Utah State Digest, Vol. 2013, No. 3 (February 1, 2013) [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.] ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed January 1, 2013, 12:00 AM through January 15, 2013, 11:59 PM Volume 2013, No. 3 February 1, 2013 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. Additional rulemaking information, and electronic versions of all administrative rule publications are available at: http://www.rules.utah.gov/ . The Digest is available free of charge online at http://www.rules.utah.gov/publicat/digest.htm and by E-mail Listserv. ************************************************ Division of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** 1. 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 January 1, 2013, 12:00 a.m., and January 15, 2013, 11:59 p.m. are summarized in this, the February 1, 2013, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the February 1, 2013, issue of the Utah State Bulletin until at least March 4, 2013 (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 June 1, 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 OCCUPATIONAL AND PROFESSIONAL LICENSING No. 37199 (Amendment): R156-1-102. Definitions. SUMMARY OF THE RULE OR CHANGE: In Subsection R156-1-102(16), the definition of "mitigating circumstances" is expanded to specify the arguments and evidence that may not be considered in an informal disciplinary proceeding brought on the basis of a prior criminal case or disciplinary action (a proceeding referred to as "reciprocal discipline" by the Division). Well- established case law prohibits the relitigation of the prior case. The proposed rule amendments codify this case law by specifying that procedural and evidentiary arguments regarding the fairness, appropriateness, or validity of a prior proceeding may not be considered as establishing a mitigating circumstance. 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. It is also anticipated that the state will experience a savings in the form of increased efficiency in adjudicating reciprocal discipline matters. The proposed amendments will focus these informal proceedings on the relevant issues, relieving the state's counsel from having to file briefs and engage in oral argument on a case-by-case basis whenever a respondent attempts to relitigate a prior proceeding. - LOCAL GOVERNMENTS: Local government is not required to comply with or enforce this administrative rule. Therefore, no fiscal impact to local government is anticipated. - SMALL BUSINESSES: A small business that is named as a respondent in a reciprocal discipline proceeding should experience a cost savings insofar as the rule amendments will help the business focus its defense on relevant matters, rather than going to the expense and trouble of briefing arguments that, pursuant to well-established case law, may not be considered. The Division, however, is not able to quantify an exact amount of cost savings due to varying factors. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: An affected person who is named as a respondent in a reciprocal discipline proceeding should experience a cost savings insofar as the rule amendments will help the person focus the person's defense on relevant matters, rather than going to the expense and trouble of briefing arguments that, pursuant to a well-established case law, may not be considered. The Division, however, is not able to quantify an exact amount of cost savings due to varying factors. COMPLIANCE COSTS FOR AFFECTED PERSONS: To comply, affected persons must focus their arguments in a reciprocal discipline case on relevant issues. There are no costs beyond those normally associated with preparing a case for hearing. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As stated in the rule analysis, the proposed filing codifies the existing case law that prohibits a respondent from relitigating a prior criminal case or disciplinary action before a licensing board. It is possible that affected businesses will experience reduced litigation expenses by complying with the rule and properly focusing their defense at the outset of an administrative disciplinary case. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/04/2013 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: 03/11/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130201/37199.htm No. 37202 (New Rule): R156-82. Electronic Prescribing Act Rule. SUMMARY OF THE RULE OR CHANGE: Section R156-82-101 establishes the title for the rule. Section R156-82-103 establishes the authority of the Division to enact the rule. Section R156-82-201 explains the security requirements to transmit and receive electronic prescriptions. Section R156-82-202 describes the practitioner's requirements to inform their patients of their rights, restrictions, and responsibilities. Section R156-82-203 explains that the Division may grant waivers. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $50 to print and distribute the new rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: The proposed new rule only applies to licensees who prescribe drugs in the normal course of their employment, licensed pharmacists who fill said prescriptions, and applicants in those license classifications. As a result, the proposed new rule does not apply to local governments. - SMALL BUSINESSES: The proposed new rule only applies to licensees who prescribe drugs in the normal course of their employment., licensed pharmacists who fill said prescriptions, and applicants in those license classifications. Those who are affected have the right to request a waiver for financial hardship with the Division. Any costs associated with the implementation of the governing statute, Title 58, Chapter 82, would have been addressed when the statute was initially passed by the Legislature in 2009 in HB 128. