculum 
Standards.
SUMMARY OF THE RULE OR CHANGE:  Last year the Division of Utah State Parks 
was asked by the Governor's Office to review our rules and determine if any 
rules should be modified or removed to improve services to the general 
public.  After the review, it was determined that Rule R651-408 should be 
removed.  The OHV program no longer provides a classroom or skills module 
course so there is no need to have a rule that outlines Student Requirements.  
In addition, since the OHV program does not teach with the aid of paid staff 
or volunteers, the Safety Instructor Requirements are not necessary.  Also, 
any OHV duplicate education certificates are identified in the Division fee 
schedule now.  The use of volunteers to teach OHV program education courses 
has been eliminated because there is no need to reimburse OHV safety 
instructors.  This rule is repealed in its entirety.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  No costs are associated with this rule.  The anticipated 
savings to the state budget would be in the thousands, simply because the 
volunteer OHV instructor reimbursement is no longer being used.  The Division 
of Utah State Parks and Recreation has not used the volunteer OHV instructor 
reimbursement for more than two years because the OHV education courses are 
being offered by private course providers.
- LOCAL GOVERNMENTS:  There is no anticipated costs or savings to local 
government because the rule is being repealed and will no longer exist.
- SMALL BUSINESSES:  There is no anticipated costs or savings to small 
business because the rule is being repealed and will no longer exist.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: Persons other than small businesses, businesses or local government 
entities will experience no costs or savings because the rule is being 
repealed and will no longer exist.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no fees associated with 
this rule as the OHV education replacement cards costs are listed in the 
Division of Utah State Parks and Recreation fee schedule.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There should be no impact on business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
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:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36856.htm


WILDLIFE RESOURCES
No. 36785 (Amendment): R657-9. Taking Waterfowl, Common Snipe and Coot.
SUMMARY OF THE RULE OR CHANGE:  The proposed revisions to the above listed 
rule define the following area as closed to the taking, hunting, shooting at 
or rallying of waterfowl, snipe or coot -- Antelope Island causeway, within 
600 feet of either the north or south side.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This amendment only adds an area of a state park to the 
list of areas that prohibit the taking of waterfowl, snipe or coot, it does 
not make any changes to any division processes therefore, the Division of 
Wildlife Resources (DWR) determines that these amendments do not create a 
cost or savings impact to the state budget or DWR's budget, since the changes 
will not increase workload and can be carried out with existing budget.
- LOCAL GOVERNMENTS:  Since this amendment has no impact on the local 
governments, the division finds that this filing does not create any direct 
cost or savings impact to local governments.  Nor are local governments 
indirectly impacted because the rule does not create a situation requiring 
services from local governments.
- SMALL BUSINESSES:  This amendment adds a section of Antelope Island 
causeway to the list of areas prohibited to the taking, hunting, shooting at 
or rallying of waterfowl, snipe or coot and therefore does not have the 
potential to generate a cost or savings impact to small businesses.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: This amendment adds a section of Antelope Island causeway to the 
list of areas prohibited to the taking, hunting, shooting at or rallying of 
waterfowl, snipe or coot and therefore does not have the potential to 
generate a cost or savings impact to sportsmen or to other persons.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  This amendment adds a section of 
Antelope Island causeway to the list of areas prohibited to the taking, 
hunting, shooting at or rallying of waterfowl, snipe or coot and therefore 
does not have the potential to generate a cost or savings impact to sportsmen 
or the other persons.  DWR determines that this amendment will not create 
additional costs for those who participate in wildlife related activities in 
Utah.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The amendments to this rule do not create an impact on 
businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by 
Internet E-mail at stacicoons@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36785.htm



PUBLIC SAFETY
FIRE MARSHAL
No. 36852 (Amendment): R710-9. Rules Pursuant to the Utah Fire Prevention and 
Safety Act.
SUMMARY OF THE RULE OR CHANGE:  A summary of the proposed rule amendments are 
as follows:  1) in Subsection R710-9-1(1.2), the Board proposes to add 
verbiage to the rule that defines the statute for the adoption of the Utah 
State Fire Code;  2) in Subsection R710-9-1(1.3), the Board proposes to add 
the preamble to define the issuance of blasting permits in the rule;  3) in 
Section R710-9-11, the Board proposes to eliminate the requirements for the 
usage of antifreeze in fire sprinkler systems because the exact verbiage is 
now in Section 15A-5-204 of the state statutes; and 4) in Section R710-9-12, 
the Board proposes to add requirements by rule for the issuance of blasting 
permits by the State Fire Marshal's Office under certain conditions as 
required in Section 15A-5-208.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There will be an aggregate anticipated cost of 
approximately $1,000 to the state budget to enact this new statute and rules 
on blasting permits.  The cost will be for staff to create the needed 
applications, permits, directions, testing, and education to the State Fire 
Marshal's Office to issue these newly created permits.
- LOCAL GOVERNMENTS:  There will be no aggregate anticipated cost or savings 
to local government because these proposed rule amendments have no impact 
whatsoever on local government.
- SMALL BUSINESSES:  There will be no aggregate anticipated cost or savings 
to small businesses for the enactment of these rule amendments.  The deletion 
of the antifreeze rule amendments have been moved from rule to statute, and 
the issue of blasting permits by the State Fire Marshal's Office opens 
another avenue for blasting companies to receive the permit in certain 
specific cases.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There will be no aggregate anticipated cost or savings to other 
persons for the enactment of these rule amendments.  The deletion of the 
antifreeze rule amendments are due to the incorporation of those requirements 
in the Utah State Fire Code statutes.  The addition of another avenue to 
receive a blasting permit actually simplifies the process for blasting 
companies under certain specific conditions.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no compliance cost for 
affected persons for the enactment of these administrative rules.  The basis 
for the rule amendments is to remove an administrative rule that is now 
listed in state statutes, and add another avenue for blasting companies to 
receive a blasting permit when blasting through multi-jurisdictional 
communities, and to receive a blasting permit from a very small community 
where the volunteer fire department is not set up to issue blasting permits.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no fiscal impact to businesses for the enactment of 
these proposed administrative rules.  The administrative rule makes two 
changes to the rule.  One is to remove a portion of the rule that is now in 
statute, and the other is to create rules for the administration of the 
issuance of blasting permits.  Neither of these amendments create a fiscal 
impact to businesses.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Brent Halladay by phone at 801-284-6352, by FAX at 801-284-6351, or by 
Internet E-mail at bhallada@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36852.htm



TAX COMMISSION
PROPERTY TAX
No. 36862 (Amendment): R884-24P-73. Urban Farming Assessment Pursuant to Utah 
Code Ann. Section 59-2-1703.
SUMMARY OF THE RULE OR CHANGE:  S.B. 122 (2012 General Session) enacts 
provisions for valuing land that is actively devoted to urban farming in a 
county of the first class and requires the Tax Commission to provide guidance 
for when land is actively devoted to urban farming.  The proposed rule 
indicates that land is actively devoted to urban farming if it meets the 
productive capabilities of land classified as Irrigated I.  In addition, the 
proposed rule indicates how land qualifying for the urban farming assessment 
shall be valued.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  None--Any fiscal impact was considered in S.B. 122 
(2012).
- LOCAL GOVERNMENTS:  None--Any fiscal impact was considered in S.B. 122 
(2012).
- SMALL BUSINESSES:  None--Any fiscal impact was considered in S.B. 122 
(2012).
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: None--Any fiscal impact was considered in S.B. 122 (2012).
COMPLIANCE COSTS FOR AFFECTED PERSONS:  None--The proposed rule provides 
guidance on when land qualifies for the urban farming assessment.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  While the enactment of S.B. 122 (2012) may create a tax savings 
for some agricultural businesses, adopting this rule has no fiscal impact.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christa Johnson by phone at 801-297-3901, by FAX at 801-297-3907, or by 
Internet E-mail at cj@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36862.htm