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed new rule only applies to licensees who prescribe drugs in the normal course of their employment., licensed pharmacists who fill said prescriptions, and applicants in those license classifications. Those who are affected have the right to request a waiver for financial hardship with the Division. Any costs associated with the implementation of the governing statute, Title 58, Chapter 82, would have been addressed when the statute was initially passed by the Legislature in 2009 in HB 128. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed new rule only applies to licensees who prescribe drugs in the normal course of their employment., licensed pharmacists who fill said prescriptions, and applicants in those license classifications. Those who are affected have the right to request a waiver for financial hardship with the Division. Any costs associated with the implementation of the governing statute, Title 58, Chapter 82, would have been addressed when the statute was initially passed by the Legislature in 2009 in HB 128. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Many businesses have the software and other technology in place that is required to facilitate electronic prescribing. These businesses will not experience any fiscal impact from this rule filing. Businesses that do not have the necessary technology will incur costs if they choose to implement electronic prescribing. Those costs will vary and cannot be estimated. Any business that does not wish to incur such costs may obtain a waiver from the Division and continue to prescribe according to its current practice. Therefore, any fiscal impact will be incurred voluntarily, if at all. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/04/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Steinagel by phone at 801-530-6292, by FAX at 801-530-6511, or by Internet E-mail at msteinagel@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 02/25/2013 11:00 PM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 03/11/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130201/37202.htm ENVIRONMENTAL QUALITY RADIATION CONTROL No. 37189 (Amendment): R313-12. General Provisions. SUMMARY OF THE RULE OR CHANGE: S.B. 21 (2012) gave authority to the Director of the Division of Radiation Control to make many regulatory decisions that had previously been made either by the Radiation Control Board or by the Executive Secretary of the Radiation Control Board. This rule change implements these statutory changes by replacing occurrences of both "executive secretary" and "board" with "director." Definitions are added for "director" and "division." The definition for "executive secretary" is removed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as this amendment only changes who has authority to make regulatory decisions. - LOCAL GOVERNMENTS: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. - SMALL BUSINESSES: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons as this amendment only changes who has authority to make regulatory decisions. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no anticipated fiscal impact on businesses as this amendment only changes who has authority to make regulatory decisions. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/04/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Jones by phone at 801-536-4264, by FAX at 801-533-4097, or by Internet E-mail at cwjones@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/19/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130201/37189.htm No. 37190 (Amendment): R313-14. Violations and Escalated Enforcement. SUMMARY OF THE RULE OR CHANGE: S.B. 21 (2012) gave authority to the Director of the Division of Radiation Control to make many regulatory decisions that had previously been made either by the Radiation Control Board or by the Executive Secretary of the Radiation Control Board. This rule change implements these statutory changes by replacing occurrences of both "executive secretary" and "board" with "director." Responsibilities of the "executive secretary" are removed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as this amendment only changes who has authority to make regulatory decisions. - LOCAL GOVERNMENTS: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. - SMALL BUSINESSES: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons as this amendment only changes who has authority to make regulatory decisions. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no anticipated fiscal impact on businesses as this amendment only changes who has authority to make regulatory decisions. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/04/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Jones by phone at 801-536-4264, by FAX at 801-533-4097, or by Internet E-mail at cwjones@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/19/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130201/37190.htm No. 37191 (Amendment): R313-15. Standards for Protection Against Radiation. SUMMARY OF THE RULE OR CHANGE: S.B. 21 (2012) gave authority to the Director of the Division of Radiation Control to make many regulatory decisions that had previously been made either by the Radiation Control Board or by the Executive Secretary of the Radiation Control Board. This rule change implements these statutory changes by replacing occurrences of both "executive secretary" and "board" with "director." Sections R313-15-1104 and R313-15-1401 were deleted. They were identified as unnecessary as part of Governor Herbert's "Business Regulation Review". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as this amendment only changes who has authority to make regulatory decisions. - LOCAL GOVERNMENTS: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. - SMALL BUSINESSES: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons as this amendment only changes who has authority to make regulatory decisions. The requirements for leak testing sealed sources and for maintaining records of leak tests are currently required for affected persons through license conditions. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no anticipated fiscal impact on businesses as this amendment only changes who has authority to make regulatory decisions and leak tests are currently required through license conditions. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/04/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Jones by phone at 801-536-4264, by FAX at 801-533-4097, or by Internet E-mail at cwjones@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/19/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130201/37191.htm No. 37192 (Amendment): R313-17. Administrative Procedures. SUMMARY OF THE RULE OR CHANGE: S.B. 21 (2012) gave authority to the Director of the Division of Radiation Control to make many regulatory decisions that had previously been made either by the Radiation Control Board or by the Executive Secretary of the Radiation Control Board. This rule change implements these statutory changes by replacing occurrences of both "executive secretary" and "board" with "director." Some citations to Title 63G, Chapter 4, were deleted and the correct citations were added. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as this amendment only changes who has authority to make regulatory decisions. - LOCAL GOVERNMENTS: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. - SMALL BUSINESSES: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons as this amendment only changes who has authority to make regulatory decisions. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no anticipated fiscal impact on businesses as this amendment only changes who has authority to make regulatory decisions. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/04/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Jones by phone at 801-536-4264, by FAX at 801-533-4097, or by Internet E-mail at cwjones@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/19/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130201/37192.htm No. 37193 (Amendment): R313-18. Notices, Instructions and Reports to Workers by Licensees or Registrants--Inspections. SUMMARY OF THE RULE OR CHANGE: S.B. 21 (2012) gave authority to the Director of the Division of Radiation Control to make many regulatory decisions that had previously been made either by the Radiation Control Board or by the Executive Secretary of the Radiation Control Board. This rule change implements these statutory changes by replacing occurrences of both "executive secretary" and "board" with "director." ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as this amendment only changes who has authority to make regulatory decisions. - LOCAL GOVERNMENTS: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. - SMALL BUSINESSES: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons as this amendment only changes who has authority to make regulatory decisions. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no anticipated fiscal impact on businesses as this amendment only changes who has authority to make regulatory decisions. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/04/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Jones by phone at 801-536-4264, by FAX at 801-533-4097, or by Internet E-mail at cwjones@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/19/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130201/37193.htm No. 37194 (Amendment): R313-19. Requirements of General Applicability to Licensing of Radioactive Material. SUMMARY OF THE RULE OR CHANGE: S.B. 21 (2012) gave authority to the Director of the Division of Radiation Control to make many regulatory decisions that had previously been made either by the Radiation Control Board or by the Executive Secretary of the Radiation Control Board. This rule change implements these statutory changes by replacing occurrences of both "executive secretary" and "board" with "director." ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as this amendment only changes who has authority to make regulatory decisions. - LOCAL GOVERNMENTS: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. - SMALL BUSINESSES: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons as this amendment only changes who has authority to make regulatory decisions. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no anticipated fiscal impact on businesses as this amendment only changes who has authority to make regulatory decisions. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/04/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Jones by phone at 801-536-4264, by FAX at 801-533-4097, or by Internet E-mail at cwjones@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/19/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130201/37194.htm No. 37195 (Amendment): R313-22. Specific Licenses. SUMMARY OF THE RULE OR CHANGE: S.B. 21 (2012) gave authority to the Director of the Division of Radiation Control to make many regulatory decisions that had previously been made either by the Radiation Control Board or by the Executive Secretary of the Radiation Control Board. This rule change implements these statutory changes by replacing occurrences of both "executive secretary" and "board" with "director." ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as this amendment only changes who has authority to make regulatory decisions. - LOCAL GOVERNMENTS: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. - SMALL BUSINESSES: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons as this amendment only changes who has authority to make regulatory decisions. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no anticipated fiscal impact on businesses as this amendment only changes who has authority to make regulatory decisions. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/04/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Jones by phone at 801-536-4264, by FAX at 801-533-4097, or by Internet E-mail at cwjones@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/19/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130201/37195.htm No. 37196 (Amendment): R313-24. Uranium Mills and Source Material Mill Tailings Disposal Facility Requirements. SUMMARY OF THE RULE OR CHANGE: S.B. 21 (2012) gave authority to the Director of the Division of Radiation Control to make many regulatory decisions that had previously been made either by the Radiation Control Board or by the Executive Secretary of the Radiation Control Board. This rule change implements these statutory changes by replacing occurrences of both "executive secretary" and "board" with "director." ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as this amendment only changes who has authority to make regulatory decisions. - LOCAL GOVERNMENTS: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. - SMALL BUSINESSES: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons as this amendment only changes who has authority to make regulatory decisions. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no anticipated fiscal impact on businesses as this amendment only changes who has authority to make regulatory decisions. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/04/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Jones by phone at 801-536-4264, by FAX at 801-533-4097, or by Internet E-mail at cwjones@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/19/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130201/37196.htm No. 37197 (Amendment): R313-30. Therapeutic Radiation Machines. SUMMARY OF THE RULE OR CHANGE: S.B. 21 (2012) gave authority to the Director of the Division of Radiation Control to make many regulatory decisions that had previously been made either by the Radiation Control Board or by the Executive Secretary of the Radiation Control Board. This rule change implements these statutory changes by replacing occurrences of both "executive secretary" and "board" with "director." In Subsection R313-30- 4(1)(d)(ii), provisions for the Board to grant an exemption were changed so the director may issue a written approval. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as this amendment only changes who has authority to make regulatory decisions. - LOCAL GOVERNMENTS: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. - SMALL BUSINESSES: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons as this amendment only changes who has authority to make regulatory decisions. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no anticipated fiscal impact on businesses as this amendment only changes who has authority to make regulatory decisions. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/04/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Jones by phone at 801-536-4264, by FAX at 801-533-4097, or by Internet E-mail at cwjones@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/19/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130201/37197.htm No. 37198 (Amendment): R313-35. Requirements for X-Ray Equipment Used for Non-Medical Applications. SUMMARY OF THE RULE OR CHANGE: S.B. 21 (2012) gave authority to the Director of the Division of Radiation Control to make many regulatory decisions that had previously been made either by the Radiation Control Board or by the Executive Secretary of the Radiation Control Board. This rule change implements these statutory changes by replacing occurrences of both "executive secretary" and "board" with "director." ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget as this amendment only changes who has authority to make regulatory decisions. - LOCAL GOVERNMENTS: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. - SMALL BUSINESSES: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings as this amendment only changes who has authority to make regulatory decisions. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons as this amendment only changes who has authority to make regulatory decisions. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is no anticipated fiscal impact on businesses as this amendment only changes who has authority to make regulatory decisions. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/04/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Jones by phone at 801-536-4264, by FAX at 801-533-4097, or by Internet E-mail at cwjones@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/19/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130201/37198.htm GOVERNOR ECONOMIC DEVELOPMENT No. 37204 (Repeal): R357-2. Rural Broadband Service Fund. SUMMARY OF THE RULE OR CHANGE: This rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None as the program is no longer being funded. - LOCAL GOVERNMENTS: None as the program is no longer being funded. - SMALL BUSINESSES: None as the program is no longer being funded. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None affected as the program is no longer being funded. COMPLIANCE COSTS FOR AFFECTED PERSONS: None as the program is no longer being funded. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: When conducting the five-year review, the office determined that the program has not been funded for several years, will likely not be funded, and that the rule is no longer needed. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/04/2013 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: 03/11/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130201/37204.htm NATURAL RESOURCES PARKS AND RECREATION No. 37205 (Amendment): R651-633. Special Closures or Restrictions. SUMMARY OF THE RULE OR CHANGE: In January 2012, Snow Canyon State Park received a request from Washington County elected officials to reconsider the closure dates. The parties making the request desired a shorter closure period. A proposal was developed and as required under the Red Cliffs Desert Reserve, went through review by both the Habitat Conservation Advisory and Technical Committees. Three separate alternatives were reviewed. This is an extremely sensitive area due to its riparian habitat and breeding wildlife species. Due to the sensitivity, the technical committee recommended maintaining a reduced seasonal closure date. Although reduced, a seasonal closure would still protect the riparian area from increasing recreational pressure during the most sensitive periods for wildlife which are spring, summer and early fall. Access would be provided from March 15 to September 14 through guided ranger hikes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The agency does not anticipate additional costs or savings to the state budget as a result of this action. The current law enforcement staffing level will remain the same. Officer time will simply be allocated to other management areas of the park. - LOCAL GOVERNMENTS: No cost savings/expenses as local government entities are not funding law enforcement time or other needs for this area of the park. - SMALL BUSINESSES: The agency currently has 13 private business partners under contract with the park. Ten of those business partners utilize this trail/area of the park. The partners provide services such as technical climbing instruction, canyoneering, and guided hikes. This change will likely be profitable for their individual businesses as their access is now expanded. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The general public will benefit as their access has now been expanded. Since this area is currently not a fee area it should not affect revenue either positively or negatively. COMPLIANCE COSTS FOR AFFECTED PERSONS: No compliance costs are foreseen by this action. No special permits, fees, or requirements will be altered by this action. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There should be no impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/04/2013 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: 03/11/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130201/37205.htm 2. NOTICES OF 120-DAY (EMERGENCY) RULES An agency may file a 120-Day (Emergency) Rule when it finds that the regular rulemaking procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because of budget restraints or federal requirements; or (c) place the agency in violation of federal or state law (Subsection 63G-3- 304(1)). A 120-Day Rule is effective at the moment the Division of Administrative Rules receives the filing, or on a later date designated by the agency. A 120-Day Rule is effective for 120 days or until it is superseded by a permanent rule. Because 120-Day Rules are effective immediately, the law does not require a public comment period. However, when an agency files a 120-Day Rule, it usually files a Proposed Rule at the same time, to make the requirements permanent. Comment may be made on the Proposed Rule. Emergency or 120-Day Rules are governed by Section 63G-3-304; and Section R15-4-8. HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 37173 (Emergency Rule): R414-303. Coverage Groups. SUMMARY OF THE RULE OR CHANGE: This change extends Medicaid coverage for TMA and the QI program in accordance with the American Taxpayer Relief Act of 2012, H.R. 8. (DAR NOTE: This emergency rule supersedes the emergency rule filed under DAR No. 37120, effective 01/01/2013, and published in the January 15, 2013, issue of the Bulletin.) EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD cause an imminent budget reduction because of budget restraints or federal requirements; and place the agency in violation of federal or state law. JUSTIFICATION: The Department needs to file this emergency rule to extend coverage of TMA and the QI program. Because Congress did not pass legislation to extend these two programs before 01/01/2013, the Department had to file an emergency rule (Rule R414-303, DAR No. 37120, published in the January 15, 2013, issue of the Bulletin) to end coverage for these two programs and avoid being in violation of federal law. With the passage of Sections 621 and 622 of H.R. 8, this emergency rule restores these programs and supersedes the previous emergency rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this rule simply continues coverage of TMA and the QI program. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund Medicaid services nor determine Medicaid eligibility. - SMALL BUSINESSES: There is no impact to small businesses because this rule simply continues coverage of TMA and the QI program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid recipients because this rule simply continues coverage of TMA and the QI program. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid recipient because this rule simply continues coverage of TMA and the QI program. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Reinstatement of funding under H.R. 8, signed into law on 01/02/2013, allows Medicaid to re-open the eligibility group that had been closed in the prior emergency rule when such funding was not available. 