TRANSPORTATION
MOTOR CARRIER
No. 36863 (Repeal and Reenact): R909-2. Utah Trucking Guide.
SUMMARY OF THE RULE OR CHANGE:  The Utah Size and Weight Rule contains 
provisions related to legal size and weight dimensions, general permit 
provisions, tire loads, variable load axles, restrictions, divisible and non-
divisible provisions, longer combination vehicles, over weight vehicles, 
mobile and manufactured homes, pilot escort requirements for training and 
drivers, farmers, special mobile equipment, special truck equipment, and by-
pass provisions.  Four rules are proposed to be repealed and their provisions 
added to this rule.  Rule R912-6 Port-of-Entry By-Pass Permit Provisions - 
These provisions are now located in Section R909-2-36 and are revised to 
include qualifications based on the Safety Measurement System of the Federal 
Motor Carrier Safety Administration, which went into effect in December of 
2010. This provision affects 15-20 companies that apply for the privilege to 
by-pass a port of entry multiple times per day.  The by-pass permit saves the 
driver time, and saves money on gas and maintenance.  Rule R912-8 Minimum 
Tire, Axle and Suspension Ratings for Heavy Vehicles and the Use of 
Retractable or Variable Load Suspension Axles in Utah - This provision is now 
located in Section R909-2-7 entitled Variable Load Axles (VLS).  This section 
regulates the number of fixed axles, ensures that the VLS will be self 
steering, and that VLS do not exceed legal or bridge formula, or tire rating.  
Rule R912-10 Requirements for Pilot/Escort Qualified Training and 
Certification Programs - This section is now located in Section R909-2-29.  
Nonsubstantive changes were included to allow the training entity to submit 
re-certification lists to the department quarterly, instead of within 72 
hours of a course, and drivers are not required to submit a current MVR prior 
to taking a course.  Rule R912-16 Special Mobile Equipment - This section is 
now located in Section R909-2-34.  Special Mobile Equipment (SME) vehicles 
are still required to complete a special mobile equipment affidavit, acquire 
a single trip permit and to operate under their own power on approved routes, 
which shall not generally exceed 20 miles.  Additional changes to the rule 
include new definitions for "incidental", and "multi-trip" and revised 
definitions for "saddle mount", "special truck equipment", and "truck" found 
in Section R909-2-3.  Four tables are included for legal size vehicle 
dimensions; maximum gross and axle weight limitations; single trip, and semi-
annual permit by axle and pounds; and high risk motor carrier criteria.  The 
General Oversize or Overweight Provisions in Section R909-2-8 now allow a 
permit to be in paper or electronic format.  All restrictions are in their 
own separate sections, with a revision of the weather restrictions.  Draw bar 
marking requirements were added in Section R909-2-16 to support changes in 
Section 72-7-403 requiring retro reflective tape and amber lights on both the 
right and left side of the drawbar.  Pursuant to Section R909-2-23 longer 
combination vehicles exceeding 81 feet may not operate on secondary highways 
other than those pre-approved by the division.  In Section R909-2-24, an 
exception is allowed to the rule that a divisible load permit may not be used 
to transport a non-divisible load.  Pursuant to Section R909-2-33 when 
transporting utility poles, the company may request to have the permit issued 
to the truck or truck tractor, rather than the trailer.  Pursuant to Section 
R909-2-37 the annual review of permit conditions will be done at the Motor 
Carrier Advisory Board in April of each year.  (DAR NOTE:  The proposed 
repeal of Rule R912-6 is under DAR No. 36864, the proposed repeal of Rule 
R912-8 is under DAR No. 36865, the proposed repeal of Rule R912-10 is under 
DAR No. 36866, and the proposed repeal of Rule R912-16 is under DAR No. 36867 
in this issue, October 15, 2012, of the Bulletin.)
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget because the provisions being repealed to be included in this rule 
already existed and are being changed from an industry format to a rule 
format.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government because the provisions being repealed to be included in this rule 
already existed and are being changed from an industry format to a rule 
format.
- SMALL BUSINESSES:  The port-of-entry by-pass permit is now based on the 
Safety Measurement System developed by the Federal Motor Carrier Safety 
Administration.  There will be some savings to motor carriers that can meet 
the criteria for a by-pass permit.  This permit saves driver time, gas costs 
and maintenance costs by allowing a company vehicle to operate on a regular 
route that does not require going through a port of entry multiple times per 
day.  Motor Carrier companies that operate trailers with draw bars will now 
be required to add retro reflective tape and amber lights on both the right 
and left side of the drawbar as noted in Section 72-7-403.  It is estimated 
that installing these safety features to tow bars that exceed 15 feet in 
length will cost approximately $250 per vehicle/trailer.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no cost or savings to persons other than small business, 
businesses, or local government entities because these rules already existed, 
but were changed from an industry format to a rule format.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  Motor Carrier companies that operate 
trailers with draw bars will now be required to add retro reflective tape and 
amber lights on both the right and left side of the drawbar as noted in 72-7-
403.  It is estimated that installing these safety features to tow bars that 
exceed 15 feet in length will cost approximately $250 per vehicle/trailer.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  The port-of-entry by-pass permit is now based on the Safety 
Measurement System developed by the Federal Motor Carrier Safety 
Administration. There will be lower costs to motor carriers that can meet the 
criteria for a by-pass permit.  This permit saves driver time, gas costs and 
maintenance costs by allowing a company vehicle to operate on a regular route 
that does not require going through a port of entry multiple times per day.  
Motor Carrier companies that operate trailers with draw bars will now be 
required to add retro reflective tape and amber lights on both the right and 
left side of the drawbar as noted in Section 72-7-403.  It is estimated that 
installing these safety features to tow bars that exceed 15 feet in length 
will cost approximately $250 per vehicle/trailer.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by 
Internet E-mail at cwnewman@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36863.htm


MOTOR CARRIER, PORTS OF ENTRY
No. 36864 (Repeal): R912-6. Ports-of-Entry By-Pass Permit Provisions.
SUMMARY OF THE RULE OR CHANGE:  This rule is repealed in its entirety.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget because the provisions of this rule are only being moved to Rule R909-
2.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government because the provisions of this rule are only being moved to Rule 
R909-2.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
businesses because the provisions of this rule are only being moved to Rule 
R909-2.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or savings to persons other than small 
businesses, businesses, or local government entities because the provisions 
of this rule are only being moved to Rule R909-2.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no anticipated compliance 
cost for affected persons because the provisions of this rule are only being 
moved to Rule R909-2.
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 
provisions of this rule are only being moved to Rule R909-2.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by 
Internet E-mail at cwnewman@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36864.htm