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: 01/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130201/37173.htm No. 37174 (Emergency Rule): R414-306. Program Benefits and Date of Eligibility. SUMMARY OF THE RULE OR CHANGE: This change restores language about the benefits and coverage period for individuals eligible for the QI program in accordance with the American Taxpayer Relief Act of 2012, H.R. 8. (DAR NOTE: This emergency rule supersedes the emergency rule filed under DAR No. 37121, effective 01/01/2013, and published in the January 15, 2013, issue of the Bulletin.) EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD cause an imminent budget reduction because of budget restraints or federal requirements; and place the agency in violation of federal or state law. JUSTIFICATION: The Department needs to file this emergency rule to extend coverage of the QI program. Because Congress did not pass legislation to extend this program before 01/01/2013, the Department had to file an emergency rule (Rule R414-306, DAR No. 37121, published in the January 15, 2013, issue of the Bulletin) to remove language that extends this program and avoid being in violation of federal law. With the passage of Section 621 of H.R. 8, this emergency rule restores language that extends this program and supersedes the previous emergency rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this rule simply continues coverage of the QI program. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund Medicaid services nor determine Medicaid eligibility. - SMALL BUSINESSES: There is no impact to small businesses because this rule simply continues coverage of the QI program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid recipients because this rule simply continues coverage of the QI program. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid recipient because this rule simply continues coverage of the QI program. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Reinstatement of funding under H.R. 8, signed into law on 01/01/2013, allows Medicaid to re-open the eligibility group that had been closed in the prior emergency rule when such funding was not available. 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: 01/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130201/37174.htm 3. FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to remove obsolete rules from the Utah Administrative Code. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Notice of Review and Statement of Continuation (Notice); or amend the rule by filing a Proposed Rule and by filing a Notice. By filing a Notice, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the most recent edition of the Utah Administrative Code. The rule text may also be inspected at the agency or the Division of Administrative Rules. Notices are effective upon filing. Notices are governed by Section 63G-3-305. HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 37177 (5-year Review): R414-27. Medicaid Certification of Nursing Care Facilities. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department filed a change to the proposed rule to address the written comments. The Department will continue this rule because it provides cost effective services to nursing facility residents and governs the certification of nursing care facilities to receive Medicaid payments for services to Medicaid eligible individuals. 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: 01/09/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130201/37177.htm HUMAN SERVICES RECOVERY SERVICES No. 37164 (5-year Review): R527-39. Applicant/Recipient Cooperation. 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 of the laws that require ORS to determine and redetermine whether an applicant or recipient of cash assistance or Medicaid is cooperating. The rule provides the office with the requirements that are necessary for the recipient/applicant to be considered cooperating. Also, this rule provides the applicant/recipient the additional option to contest a non-cooperation determination informally at the agency level rather than proceeding under the Utah Administrative Procedures Act or through the district court. In addition, the rule provides each progressive level of appeal. DIRECT QUESTIONS REGARDING THIS RULE TO: - Shancie Nance by phone at 801-536-8191, by FAX at 801-536-8509, or by Internet E-mail at snance@utah.gov EFFECTIVE: 01/02/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130201/37164.htm No. 37165 (5-year Review): R527-56. In-kind Support. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule defines in-kind payments and establishes when and under what conditions the ORS is required to give the non-custodial parent credit for in-kind support payments. It also describes the conditions for ORS to require payment of court ordered cash support in case only, and when to take action to recover the case equivalent of "in-kind support" that has been paid to the custodial parent. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Shancie Nance by phone at 801-536-8191, by FAX at 801-536-8509, or by Internet E-mail at snance@utah.gov EFFECTIVE: 01/02/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130201/37165.htm No. 37168 (5-year Review): R527-305. High-Volume, Automated Administrative Enforcement in Interstate Child Support Cases. 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 to be continued because it provides and establishes procedures for the Office of Recovery Services to provide services to another state IV-D child support agency requesting High-Volume Automated Administrative Enforcement. It also states that an automated interstate enforcement request is given the same priority as a regular interstate case that is referred to the Office by another state for collection services, or establishment, modification, or registration of an order. DIRECT QUESTIONS REGARDING THIS RULE TO: - LeAnn Wilber by phone at 801-536-8950, by FAX at 801-536-8509, or by Internet E-mail at lwilber@utah.gov EFFECTIVE: 01/03/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130201/37168.htm No. 37169 (5-year Review): R527-430. Administrative Notice of Lien-Levy 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 based on Section 62A-11-304.1, which is still in effect and the lien-levy procedures described in the rule are reflected in current ORS policy and procedures. The rule establishes procedures regarding the release of funds to an unobligated spouse when the unobligated spouse is a co-owner of a financial account or joint-recipient of certain non-means tested payments and contests a lien-levy action upon any of those assets. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - LeAnn Wilber by phone at 801-536-8950, by FAX at 801-536-8509, or by Internet E-mail at lwilber@utah.gov EFFECTIVE: 01/03/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130201/37169.htm INSURANCE ADMINISTRATION No. 37171 (5-year Review): R590-157. Surplus Lines Insurance Premium Tax and Stamping Fee. 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 provides procedures and reporting forms to be used by insurers, brokers, and policyholders in calculating the tax due. As a result of the regulation, all who charge the tax, use the same calculation to determine the amount of the fee. It makes the payment uniform and fair. 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: 01/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130201/37171.htm No. 37176 (5-year Review): R590-218. Permitted Language for Reservation of Discretion Clauses. 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 creates a safe harbor for insurance companies that provide insurance to ERISA employee benefit plans sponsored by employers, allowing insurers to know what language in insurance forms is acceptable to the department. 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: 01/09/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130201/37176.htm No. 37172 (5-year Review): R590-243. Commercial Motor Vehicle Insurance Coverage. 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 of this rule is to define commercial motor vehicle insurance coverage as it applies to motor vehicle insurance reporting. 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: 01/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130201/37172.htm NATURAL RESOURCES WILDLIFE RESOURCES No. 37203 (5-year Review): R657-58. Fishing Contests and Clinics. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-58 provides the procedures, standards, and requirements for holding a fishing contest or clinic on a body of water 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: 01/15/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130201/37203.htm 4. NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to file a notice of effective date any time after the close of comment plus seven days. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to file a notice of effective date on any date including or after the thirtieth day after the rule's publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses and the agency must start the rulemaking process over. Notices of Effective Date are governed by Subsection 63G-3-301(12), 63G-3- 303, and Sections R15-4-5a and 5b. AGRICULTURE AND FOOD ANIMAL INDUSTRY No. 36962 (AMD): R58-21.Trichomoniasis Published: 11/15/2012 Effective: 01/04/2013 CAPITOL PRESERVATION BOARD (STATE) ADMINISTRATION No. 37064 (AMD): R131-2.Capitol Hill Complex Facility Use Published: 12/01/2012 Effective: 01/07/2013 COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 37040 (AMD): R156-37.Utah Controlled Substances Act Rule Published: 12/01/2012 Effective: 01/08/2013 No. 37039 (NEW): R156-37f.Controlled Substance Database Act Rule Published: 12/01/2012 Effective: 01/08/2013 REAL ESTATE No. 36973 (AMD): R162-2g.Real Estate Appraiser Licensing and Certification Administrative Rules Published: 11/15/2012 Effective: 01/02/2013 SECURITIES No. 37042 (AMD): R164-31-1.Guidelines for the Assessment of Administrative Fines Published: 12/01/2012 Effective: 01/08/2013 CRIME VICTIM REPARATIONS ADMINISTRATION No. 37061 (AMD): R270-1.Award and Reparation Standards Published: 12/01/2012 Effective: 01/07/2013 No. 37063 (AMD): R270-2.Crime Victim Reparations Adjudicative Proceedings Published: 12/01/2012 Effective: 01/07/2013 EDUCATION ADMINISTRATION No. 37058 (AMD): R277-502.Educator Licensing and Data Retention Published: 12/01/2012 Effective: 01/07/2013 No. 37059 (AMD): R277-509.Licensure of Student Teachers and Interns Published: 12/01/2012 Effective: 01/07/2013 HEALTH HEALTH CARE FINANCING No. 37045 (AMD): R410-14.Administrative Hearing Procedures Published: 12/01/2012 Effective: 01/09/2013 NATURAL RESOURCES PARKS AND RECREATION No. 36856 (REP): R651-408.Off-Highway Vehicle Education Curriculum Standards Published: 10/15/2012 Effective: 01/15/2013 PUBLIC SERVICE COMMISSION ADMINISTRATION No. 37041 (AMD): R746-320.Uniform Rules Governing Natural Gas Service Published: 12/01/2012 Effective: 01/07/2013 TAX COMMISSION ADMINISTRATION No. 36991 (AMD): R861-1A-12.Policies and Procedures Regarding Public Disclosure Pursuant to Utah Code Ann. Sections 41-3-209, 59-1-210, 59-1-403, and 59-1-405 Published: 11/15/2012 Effective: 01/10/2013 WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 37025 (AMD): R986-700-710.Income Limits for ES CC Published: 11/15/2012 Effective: 01/02/2013 No. 37067 (AMD): R986-900-902.Options and Waivers Published: 12/01/2012 Effective: 01/08/2013 UNEMPLOYMENT INSURANCE No. 37066 (AMD): R994-305.Collection of Contributions Published: 12/01/2012 Effective: 01/08/2013 No. 37023 (AMD): R994-305-1201.Offer in Compromise Published: 11/15/2012 Effective: 01/02/2013 No. 37024 (AMD): R994-406.Fraud, Fault and Nonfault Overpayments Published: 11/15/2012 Effective: 01/02/2013 5. RULES INDEX The Rules Index is a cumulative index that reflects all effective Utah administrative rules. The Rules Index is not included Digest. However, a copy of the current Rules Index is available http://www.rules.utah.gov/research.htm . <>