No. 36865 (Repeal): R912-8. Minimum Tire, Axle and Suspension Ratings for 
Heavy Vehicles and the Use of Retractable or Variable Load Suspension Axles 
in Utah.
SUMMARY OF THE RULE OR CHANGE:  This rule is repealed in its entirety.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget because the provisions of this rule are only being moved to Rule R909-
2.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government because the provisions of this rule are only being moved to Rule 
R909-2.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
businesses because the provisions of this rule are only being moved to Rule 
R909-2.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or savings to small businesses, 
businesses, or local government entities because the provisions of this rule 
are only being moved to Rule R909-2.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no anticipated compliance 
cost for affected persons because the provisions of this rule are only being 
moved to Rule R909-2.
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 
provisions of this rule are only being moved to Rule R909-2.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by 
Internet E-mail at cwnewman@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36865.htm

No. 36866 (Repeal): R912-10. Requirements for Pilot/Escort Qualified Training 
and Certification Programs.
SUMMARY OF THE RULE OR CHANGE:  This rule is repealed in its entirety.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the state 
budget because the provisions of this rule are only being moved to Rule R909-
2.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government because the provisions of this rule are only being moved to Rule 
R909-2.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
businesses because the provisions of this rule are only being moved to Rule 
R909-2.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or savings to persons other than small 
businesses, businesses, or local government entities because the provisions 
of this rule are only being moved to Rule R909-2.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no anticipated compliance 
cost for affected persons because the provisions of this rule are only being 
moved to Rule R909-2.
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 
provisions of this rule are only being moved to Rule R909-2.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by 
Internet E-mail at cwnewman@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36866.htm

No. 36867 (Repeal): R912-16. Special Mobile Equipment.
SUMMARY OF THE RULE OR CHANGE:  This rule is repealed in its entirety.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  There is no anticipated cost or savings to the State 
budget because the provisions of this rule are only being moved to Rule R909-
2.
- LOCAL GOVERNMENTS:  There is no anticipated cost or savings to local 
government budget because the provisions of this rule are only being moved to 
Rule R909-2.
- SMALL BUSINESSES:  There is no anticipated cost or savings to small 
businesses because the provisions of this rule are only being moved to Rule 
R909-2.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There is no anticipated cost or savings to persons other than small 
businesses, businesses, or local government entities because the provisions 
of this rule are only being moved to Rule R909-2.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There is no anticipated compliance 
cost for affected persons because the provisions of this rule are only being 
moved to Rule R909-2.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There is no anticipated fiscal impacts on businesses because the 
provisions of this rule are only being moved to Rule R909-2.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by 
Internet E-mail at cwnewman@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36867.htm



WORKFORCE SERVICES
EMPLOYMENT DEVELOPMENT
No. 36868 (Amendment): R986-200. Family Employment Program.
SUMMARY OF THE RULE OR CHANGE:  In Section R986-200-205, the division is 
clarifying the provision regarding absent household members.  If the member 
is required under other rules to participate in an employment plan those 
absent household members must be counted in the household.  A provision has 
been added in that subsection that provides if all adults are temporarily 
absent the dependent child/ren must be left in the care of an adult.  In 
Section R986-200-216, the division has taken out three redundant and 
confusing words.  In Section R986-200-217, the division has clarified the 
language about diversion payments; since Section R986-200-216 provides that a 
household can only receive one diversion payment in a 12-month period the 
language in this subsection is no longer needed.
ANTICIPATED COST OR SAVINGS TO:
- THE STATE BUDGET:  This applies to federally-funded programs so there are 
no costs or savings to the state budget.
- LOCAL GOVERNMENTS:  This is a federally-funded program so there are no 
costs or savings to the local government.
- SMALL BUSINESSES:  There will be no costs to small businesses to comply 
with these changes because this is a federally-funded program.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: There will be no costs to persons other than small businesses, 
businesses or local government entities to comply with these changes because 
there are no costs or fees associated with these proposed changes.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  There are no compliance costs 
associated with these changes for any affected persons because this is a 
federally-funded program and there are no fees or costs associated with these 
proposed changes.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There are no compliance costs associated with this change.  
There are no fees associated with this change.  There will be no cost to 
anyone to comply with these changes.  There will be no fiscal impact on any 
business.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by 
Internet E-mail at spixton@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36868.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 November 14, 
2012.

From the end of the 30-day waiting period through February 12, 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.


INSURANCE
ADMINISTRATION
No. 36215 (Change in Proposed Rule): R590-162. Actuarial Opinion and 
Memorandum Rule.
SUMMARY OF THE RULE OR CHANGE:  Two new sections have been added to the rule, 
Exemptions and Severability.  Also, in Subsection R590-162-5(E)(1), the 
examples are being eliminated, and the change to Subsection R590-162-5(E)(2) 
deletes references to various subsections in Part 5 of Chapter 17 to the 
reference of all of Part 5. The Exemption Section offers a life insurance 
company the opportunity to request exemption from the annual requirement to 
provide the department with an actuarial opinion.  (DAR NOTE:  This change in 
proposed rule has been filed to make additional changes to a proposed 
amendment that was published in the June 1, 2012, issue of the Utah State 
Bulletin, on page 72.  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:  There is no cost or savings to the department or the 
state as a result of the exemption.  The department's financial analyst will 
have to review either the actuarial opinion or the exemption request.  The 
department does not expect to receive any more than two or three requests for 
exemption.  There is no fee involved with the exemption or the opinion.
- LOCAL GOVERNMENTS:  The changes to this rule will have no impact on local 
governments since it deals solely with the relationship between the 
department and their licensees.
- SMALL BUSINESSES:  The exemption is not based on size but on the nature of 
the life insurance company's assets and liabilities.  Companies that could be 
exempted are those with almost no liabilities or assets.  In such a situation 
the time it would take to complete an Actuarial Opinion and a Request for 
Exemption would be about the same.  The only difference is that an actuary is 
not required to sign the Request for Exemption resulting in a minimal cost 
savings to the insurer.
- PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL 
ENTITIES: The exemption is not based on size but on the nature of life 
insurance company's assets and liabilities.  Companies that could be exempted 
are those with almost no liabilities or assets.  In such a situation the time 
it would take to complete an Actuarial Opinion and a Request for Exemption 
would be about the same.  The only difference is that an actuary is not 
required to sign the Request for Exemption resulting in a minimal cost 
savings to the insurer.
COMPLIANCE COSTS FOR AFFECTED PERSONS:  The exemption is not based on size 
but on the nature of life insurance company's assets and liabilities.  
Companies that could be exempted are those with almost no liabilities or 
assets.  In such a situation the time it would take to complete an Actuarial 
Opinion and a Request for Exemption would be about the same.  The only 
difference is that an actuary is not required to sign the Request for 
Exemption resulting in a minimal cost savings to the insurer.
COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON 
BUSINESSES:  There will be no significant impact as a result of these 
changes.  The changes simply offer an option to the filing of a actuarial 
Opinion.
INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN 
COMMENTS NO LATER THAN AT 5:00 PM ON 11/14/2012
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by 
Internet E-mail at jwhitby@utah.gov
THIS RULE MAY BECOME EFFECTIVE ON:  11/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36215.htm




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

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

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

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


ADMINISTRATIVE SERVICES
FACILITIES CONSTRUCTION AND MANAGEMENT
No. 36806 (5-year Review): R23-12. Building Code Appeals Process.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  It 
is necessary to continue this rule so the public will know the policy and 
procedures for the appeal of decisions made by the Building Official in 
regards to the application and interpretation of building codes.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by 
Internet E-mail at abachman@utah.gov
- Cecilia Niederhauser by phone at 801-538-3261, by FAX at 801-538-9694, or 
by Internet E-mail at cniederhauser@utah.gov
- Chiarina Gleed by phone at 801-538-3240, by FAX at 801-538-3313, or by 
Internet E-mail at cgleed@utah.gov
- Priscilla Anderson by phone at 801-538-9595, by FAX at 801-538-3378, or by 
Internet E-mail at phanderson@utah.gov
EFFECTIVE:  09/19/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36806.htm


COMMERCE
CORPORATIONS AND COMMERCIAL CODE
No. 36857 (5-year Review): R154-1. Central Filing System for Agriculture 
Product Liens.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The Division is still the system operator of the central filing system.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Kathy Berg by phone at 801-530-6216, by FAX at 801-530-6438, or by Internet 
E-mail at kberg@utah.gov
EFFECTIVE:  09/27/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36857.htm



FINANCIAL INSTITUTIONS
ADMINISTRATION
No. 36847 (5-year Review): R331-17. Publication and Disclosure of Acquisition 
of Control, Merger, or Consolidation Applications to the Department of 
Financial Institutions.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The rule applies to all applicants to the department for change of control, 
acquisition of, merger, or consolidation with any financial institution 
chartered by the state and should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  09/24/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36847.htm

No. 36874 (5-year Review): R331-23. Lending Limits for Banks, Industrial Loan 
Corporations.
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 intended to prevent one person from borrowing an unduly large 
amount of a given bank's or industrial loan corporation's funds, thereby 
exposing the bank's or industrial loan corporation's depositors, creditors, 
and stockholders to excessive risk and should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  09/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36874.htm


BANKS
No. 36777 (5-year Review): R333-5. Discount Securities Brokerage Service by 
Banks.
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 limits securities activities to "discount brokerage" services and 
gives state-chartered banks competitive equality with national banks which 
have their principal office in this state by granting the same rights and 
privileges to state chartered bank as are enjoyed by Utah's national banks 
and should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  09/17/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36777.htm

No. 36778 (5-year Review): R333-8. Authority for Banks to Issue Subordinated 
Capital Notes or Debentures.
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 establishes the criteria and procedures for issuance of subordinated 
capital notes or debentures and limitations on the total amount of such 
instruments which may be outstanding in order to protect the bank's 
depositors and shareholders and should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  09/17/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36778.htm

No. 36779 (5-year Review): R333-9. Indemnification of Directors, Officers, 
and Employees.
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 defines, clarifies, and limits the extent to which a state-chartered 
bank may provide in its articles of incorporation or bylaws for the 
indemnification of directors, officers, and employees.  The rule also deters 
acts that could threaten the safety and soundness of banks by specifically 
prohibiting the indemnification of directors, officers, and employees and 
should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  09/17/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36779.htm

No. 36780 (5-year Review): R333-10. Securities Activities of Subsidiaries and 
Affiliates of State-Chartered Banks.
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 establishes safeguards to ensure that subsidiaries or affiliates 
engaged in securities activities do not endanger the safeness and soundness 
of the state-chartered banks and should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  09/17/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36780.htm

No. 36848 (5-year Review): R333-12. Investment by State-Chartered Bank in 
Real Property Other Than Bank Premises.
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 authorizes state-chartered banks with sufficient capital to invest 
in real property other than bank premises as prescribed by the commissioner 
by regulation and should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  09/24/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36848.htm


CONSUMER CREDIT
No. 36844 (5-year Review): R335-1. Rule Prohibiting Negative Amortizing Wrap 
Loans.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The purpose for this rule is to prohibit wrap loans that will not fully 
service all obligations wrapped by the loan and should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36844.htm

No. 36849 (5-year Review): R335-2. Rule Prescribing Allowable Terms and 
Disclosure Requirements for Variable and Adjustable Interest Rates in 
Consumer Credit Contracts.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The purpose for this rule is to distinguish variable or adjustable interest 
rates from other kinds of rate formulas or provisions, to specify what must 
be included in rate formulas represented to be variable or adjustable and to 
specify certain disclosure requirements under state and federal law 
applicable to variable or adjustable rate and other formulas; and therefore, 
it should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  09/24/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36849.htm

No. 36845 (5-year Review): R335-4. Notice Concerning Refund of Unearned 
Credit Insurance Premiums Upon Prepayment of a Consumer Debt.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The purpose for this rule is to require all consumer creditors, including 
assignees or other successors in interest, to notify a borrower when a debtor 
may be entitled to a separate refund of unearned credit insurance premiums 
and should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  09/21/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36845.htm


CREDIT UNIONS
No. 36875 (5-year Review): R337-7. Discount Securities Brokerage Service by 
State-Chartered Credit Unions.
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 allows securities activities limited to "discount brokerage" 
services by state-chartered credit unions, similar to the discount brokerage 
services allowed state-chartered banks and industrial loan corporations, and 
should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  09/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36875.htm

No. 36876 (5-year Review): R337-8. Accounts for Parties Other Than Individual 
Members in State-Chartered Credit Unions.
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 allows state-chartered credit unions to maintain accounts in the 
name of businesses or entities other than individual members to the same 
extent as credit unions chartered under the laws of the United States and 
should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  09/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36876.htm

No. 36877 (5-year Review): R337-9. Schedule for Retention or Destruction of 
Records of Credit Unions Under the Jurisdiction of the Department of 
Financial Institutions.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The rule establishes a schedule for the retention of records of credit unions 
and should be continued.  The purpose of the rule is to require the 
maintenance of appropriate types of records which have a high degree of 
usefulness and to prescribe the period for which records of each class are 
retained.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  09/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36877.htm


INDUSTRIAL LOAN CORPORATIONS
No. 36850 (5-year Review): R339-4. Authority for Industrial Loan Corporations 
to Issue Subordinated Capital Notes or Debentures.
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 construes, applies, and elaborates on Rule R331-5 as it applies to 
industrial loan corporations in the issuance of subordinated capital notes or 
debentures and should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  09/24/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36850.htm

No. 36851 (5-year Review): R339-6. Rule Clarifying Industrial Loan 
Corporation Investments.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The rules defines acceptable investments for the funds of an industrial loan 
corporation and defines and clarifies investments in real estate and should 
be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  09/24/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36851.htm

No. 36878 (5-year Review): R339-11. Discount Securities Brokerage Service by 
Industrial Loan Corporations.
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 allows securities activities limited to "discount brokerage" 
services by industrial loan corporations, similar to the discount brokerage 
services allowed state-chartered banks and credit unions, and should be 
continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Paul Allred by phone at 801-538-8854, by FAX at 801-538-8894, or by 
Internet E-mail at pallred@utah.gov
EFFECTIVE:  09/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36878.htm



HEALTH
HEALTH CARE FINANCING
No. 36870 (5-year Review): R410-14. Administrative Hearing Procedures.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule is necessary because it establishes a fair hearing process for 
Medicaid recipients and CHIP recipients who disagree with any decision made 
by a state agency or MCO that is based on payment of a claim, service 
coverage, or client eligibility.  It is also necessary because it establishes 
administrative hearing procedures for the Division of Medicaid and Health 
Financing, the Department of Workforce Services, the Department of Human 
Services, and the MCOs that carry out the fair hearing process.  Therefore, 
this rule should be continued.  The Department agrees that the rule must be 
consistent with public policy and state and federal law.  Nevertheless, the 
Department does not agree that changes in the rule limit the fair hearing 
rights of contracted providers.  Moreover, the Department supports 
alternative dispute resolution and does not intend to abrogate the rights of 
parties to arbitrate their disagreements.  There is no evidence to support 
the MCO's assertion that the rule increases the cost of administering the 
Medicaid program through an increase in fair hearings.  For example, when the 
Department made changes to the rule in April 2011 that did not allow non-
contracted parties access to the fair hearing process, it did not see a 
significant reduction of administrative cases or a lessening of the 
administrative burden.  The Department further disagrees that non-contracted 
parties who participate in the administrative hearing process will discourage 
medical professionals from becoming providers.  The Department also maintains 
that having an impartial party to hear a dispute serves as a benefit rather 
than as a deterrent for a provider.  The Department acknowledges the need to 
update language in the rule and will remove any ambiguities.
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:  09/27/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36870.htm


HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 36869 (5-year Review): R414-70. Medical Supplies, Durable Medical 
Equipment, and Prosthetic Devices.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule is necessary because it specifies criteria for Medicaid recipients 
who are eligible to receive medical supplies, DME, and prosthetic devices as 
either optional services, mandatory services, or services provided in long-
term care facilities.  Therefore, this rule should be continued.  The 
Department response to the written comments is as follows:  1) there is no 
federal statutory law that provides for mandatory coverage of home health 
service to everyone that is categorically needy and to certain medically 
needy if a state plan covers the medically needy.  Instead, 42 USC 
1396a(a)(10)(A), excludes home health care services from the Medicaid list of 
mandatory services and leaves home health care services on the list of 
optional services.  42 USC 1396a(a)(10)(D), provides a limited exception of 
making home health services mandatory in the particular circumstance of when 
"any individual who, under the State plan, is entitled to nursing facility 
services".  The "Understanding Medicaid Home and Community Services; A 
Primer" cited in the comments is an informational document written by members 
of private disability advocacy groups and published by the U.S. Department of 
Health and Human Services.  The "Primer" cites no statutory or legal source 
for the view that Medicaid covered individuals who may eventually reach a 
physical condition to qualify for home health services are presently entitled 
to receive such services.  Such an assertion is opposite and contrary to the 
Medicaid statutory scheme of home health services being specifically listed 
as an optional service with a limited exception for individuals who qualify 
and are thereby entitled to nursing facility services; 2) there is no federal 
Medicaid statute which states that home health services are mandatory for 
categorically needy persons over 21 or medically needy persons who can try to 
obtain nursing facility services under the state plan.  Contrary to this 
assertion, 42 USC 1396a(a)(10)(A), specifically places home health care on 
its list of optional coverage services.  Rule R414-70 implements the federal 
exception found in 42 USC 1396a(a)(10)(D), which only makes home health care 
mandatory in limited situations of when recipients are entitled to nursing 
facility services.  Accordingly, DME and medical supplies are only mandatory 
for recipients who presently qualify and are therefore entitled to live in a 
nursing facility, yet, reside at home; 3) the agency believes the discretion 
to limit the scope of optional services is supported by the statutory and 
regulatory scheme governing Medicaid.  States are given broad discretion to 
manage the Medicaid program and it is the right and obligation of the agency 
to define the extent to which optional services will be provided; 4) 
"Suitable for use in the home" is an express limitation set forth in 42 CFR 
440.70(b)(3).  DHCF believes it would be inappropriate to eliminate the 
phrase; 5) Utah Medicaid has broad discretion in setting the scope of 
services that will be covered within an optional category without reference 
to medical necessity criteria.  With mandatory services, Utah Medicaid's 
discretion is more limited in defining the scope of coverage, where medical 
necessity is part of exercising agency discretion.  The Medicaid Supplies 
Manual and List reflect what Utah Medicaid has determined to be medically 
necessary services for home health services.  Nevertheless, with mandatory 
coverage a process is provided for contesting denial of coverage if medical 
necessity can be shown.  Sections R414-70-4 and R414-70-5 reflect these 
Medicaid principles that optional and mandatory services are treated 
differently; 6) DHCF is unaware of any Medicaid regulation authorizing such a 
referral to the law firm.  In the absence of such a regulation, the request 
presents two major difficulties.  First, it appears inappropriate for the 
agency to support referrals to one legal provider among many within the state 
who may wish to obtain such a referral.  Second, while many recipients are 
disabled, all are not and it is unclear that firm would be able to assist 
those who are not disabled; and 7) such representation would be inappropriate 
and would violate the privacy standards described in the Health Insurance 
Portability and Accountability Act of 1996 (HIPAA) which apply to Medicaid.  
The Utilization Review Committee considers medical issues and reviews medical 
information regarding individual Medicaid recipients.  The representatives of 
the firm have no right under HIPAA to access such information and the 
presence of such a representative would constitute an unauthorized release of 
protected health information and would violate relevant HIPAA regulations.
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:  09/27/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36869.htm



HOUSING CORPORATION (UTAH)
ADMINISTRATION
No. 36882 (5-year Review): R460-1. Authority and Purpose.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  It 
is necessary to continue this rule to provide the public with a clear 
statement of the rulemaking authority granted to UHC by statute, and to 
provide a written statement of the purpose for the UHC's rules.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jonathan Hanks by phone at 801-902-8221, by FAX at 801-902-8321, or by 
Internet E-mail at jhanks@uthc.org
EFFECTIVE:  09/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36882.htm

No. 36883 (5-year Review): R460-2. Definitions of Terms Used Throughout R460.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  It 
is necessary to continue this rule to provide the public with clear 
definitions of terms used in UHC's rules.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jonathan Hanks by phone at 801-902-8221, by FAX at 801-902-8321, or by 
Internet E-mail at jhanks@uthc.org
EFFECTIVE:  09/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36883.htm

No. 36884 (5-year Review): R460-3. Programs of UHC.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  It 
is necessary to continue this rule to provide the public with a clear 
statement of the programs available from UHC and the general purpose and 
scope of each of those programs which have been created under authority 
granted to UHC by statute.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jonathan Hanks by phone at 801-902-8221, by FAX at 801-902-8321, or by 
Internet E-mail at jhanks@uthc.org
EFFECTIVE:  09/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36884.htm

No. 36885 (5-year Review): R460-4. Additional Servicing Rules.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Although the only text in the rule will be "reserved", it is necessary to 
continue this rule to provide the public with the idea that UHC is, to some 
extent, involved in and concerned with loan servicing and may add verbiage to 
the rule at a future date.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jonathan Hanks by phone at 801-902-8221, by FAX at 801-902-8321, or by 
Internet E-mail at jhanks@uthc.org
EFFECTIVE:  09/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36885.htm

No. 36886 (5-year Review): R460-5. Termination of Eligibility to Participate 
in Programs.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  It 
is necessary to continue this rule to provide the public with a clear 
statement of what type of activity and/or behavior by a participant in UHC's 
programs may lead to the termination of that participant's eligibility to 
continue to participate in UHC's programs.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jonathan Hanks by phone at 801-902-8221, by FAX at 801-902-8321, or by 
Internet E-mail at jhanks@uthc.org
EFFECTIVE:  09/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36886.htm

No. 36887 (5-year Review): R460-6. Adjudicative Proceedings.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  It 
is necessary to continue this rule to provide the public with a clear 
statement of the process UHC will follow when UHC determines that an 
adjudicative proceeding is necessary.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jonathan Hanks by phone at 801-902-8221, by FAX at 801-902-8321, or by 
Internet E-mail at jhanks@uthc.org
EFFECTIVE:  09/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36887.htm

No. 36888 (5-year Review): R460-7. Public Petitions for Declaratory Orders.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  It 
is necessary to continue this rule to provide the public with a clear 
statement of the procedures required for petitions for declaratory orders 
with regard to the applicability of rules, statutes, and orders governing or 
issued by UHC.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jonathan Hanks by phone at 801-902-8221, by FAX at 801-902-8321, or by 
Internet E-mail at jhanks@uthc.org
EFFECTIVE:  09/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36888.htm

No. 36889 (5-year Review): R460-8. Americans with Disabilities Act (ADA) 
Complaint Procedures.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  It 
is necessary to continue this rule to provide the public with a clear 
procedure UHC will follow for the prompt and equitable resolution of any 
complaints filed under the Americans with Disabilities Act.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jonathan Hanks by phone at 801-902-8221, by FAX at 801-902-8321, or by 
Internet E-mail at jhanks@uthc.org
EFFECTIVE:  09/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36889.htm



INSURANCE
TITLE AND ESCROW COMMISSION
No. 36861 (5-year Review): R592-5. Title Insurance Product or Service 
Approval for a Dual Licensed Title Licensee.
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 sets requirements for a dual licensed title licensee to obtain 
approval from the insurance commissioner or expedited approval from the Title 
and Escrow Commission to sell a title insurance product.  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:  09/27/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36861.htm



NATURAL RESOURCES
OIL, GAS AND MINING BOARD
No. 36786 (5-year Review): R641-100. General Provisions.
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 so that the rules for practice and procedure 
for proceedings before the Board of Oil, Gas and Mining remain in place for 
use by petitioners, respondents, the Board, and other parties.
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
EFFECTIVE:  09/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36786.htm

No. 36787 (5-year Review): R641-101. Parties.
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 so that the rules for practice and procedure 
for proceedings before the Board of Oil, Gas and Mining remain in place for 
use by petitioners, respondents, the Board, and other parties.
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
EFFECTIVE:  09/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36787.htm

No. 36788 (5-year Review): R641-102. Appearances and Representations.
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 so that the rules for practice and procedure 
for proceedings before the Board of Oil, Gas and Mining remain in place for 
use by petitioners, respondents, the Board, and other parties.
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
EFFECTIVE:  09/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36788.htm

No. 36789 (5-year Review): R641-103. Intervention.
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 so that the rules for practice and procedure 
for proceedings before the Board of Oil, Gas and Mining remain in place for 
use by petitioners, respondents, the Board, and other parties.
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
EFFECTIVE:  09/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36789.htm

No. 36790 (5-year Review): R641-104. Pleadings.
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 so that the rules for practice and procedure 
for proceedings before the Board of Oil, Gas and Mining remain in place for 
use by petitioners, respondents, the Board, and other parties.
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
EFFECTIVE:  09/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36790.htm

No. 36791 (5-year Review): R641-105. Filing and Service.
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 so that the rules for practice and procedure 
for proceedings before the Board of Oil, Gas and Mining remain in place for 
use by petitioners, respondents, the Board, and other parties.
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
EFFECTIVE:  09/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36791.htm

No. 36792 (5-year Review): R641-106. Notice and Service.
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 so that the rules for practice and procedure 
for proceedings before the Board of Oil, Gas and Mining remain in place for 
use by petitioners, respondents, the Board, and other parties.
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
EFFECTIVE:  09/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36792.htm

No. 36793 (5-year Review): R641-107. Prehearing Conference.
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 so that the rules for practice and procedure 
for proceedings before the Board of Oil, Gas and Mining remain in place for 
use by petitioners, respondents, the Board, and other parties.
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
EFFECTIVE:  09/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36793.htm

No. 36794 (5-year Review): R641-108. Conduct of Hearings.
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 so that the rules for practice and procedure 
for proceedings before the Board of Oil, Gas and Mining remain in place for 
use by petitioners, respondents, the Board, and other parties.
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
EFFECTIVE:  09/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36794.htm

No. 36795 (5-year Review): R641-109. Decisions and Orders.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule should be continued so that the rules for practice and procedure 
for proceedings before the Board of Oil, Gas and Mining remain in place for 
use by petitioners, respondents, the Board, and other parties.
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
EFFECTIVE:  09/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36795.htm

No. 36796 (5-year Review): R641-110. Rehearing and Modification of Existing 
Orders.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule should be continued so that the rules for practice and procedure 
for proceedings before the Board of Oil, Gas and Mining remain in place for 
use by petitioners, respondents, the Board, and other parties.
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
EFFECTIVE:  09/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36796.htm

No. 36797 (5-year Review): R641-111. Declaratory Rulings.
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 so that the rules for practice and procedure 
for proceedings before the Board of Oil, Gas and Mining remain in place for 
use by petitioners, respondents, the Board, and other parties.
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
EFFECTIVE:  09/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36797.htm

No. 36798 (5-year Review): R641-112. Rulemaking.
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 so that petitioners, the Board and parties 
interested in commenting on the Board's rules are clear that the rulemaking 
procedure by the Board of Oil, Gas and Mining will be in accordance with the 
Utah Administrative Rulemaking Act.
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
EFFECTIVE:  09/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36798.htm

No. 36799 (5-year Review): R641-113. Hearing Examiners.
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 so that the rules for practice and procedure 
for proceedings before the Board of Oil, Gas and Mining remain in place for 
use by petitioners, respondents, the Board, and other parties.
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
EFFECTIVE:  09/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36799.htm

No. 36800 (5-year Review): R641-114. Exhaustion of Administrative Remedies.
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 so that the rules for practice and procedure 
for proceedings before the Board of Oil, Gas and Mining remain in place for 
use by petitioners, respondents, the Board, and other parties.
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
EFFECTIVE:  09/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36800.htm

No. 36801 (5-year Review): R641-115. Deadline for Judicial Review.
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 so that the rules for practice and procedure 
for proceedings before the Board of Oil, Gas and Mining remain in place for 
use by petitioners, respondents, the Board, and other parties.
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
EFFECTIVE:  09/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36801.htm

No. 36802 (5-year Review): R641-116. Judicial Review of Formal Adjudicative 
Proceedings.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule should be continued so that the rules for practice and procedure 
for proceedings before the Board of Oil, Gas and Mining remain in place for 
use by petitioners, respondents, the Board, and other parties.
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
EFFECTIVE:  09/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36802.htm

No. 36803 (5-year Review): R641-117. Civil Enforcement.
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 so that the rules for practice and procedure 
for proceedings before the Board of Oil, Gas and Mining remain in place for 
use by petitioners, respondents, the Board, and other parties.
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
EFFECTIVE:  09/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36803.htm

No. 36804 (5-year Review): R641-118. Waivers.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule should be continued so that the rules for practice and procedure 
for proceedings before the Board of Oil, Gas and Mining remain in place for 
use by petitioners, respondents, the Board, and other parties.
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
EFFECTIVE:  09/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36804.htm

No. 36805 (5-year Review): R641-119. Severability.
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 so that the rules for practice and procedure 
for proceedings before the Board of Oil, Gas and Mining remain in place for 
use by petitioners, respondents, the Board, and other parties.
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
EFFECTIVE:  09/18/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36805.htm


PARKS AND RECREATION
No. 36891 (5-year Review): R651-227. Boating Safety Course Fees.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The funds collected under this rule help the division provide a boating 
education program for the boaters of the State of Utah.  A portion of this 
program provides mandatory (statutory) education for youth operating personal 
watercraft.  The fees specifically cover the costs of materials and the 
mailing of the course certificates.  Therefore, this rule should be 
continued.
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
EFFECTIVE:  09/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36891.htm

No. 36890 (5-year Review): R651-410. Off-Highway Vehicle Safety Equipment.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule should be continued because it defines the requirement to place a 
safety flag on an OHV, which are required to be mounted on any OHV at Coral 
Pink Sand Dunes, Big Sand Mountain Recreation Management Area, and the Little 
Sahara Special Recreation Management Area.  Without this rule, safety would 
be hindered and potential lives could be lost.  This rule provides a safety 
requirement when operating OHVs upon certain sand dunes, in which eye sight 
is limited of other OHVs.
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
EFFECTIVE:  09/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36890.htm


FORESTRY, FIRE AND STATE LANDS
No. 36854 (5-year Review): R652-121. Wildland Fire Suppression 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 gives the division direction for the consistent administration of 
the Wildland Fire Suppression Fund and provides the counties with the 
requirements necessary for the use of the fund dollars for fire suppression.  
This rule is essential for the continued statutory application of the 
Wildland Fire Suppression Fund and the health of the Wildland Fire Program.  
Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jamie Phillips-Barnes by phone at 801-538-5421, by FAX at 801-533-4111, or 
by Internet E-mail at jamiebarnes@utah.gov
EFFECTIVE:  09/25/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36854.htm


WILDLIFE RESOURCES
No. 36893 (5-year Review): R657-13. Taking Fish and Crayfish.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Rule R657-13 provides the procedures, standards, and requirements for taking 
fish and crayfish in the state of Utah.  The provisions adopted in this rule 
are effective.  Continuation of this rule is necessary for continued success 
for allowing anglers of Utah to take fish and to protect the resource.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by 
Internet E-mail at stacicoons@utah.gov
EFFECTIVE:  10/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36893.htm

No. 36894 (5-year Review): R657-16. Aquaculture and Fish Stocking.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Rule R657-16 provides the procedures, standards, and requirements for:  
institutional aquaculture, private fish ponds, short-term fishing events, 
private fish stocking, and displaying aquaculture products or aquatic 
wildlife in aquaria. The provisions adopted in this rule are effective.  
Continuation of this rule is necessary for continued success for allowing 
institutional and private fish ponds, and short-term fishing events.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by 
Internet E-mail at stacicoons@utah.gov
EFFECTIVE:  10/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36894.htm

No. 36895 (5-year Review): R657-52. Commercial Harvesting of Brine Shrimp and 
Brine Shrimp Eggs.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
Rule R657-52 provides the procedures, standards, and requirements for 
commercially harvesting brine shrimp and brine shrimp eggs.  The provisions 
adopted in this rule are effective.  Continuation of this rule is necessary 
for continued success in protecting, conserving, and managing the brine 
shrimp resource.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by 
Internet E-mail at stacicoons@utah.gov
EFFECTIVE:  10/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36895.htm



REGENTS (BOARD OF)
COLLEGE OF EASTERN UTAH
No. 36902 (5-year Review): R767-1. Government Records Access and Management 
Act.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
The rule is enacted according to Sections 63G-2-204 and 63A-12-104.  As a 
public institution of higher learning, the College is required to comply with 
the laws.  Therefore, this rule should be continued.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Jan Young by phone at 435-613-5205, by FAX at 435-613-5814, or by Internet 
E-mail at jan.young@ceu.edu
EFFECTIVE:  10/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36902.htm



TECHNOLOGY SERVICES
ADMINISTRATION
No. 36896 (5-year Review): R895-12. Telecommunications Services and 
Requirements.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  As 
provided in Section 63F-1-206, all state agencies must subscribe to the 
telecommunications services of the Department of Technology Services, unless 
excepted by law.  The purpose of this rule is to specify the standards and 
procedures required of state agencies for telecommunications services.  
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:  10/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36896.htm



TRANSPORTATION
OPERATIONS, AERONAUTICS
No. 36899 (5-year Review): R914-1. Rules and Regulations.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule should continue in effect to enable the department to meets its 
statutory obligation to regulate the use, licensing and supervision of 
airports, govern the establishment, location and use of air navigational 
aids, and establish minimum standards for operational safety.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by 
Internet E-mail at cwnewman@utah.gov
EFFECTIVE:  10/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36899.htm

No. 36900 (5-year Review): R914-2. Safety Rules and Procedures for Aircraft 
Operations on Roads.
REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS 
WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY:  
This rule should continue in effect to enable the department to meet its 
statutory obligation to regulate aircraft operations on county roads.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Christine Newman by phone at 801-965-4026, by FAX at 801-965-4338, or by 
Internet E-mail at cwnewman@utah.gov
EFFECTIVE:  10/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36900.htm




5.  NOTICES OF FIVE-YEAR REVIEW EXTENSIONS

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

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

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


HEALTH
FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES
No. 36880 (Five-Year Extension): R426-2. Air Medical Service Rules.
EXTENSION REASON:  The Division is in the process of repealing and proposing 
new rules for all its rules.  An extension is requested so they can go 
through the repeal process on this rule.  New deadline is:  02/23/2013.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Doug Springmeyer by phone at 801-538-6971, by FAX at 801-538-6306, or by 
Internet E-mail at dspringm@utah.gov
- Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet 
E-mail at gdansie@utah.gov
EFFECTIVE:  09/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36880.htm

No. 36881 (Five-Year Extension): R426-6. Emergency Medical Services 
Competitive Grants Program Rules.
EXTENSION REASON:  The Division is in the process of repealing and proposing 
new rules for all its rules.  An extension is requested so they can go 
through the repeal process on this rule.  New deadline is:  02/28/2013.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Doug Springmeyer by phone at 801-538-6971, by FAX at 801-538-6306, or by 
Internet E-mail at dspringm@utah.gov
- Guy Dansie by phone at 801-273-6671, by FAX at 801-273-4165, or by Internet 
E-mail at gdansie@utah.gov
EFFECTIVE:  09/28/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36881.htm



REGENTS (BOARD OF)
UNIVERSITY OF UTAH, COMMUTER SERVICES
No. 36897 (Five-Year Extension): R810-1. University of Utah Parking 
Regulations.
EXTENSION REASON:  There has been a change in personnel at Commuter Services 
and they need time to train the new person.  New deadline is 02/02/2013.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Solomon Brumbaugh by phone at 801-587-9394, by FAX at 801-587-9667, or by 
Internet E-mail at solomon.brumbaugh@utah.edu
EFFECTIVE:  10/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36897.htm

No. 36898 (Five-Year Extension): R810-8. Vendor Regulations.
EXTENSION REASON:  There has been a change in personnel at Commuter Services 
and they need time to train the new person.  New deadline is 02/02/2013.
DIRECT QUESTIONS REGARDING THIS RULE TO:
- Solomon Brumbaugh by phone at 801-587-9394, by FAX at 801-587-9667, or by 
Internet E-mail at solomon.brumbaugh@utah.edu
EFFECTIVE:  10/01/2012
FOR THE FULL TEXT OF THIS DOCUMENT, VISIT:
http://www.rules.utah.gov/publicat/bulletin/2012/20121015/36898.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
OCCUPATIONAL AND PROFESSIONAL LICENSING
No. 36551  (AMD): R156-1.  General Rule of the Division of Occupational and 
Professional Licensing
Published:  08/15/2012
Effective:  09/24/2012

No. 36552  (AMD): R156-15A.  State Construction Code Administration and 
Adoption of Approved State Construction Code Rule
Published:  08/15/2012
Effective:  09/24/2012


REAL ESTATE
No. 36449  (AMD): R162-2e.  Appraisal Management Company Administrative Rules
Published:  08/01/2012
Effective:  09/26/2012



EDUCATION
ADMINISTRATION
No. 36591  (AMD): R277-101.  Utah State Board of Education Procedures
Published:  08/15/2012
Effective:  09/21/2012

No. 36592  (AMD): R277-103.  USOE Government Records and Management Act
Published:  08/15/2012
Effective:  09/21/2012

No. 36594  (AMD): R277-110.  Legislative Supplemental Salary Adjustment
Published:  08/15/2012
Effective:  09/21/2012

No. 36595  (AMD): R277-115-1.  Definitions
Published:  08/15/2012
Effective:  09/21/2012

No. 36598  (AMD): R277-116.  Utah State Board of Education Internal Audit 
Procedure
Published:  08/15/2012
Effective:  09/21/2012

No. 36599  (AMD): R277-400.  School Emergency Response Plans
Published:  08/15/2012
Effective:  09/21/2012

No. 36600  (AMD): R277-410.  Accreditation of Schools
Published:  08/15/2012
Effective:  09/21/2012

No. 36601  (REP): R277-411.  Elementary School Accreditation
Published:  08/15/2012
Effective:  09/21/2012

No. 36602  (REP): R277-412.  Junior High and Middle School Accreditation
Published:  08/15/2012
Effective:  09/21/2012

No. 36603  (REP): R277-413.  Accreditation of Secondary Schools
Published:  08/15/2012
Effective:  09/21/2012



ENVIRONMENTAL QUALITY
AIR QUALITY
No. 36176  (CPR): R307-801.  Utah Asbestos Rule
Published:  08/15/2012
Effective:  10/01/2012

No. 36176  (R&R): R307-801.  Asbestos
Published:  06/01/2012
Effective:  10/01/2012


WATER QUALITY
No. 36502  (AMD): R317-1-7.  TMDLs
Published:  08/01/2012
Effective:  09/26/2012



GOVERNOR
ENERGY DEVELOPMENT (OFFICE OF)
No. 36548  (NEW): R362-1.  Qualification for the Alternative Energy 
Development Tax Credit
Published:  08/15/2012
Effective:  09/24/2012



HEALTH
ADMINISTRATION
No. 36432  (NEW): R380-41.  Governance Committee Electronic Meetings
Published:  07/15/2012
Effective:  09/20/2012


HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY
No. 36444  (AMD): R414-303.  Coverage Groups
Published:  07/15/2012
Effective:  10/01/2012

No. 36443  (AMD): R414-307.  Eligibility for Home and Community-Based 
Services Waivers
Published:  07/15/2012
Effective:  10/01/2012

No. 36566  (AMD): R414-308-3.  Application and Signature
Published:  08/15/2012
Effective:  10/01/2012

No. 36565  (AMD): R414-310.  Medicaid Primary Care Network Demonstration 
Waiver
Published:  08/15/2012
Effective:  10/01/2012

No. 36564  (AMD): R414-320.  Medicaid Health Insurance Flexibility and 
Accountability Demonstration Waiver
Published:  08/15/2012
Effective:  10/01/2012

No. 36563  (AMD): R414-320-10.  Income Provisions
Published:  08/15/2012
Effective:  10/01/2012

No. 36427  (NEW): R414-509.  Medicaid Autism Waiver Open Enrollment Process
Published:  07/15/2012
Effective:  10/01/2012


FAMILY HEALTH AND PREPAREDNESS, LICENSING
No. 36445  (AMD): R432-270.  Assisted Living Facilities
Published:  08/01/2012
Effective:  09/25/2012



PUBLIC SAFETY
DRIVER LICENSE
No. 36503  (AMD): R708-41-4.  Obtaining a Utah Learner Permit, Provisional 
License Certificate, Regular License Certificate, Limited-Term License 
Certificate, Driving Privilege Card, CDL Certificate, Limited-Term CDL 
Certificate, Identification Card, or Limited-Term Identification Card
Published:  08/15/2012
Effective:  09/21/2012



PUBLIC SERVICE COMMISSION
ADMINISTRATION
No. 36214  (NEW): R746-313.  Electric Service Reliability
Published:  06/01/2012
Effective:  09/24/2012

No. 36214  (CPR): R746-313.  Electric Service Reliability
Published:  08/15/2012
Effective:  09/24/2012



REGENTS (BOARD OF)
ADMINISTRATION
No. 36447  (REP): R765-626.  Lender-of-Last-Resort Program
Published:  08/01/2012
Effective:  10/01/2012



TAX COMMISSION
ADMINISTRATION
No. 36546  (AMD): R861-1A-12.  Policies and Procedures Regarding Public 
Disclosure Pursuant to Utah Code Ann. Section 59-1-210
Published:  08/15/2012
Effective:  09/27/2012


MOTOR VEHICLE
No. 36547  (AMD): R873-22M-42.  Issuance of Nonrepairable Certificate in 
Certain Circumstances Pursuant to Utah Code Ann. Section 41-1a-1005.5
Published:  08/15/2012
Effective:  10/01/2012



TRANSPORTATION
PRECONSTRUCTION, RIGHT-OF-WAY ACQUISITION
No. 36606  (AMD): R933-3-4.  When Access is Controlled
Published:  08/15/2012
Effective:  09/24/2012



WORKFORCE SERVICES
EMPLOYMENT DEVELOPMENT
No. 36498  (AMD): R986-700-716.  CC in Unusual Circumstances
Published:  08/01/2012
Effective:  09/18/2012

No. 36621  (AMD): R986-900-902.  Options and Waivers
Published:  08/15/2012
Effective:  10/01/2012


UNEMPLOYMENT INSURANCE
No. 36613  (AMD): R994-201-101.  General Definitions and Acronyms
Published:  08/15/2012
Effective:  09/27/2012

No. 36619  (AMD): R994-403.  Claim for Benefits
Published:  08/15/2012
Effective:  10/01/2012




7.  RULES INDEX

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


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