Utah State Digest, Vol. 2013, No. 4 (February 15, 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 16, 2013, 12:00 AM through February 1, 2013, 11:59 PM Volume 2013, No. 4 February 15, 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, 4120 State Office Building, Salt Lake City, Utah 84114-1201, telephone 801-538-3218, FAX 801-359-0759. Additional rulemaking information, and electronic versions of all administrative rule publications are available at: http://www.rules.utah.gov/ . The Digest is available free of charge online at http://www.rules.utah.gov/publicat/digest.htm and by E-mail Listserv. ************************************************ Division of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** 1. SPECIAL NOTICES Notice for March 2013 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/2013/20130215/sn153736.htm 2. EXECUTIVE DOCUMENTS As part of his or her constitutional duties, the Governor periodically issues Executive Documents comprised of Executive Orders, Proclamations, and Declarations. "Executive Orders" set policy for the Executive Branch; create boards and commissions; provide for the transfer of authority; or otherwise interpret, implement, or give administrative effect to a provision of the Constitution, state law or executive policy. "Proclamations" call special or extraordinary legislative sessions; designate classes of cities; publish states-of-emergency; promulgate other official formal public announcements or functions; or publicly avow or cause certain matters of state government to be made generally known. "Declarations" designate special days, weeks or other time periods; call attention to or recognize people, groups, organizations, functions, or similar actions having a public purpose; or invoke specific legislative purposes (such as the declaration of an agricultural disaster). The Governor's Office staff files Executive Documents that have legal effect with the Division of Administrative Rules for publication and distribution. All orders issued by the Governor not in conflict with existing laws have the full force and effect of law during a state of emergency when a copy of the order is filed with the Division of Administrative Rules. (See Section 63K-4- 401). Governor's Executive Order EO/001/2013: Declaring A Liquid Petroleum Emergency - Fran Stultz by phone at 801-538-1514, by FAX at 801-538-1528, or by Internet E-mail at Fstultz@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/execdocs/2013/ExecDoc153770.htm 3. 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 16, 2013, 12:00 a.m., and February 1, 2013, 11:59 p.m. are summarized in this, the February 15, 2013, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the February 15, 2013, issue of the Utah State Bulletin until at least March 18, 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 15, 2013, the agency may notify the Division of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Division of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses and the agency must start the process over. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301; Rule R15-2; and Sections R15-4-3, R15-4-4, R15-4-5, R15-4-9, and R15-4-10. AGRICULTURE AND FOOD ANIMAL INDUSTRY No. 37248 (Repeal and Reenact): R58-6. Poultry. SUMMARY OF THE RULE OR CHANGE: Repeals and reenacts Rule R58-6 with the following: 1) the new Section R58-6-1 covers authority (Section 4-31-119) and intent and does not include the reference to Section 4-29-1 from the current rule; 2) the new Section R58-6-2 covers all the definitions used in rule and does not include the section language used in the current rule; 3) the new Section R58-6-3 covers the importation requirements for eggs and poultry and identification requirements and does not include the section title and language used in the current rule; 4) the new Section R58-6-4 covers the quarantine and handling of diseased poultry within the State of Utah and does not include the section title and language used in the current rule; 5) the new Section R58-6-5 covers the requirements of applying for and duties of an individual that acts as poultry dealer and does not include the section title and language used in the current rule; 6) the new Section R58-6-6 covers the requirements of applying for and duties of an individual that operates a poultry hatchers and does not include the section title and language used in the current rule; 7) the new Section R58-6-7 covers the release of gamebirds into the wild and the prohibition of live bird markets in the State of Utah and does not include the section title and language used in the current rule; 8) the new Section R58-6-8 covers the requirements to participate in the National Poultry Improvement Plant (NPIP) and does not include the section title and language used in the current rule; and 9) does not include the current Section R58-6-9. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Changes to Rule R58-6 will not change the budgetary requirements for the Department of Agriculture and Food. Rule R58-6 will add a minimal amount to the general fund by an increase in the collection of fees from those persons licensing as poultry dealers and those that operate poultry hatcheries. - LOCAL GOVERNMENTS: There is hope that the new rule will actually decrease the public health expenditures of local health departments by decreasing the poultry acquired enteric disease in humans. - SMALL BUSINESSES: This rule will affect those individuals that are required to be licensed as poultry dealers and those that operate poultry hatcheries. The license fees will be kept to a minimum. The only other costs to these individuals will be minimal cost for printing of material and to provide hand washing materials. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change will not affect any other entities other than those individual businesses listed under "Small businesses" above. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs for both poultry dealers and individuals that operate hatcheries include printing costs of those they have printed for distribution to the purchasers of the poultry. Poultry dealers will also be required to provide signage and hand washing materials anytime they display poultry to the public. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The changes to Rule R58-6 will have minimal impact on businesses. The changes are being required in an effort to reduce the incidence of enteric diseases in humans as the result of handling recently purchased baby poultry. This rule change was presented to the Agricultural Advisory board on 01/22/2013 and was approved. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/18/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bruce King by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet E-mail at bking@utah.gov - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Kyle Stephens by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at kylestephens@utah.gov - Wyatt Frampton by phone at 801-538-7165, by FAX at 801-538-7169, or by Internet E-mail at wframpton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/25/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37248.htm No. 37246 (Amendment): R58-18. Elk Farming. SUMMARY OF THE RULE OR CHANGE: Section R58-18-4 is modified to conform to the statute that requires the license renewal application to be submitted to the Department by April 30th of each year. Subsection R58-18-6(1)(g) requires the Certificate of Veterinary Inspection for purchased elk from out of state to be retained as part of the inventory records. Subsection R58-18- 9-(3)(g) requires all calves must be tattooed no later than September 15th, a change from March 1st. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Changes to Rule R58-18 will not change the budgetary requirement for the Department of Agriculture and Food. The only changes are dates of requirement. - LOCAL GOVERNMENTS: Local government will not be affected by this rule change. Local government is not involved in Elk Inspections and this rule change pertains to dates of mandatory inventory. - SMALL BUSINESSES: Small businesses will not be affected by this rule change. The only change will be the mandatory inventory date. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Small businesses, business, or local government entities will not be affected by this rule change. The only change will be the mandatory inventory date. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs for elk producers will not change as this rule change affects the date of activities that are required and does not add additional requirements. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The changes to Rule R58-18 will have minimal to no impact on businesses. This change is needed to align the dates to match the Domesticated Elk Act (Title 4, Chapter 39). This rule change was presented to the Agricultural Advisory Board on 01/22/2013. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/18/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bruce King by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet E-mail at bking@utah.gov - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Kyle Stephens by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at kylestephens@utah.gov - Wyatt Frampton by phone at 801-538-7165, by FAX at 801-538-7169, or by Internet E-mail at wframpton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/25/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37246.htm No. 37247 (Amendment): R58-19. Compliance Procedures. SUMMARY OF THE RULE OR CHANGE: Renumbered subsections to conform to the required rule format. Subsection R58-19-4(3) has the table of fees removed and a reference to the Department fee schedule added. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Changes to Rule R58-19 will not change the budgetary requirement for the Department of Agriculture and Food since the only change will be the renumbering. - LOCAL GOVERNMENTS: Local government will not be affected to the changes to Rule R58-19 since the only change will be the renumbering. - SMALL BUSINESSES: Small businesses will not be affected to the changes to Rule R58-19 since the only change will be the renumbering. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Small businesses, businesses, or local governments will not be affected to the changes to Rule R58-19 since the only change will be the renumbering. COMPLIANCE COSTS FOR AFFECTED PERSONS: There will not be cost to anyone since the only change is renumbering. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The changes to Rule R58-19 will have no impact on business. This change is needed to bring the rule into alignment with the current fee schedule. This rule was presented to the Agricultural Advisory Board on 01/22/2013 and approved. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/18/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bruce King by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet E-mail at bking@utah.gov - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Kyle Stephens by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at kylestephens@utah.gov - Wyatt Frampton by phone at 801-538-7165, by FAX at 801-538-7169, or by Internet E-mail at wframpton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/25/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37247.htm GOVERNOR ECONOMIC DEVELOPMENT No. 37208 (Amendment): R357-6. Technology and Life Science Economic Development and Related Tax Credits. SUMMARY OF THE RULE OR CHANGE: The change is the removal of policy criteria as part of evaluating tax credit applications. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Does not affect costs associated with rule which is already in place. The agency came to this conclusion because it will not change the way the program is administered and will result in no new costs to state budget. - LOCAL GOVERNMENTS: Does not affect costs associated with rule which is already in place. The agency came to this conclusion because it will not change the way the program is administered and will result in no new costs to local government. - SMALL BUSINESSES: Does not affect costs associated with rule which is already in place. The agency came to this conclusion because it will not change the way the program is administered and will result in no new costs to small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Does not affect costs associated with rule which is already in place. The agency came to this conclusion because it will not change the way the program is administered and will result in no new costs to other entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Does not affect costs associated with rule which is already in place. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Does not affect costs associated with rule which is already in place. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/18/2013 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: 03/25/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37208.htm No. 37207 (Amendment): R357-9. Alternative Energy Development Tax Incentives. SUMMARY OF THE RULE OR CHANGE: The change is the removal of office policy as criteria for evaluating tax credit applications. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Does not affect the rule which is in place. The agency came to this conclusion because it will not change the way the program is administered and will result in no new costs to state budget. - LOCAL GOVERNMENTS: Does not affect the rule which is in place. The agency came to this conclusion because it will not change the way the program is administered and will result in no new costs to local government. - SMALL BUSINESSES: Does not affect the rule which is in place. The agency came to this conclusion because it will not change the way the program is administered and will result in no new costs to small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Does not affect the rule which is in place. The agency came to this conclusion because it will not change the way the program is administered and will result in no new costs to other entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Does not affect the rule which is in place. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Does not affect the rule which is in place. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/18/2013 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: 03/25/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37207.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 37209 (Amendment): R432-3. General Health Care Facility Rules Inspection and Enforcement. SUMMARY OF THE RULE OR CHANGE: Section R432-3-3 was amended to include the American Osteopathic Association's Health Facilities Accreditation Program as a recognized accrediting agency for licensing. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule amendment will have no effect on state budgets since there will be no change in current practice. - LOCAL GOVERNMENTS: This rule amendment will have no effect on local government budgets since there will be no change in current practice. - SMALL BUSINESSES: This rule amendment will have no effect on small businesses since there will be no change in current practice. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule amendment will have no effect on persons since there will be no change in current practice. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule amendment will have no effect on persons since there will be no change in current practice. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule will allow the Department to use professional accreditation for businesses seeking deemed status and eliminate unnecessary duplication. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/18/2013 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: 03/25/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37209.htm HUMAN SERVICES AGING AND ADULT SERVICES No. 37228 (Amendment): R510-104-11. Liquid Meals. SUMMARY OF THE RULE OR CHANGE: The amendment changes all instances of "liquid meal" in the rule to "medical meal." It also clarifies that a doctor can prescribe medical meals without conducting a clinically based assessment, and that the prescribed meals will still be federally reimbursable. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No savings or cost--This change is in rule language only and does not create savings or expenses for the Division of Aging and Adult Services. - LOCAL GOVERNMENTS: No savings or cost--This change is in rule language only and does not create savings or expenses for the local Area Agencies on Aging. - SMALL BUSINESSES: This change is in rule language only and does not create savings or expenses for providers or other small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This change is in rule language only and does not create savings or expenses for clients. The suggested donation will remain the same. COMPLIANCE COSTS FOR AFFECTED PERSONS: These changes clarify the existing rule and do not create any compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this wording changes and there are no fiscal impacts from this rule change. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/25/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nels Holmgren by phone at 801-538-3921, by FAX at 801-538-4395, or by Internet E-mail at nholmgren@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37228.htm RECOVERY SERVICES No. 37229 (Amendment): R527-38. Unenforceable Cases. SUMMARY OF THE RULE OR CHANGE: This change deletes Subsection R527-38- 2(1)(g). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be a savings to the state budget because the Office of Recovery Services/Child Support Services (ORS/CSS) will no longer request a credit bureau report prior to closing a case as "uncollectable." While the exact savings for this change is not known, ORS/CSS can estimate it based on the cost of an individual report and the number of cases potentially closed each year using these procedures. During the last 12 months, 757 reports were requested for this purpose at a total cost of $1.50 per report: 757 X $1.50 = $1,135.50. Prospectively, each of these reports would require service of a notice ten days in advance of the credit bureau report being requested; the minimum possible service cost would be for certified mail at the 2013 rate of $5.75 per notice: 757 X 5.75 = $4,352.75. At the minimum, one hour of state employee time would be required for each report to prepare the advance notice, monitor service, and run the credit bureau report at an average employee hourly rate of $19.77: 757 X $19.77 = $14,965.89. Therefore, the annual savings to the state budget is estimated at $20,454.14. - LOCAL GOVERNMENTS: Administrative rules of ORS/CSS do not apply to local government; therefore, there are no anticipated costs or savings for any local businesses due to this amendment. - SMALL BUSINESSES: This rule will not affect small businesses; the change to the rule will only affect ORS/CSS. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no costs for any other individual because the change to the rule only affects current internal procedures within the ORS/CSS. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no costs as the change to this rule only affects current internal procedures within ORS/CSS. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are not costs for businesses because the change to the rule only affects current internal procedures within the ORS/CSS. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/18/2013 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 THIS RULE MAY BECOME EFFECTIVE ON: 03/25/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37229.htm SERVICES FOR PEOPLE WITH DISABILITIES No. 37245 (Amendment): R539-1-3. Definitions. SUMMARY OF THE RULE OR CHANGE: This amendment adds definitions for the terms: "Electronic Surveillance" and "Electronic Surveillance Certification." Nothing is removed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment adds clarification to help interpret a new rule governing provider use of electronic surveillance. The addition of these definitions will not introduce any additional burdens on the state. No cost or savings affecting the state budget. - LOCAL GOVERNMENTS: This amendment adds clarification to help interpret a new rule governing provider use of electronic surveillance. The addition of these definitions will not introduce any additional burdens on local government. No cost or savings affecting local governments. - SMALL BUSINESSES: This amendment adds clarification to help interpret a new rule governing provider use of electronic surveillance. The addition of these definitions will not introduce any additional burdens on small businesses. No cost or savings affecting small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment adds clarification to help interpret a new rule governing provider use of electronic surveillance. The addition of these definitions will not introduce any additional burdens on persons or those meeting that definition. No cost or savings affecting persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: No costs are expected to affect persons with disabilities, their families, or guardians as part of this rule change. No costs are expected to effect providers as a result of these definitions either. This amendment adds clarification to help interpret a new rule governing provider use of electronic surveillance. The addition of these definitions will not introduce any additional burdens on persons or those meeting that definition. No cost or savings affecting persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I see no fiscal impact as a result of this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/18/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov - Nathan Wolfley by phone at 801-538-4154, by FAX at 801-538-4279, or by Internet E-mail at nwolfley@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/25/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37245.htm NATURAL RESOURCES PARKS AND RECREATION No. 37242 (Amendment): R651-224. Towed Devices. SUMMARY OF THE RULE OR CHANGE: S.B. 84 (2012) was passed by the Utah Legislature and was signed into law by Governor Herbert. This created several exemptions from the existing PFD, warning flag, and observer requirements for waterskiiers under certain conditions. The rule is deficient in providing for the exemption created by law and needs to be amended. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment does not affect the state budget. It does not change patrol functions or time, signage or educational materials. It addresses an exemption from the existing PFD, warning flag, and observer requirements for waterskiiers under certain conditions. - LOCAL GOVERNMENTS: This amendment does not affect local government. It addresses an exemption from the existing PFD, warning flag, and observer requirements for waterskiiers under certain conditions. - SMALL BUSINESSES: This does not affect small businesses in anyway. It addresses an exemption from the existing PFD, warning flag, and observer requirements for waterskiiers under certain conditions. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This does not affect individuals, partnerships, or corporations. It addresses an exemption from the existing PFD, warning flag, and observer requirements for waterskiiers under certain conditions. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with this amendment. It addresses an exemption from the existing PFD, warning flag, and observer requirements for waterskiiers under certain conditions. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Should have 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 03/18/2013 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: 03/25/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37242.htm WILDLIFE RESOURCES No. 37225 (Amendment): R657-12. Hunting and Fishing Accommodations for People with Disabilities. SUMMARY OF THE RULE OR CHANGE: Provisions are being amended to this rule to: 1) set the limited entry turkey hunt season extension for qualifying disabled sportsmen; 2) allow the use of cross-bows by disabled anglers to take carp; and 3) reduce the required level of disability for a veteran with disabilities to receive a season fishing license at a reduced price from 40% to 20%. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This amendment simplifies the limited entry turkey hunt season extensions and allows increase opportunity for the use of crossbows. It also allows more disabled veterans to qualify to receive a season fishing license at a discounted price. Due to the increase of persons qualifying for a discounted license, DWR has determined that this amendment may create a cost or savings impact to the division's budget or the state budget depending on the increased number of qualifying veterans. - LOCAL GOVERNMENTS: This amendment simplifies the limited entry turkey hunt season extensions and allows increase opportunity for the use of crossbows. It also allows more disabled veterans to qualify to receive a season fishing license at a discounted price. This filing does not create any direct cost or savings impact to local governments because they are not directly affected by the amendment. Nor are local governments indirectly impacted because the amendment does not create a situation requiring services from local governments. - SMALL BUSINESSES: This amendment simplifies the limited entry turkey hunt season extensions and allows increase opportunity for the use of crossbows. It also allows more disabled veterans to qualify to receive a season fishing license at a discounted price. The amendment does not impose any additional requirements on small businesses but will generate a cost or savings impact to qualifying disabled veterans. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This amendment simplifies the limited entry turkey hunt season extensions and allows increase opportunity for the use of crossbows. It also allows more disabled veterans to qualify to receive a season fishing license at a discounted price. The amendment does not impose any additional requirements on other persons but will generate a cost or savings impact to qualifying disabled veterans. COMPLIANCE COSTS FOR AFFECTED PERSONS: This amendment simplifies the limited entry turkey hunt season extensions and allows increase opportunity for the use of crossbows. It also allows more disabled veterans to qualify to receive a season fishing license at a discounted price. There are not any additional compliance costs associated with this amendment. 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 03/18/2013 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: 03/25/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37225.htm No. 37233 (Amendment): R657-20. Falconry. SUMMARY OF THE RULE OR CHANGE: The proposed revisions to this rule: 1) resolve an age conflict in Sections R657-20-3, R657-20-9 and R657-20-25; 2) clarify a "Nonresident" Certificate of Registration; 3) outline the criteria for a facilities inspection; 4) outline the Sponsor Program; 5) make clarifications on reporting and banding requirements; and 6) reorder and group sections for consistency, clarity, and simplification. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments clarify the rules that regulate the possession and use of raptors for falconry. Therefore, DWR determines that theses amendments will not create any 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 the amendments clarify the rules that regulate the possession and use of raptors for falconry, this filing does not create any direct cost or savings impact to local governments because they are not directly affected by the rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments. - SMALL BUSINESSES: These amendments clarify the rules that regulate the possession and use of raptors for falconry. Therefore, this rule does not impose any additional financial requirements on small businesses, nor generate a cost or saving impact to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These amendments clarify the rules that regulate the possession and use of raptors for falconry. Therefore, this rule does not impose any additional financial requirements on persons, nor generate a cost or saving impact to other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: The amendments are for clarification, thus DWR determined that there were no additional compliance costs associated with this amendment. 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 03/18/2013 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: 03/25/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37233.htm PUBLIC SAFETY CRIMINAL INVESTIGATIONS AND TECHNICAL SERVICES, CRIMINAL IDENTIFICATION No. 37232 (New Rule): R722-360. Certificate of Removal from the Sex Offender and Kidnap Offender Registry. SUMMARY OF THE RULE OR CHANGE: This rule establishes procedures for applying for a certificate of removal from the Sex Offender and Kidnap Offender Registry, agency review of a decision to deny an application for a certificate of removal, and judicial review. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no aggregate anticipated cost or savings to state budget. This proposed rule addresses the actual procedures of applying for a certificate of removal from the Sex Offender and Kidnap Offender Registry and the adjudication proceedings. This program is intended to be cost neutral, non-revenue generating, and the fees associated with the certificate of removal application and issuance are intended to merely cover the cost of administering the program. - LOCAL GOVERNMENTS: There is no aggregate anticipated cost or savings to local government. This proposed rule addresses the actual procedures of applying for a certificate of removal from the Sex Offender and Kidnap Offender Registry and the adjudication proceedings. Thus, no aggregate cost or savings to local government is anticipated. - SMALL BUSINESSES: There is no aggregate anticipated cost or savings to small businesses. This proposed rule addresses the actual procedures of applying for a certificate of removal from the Sex Offender and Kidnap Offender Registry and the adjudication proceedings. Thus, no aggregate cost or savings to small businesses is anticipated. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons applying for a certificate of removal from the Sex Offender and Kidnap Offender Registry are assessed a $168 application fee, and a $25 fee if a certificate of removal is issued. These fees were determined in the 2012 General Session, and are intended to cover the cost of administering this program. COMPLIANCE COSTS FOR AFFECTED PERSONS: Persons may seek a certificate of removal from the Sex Offender and Kidnap Offender Registry on a voluntary basis. Those seeking this service will be required to pay a $168 application fee, and a $25 fee if a certificate of removal is issued. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This should not have any particular fiscal impact on businesses. This rule implements procedures for the application and issuance of a certificate of removal according to statutory requirements, and applies to individual persons. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/18/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Alice Moffat by phone at 801-965-4939, by FAX at 801-965-4944, or by Internet E-mail at aerickso@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 03/25/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37232.htm WORKFORCE SERVICES UNEMPLOYMENT INSURANCE No. 37238 (Amendment): R994-406-301. Claimant Fault. SUMMARY OF THE RULE OR CHANGE: A claimant might receive unemployment benefits to which her or she is not entitled because the claimant under- reported his or her wages. If it is because the claimant was unaware of his or her actual wages at the time the weekly benefit filing was made, the claimant is still liable for repayment of the overpayment amount. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This is a federally-funded program so there are no costs or savings to the state budget. - LOCAL GOVERNMENTS: This is a federally-funded program so there are no costs of savings to local government. - SMALL BUSINESSES: There are no costs or savings to any small businesses as there are no fees associated with this program and it is federally funded. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no costs or savings to any other persons other than small businesses, businesses, or local government entities as there are no fees associated with this program and it is federally funded. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no costs or savings to any affected persons as there are no fees associated with this program and it is federally funded. These changes will not impact any employer's contribution rate. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. These changes will have no impact on any employer's contribution tax rate. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 03/18/2013 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: 03/25/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37238.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. ENVIRONMENTAL QUALITY WATER QUALITY No. 37239 (5-year Review): R317-9. Administrative 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 sets forth the administrative procedures of the Division of Water Quality in compliance with the Administrative Procedures Act and consolidates these procedures into one location. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Dave Wham by phone at 801-536-4337, by FAX at 801-536-4301, or by Internet E-mail at dwham@utah.gov EFFECTIVE: 01/31/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37239.htm No. 37240 (5-year Review): R317-13. Approvals and Permits for a Water Reuse Project. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The proposed rule defines terms and establishes administrative requirements for water reuse projects, including application and approval procedures. This rule is necessary to implement the provisions of the Wastewater Reuse Act and the Board's authority to issue reuse permits under Subsection 19-5- 104(3)(f). Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Dave Wham by phone at 801-536-4337, by FAX at 801-536-4301, or by Internet E-mail at dwham@utah.gov EFFECTIVE: 01/31/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37240.htm No. 37241 (5-year Review): R317-14. Approval in Change in Point of Discharge of POTW. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The proposed rule defines terms and adds administrative procedures for considering changes in the point of discharge from a publicly owned wastewater treatment plant. These procedures are needed to implement the requirements of Section 73-3c-304 and administer the Utah Pollution Discharge Elimination System (UPDES) under Rule R317-8. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Dave Wham by phone at 801-536-4337, by FAX at 801-536-4301, or by Internet E-mail at dwham@utah.gov EFFECTIVE: 01/31/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37241.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 37221 (5-year Review): R414-301. Medicaid 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: The Department will continue this rule because it defines Medicaid programs, groups and eligibility, spells out client rights and responsibilities, and sets forth the provisions for the Department of Human Services and the Department of Workforce Services to do eligibility determinations and provide a fair hearing process under contract with the Department. 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: 01/23/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37221.htm No. 37215 (5-year Review): R414-302. Eligibility Requirements. 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 will continue this rule because it sets forth eligibility requirements for Medicaid clients to receive Medicaid services. 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: 01/23/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37215.htm No. 37216 (5-year Review): R414-303. Coverage Groups. 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 will continue this rule because it establishes requirements for certain groups who qualify for Medicaid coverage and allows these groups to receive Medicaid services. 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: 01/23/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37216.htm No. 37217 (5-year Review): R414-304. Income and Budgeting. 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 will continue this rule because it establishes income-based eligibility requirements for Medicaid applicants and recipients who want to become eligible for certain Medicaid programs. 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: 01/23/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37217.htm No. 37222 (5-year Review): R414-305. Resources. 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 will continue this rule because it establishes resource standards to determine eligibility for categorically and medically needy Medicaid recipients. 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: 01/23/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37222.htm No. 37218 (5-year Review): R414-306. Program Benefits and Date of Eligibility. 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 will continue this rule because it establishes criteria for program benefits available to Medicaid recipients and the dates of eligibility for these services. 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: 01/23/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37218.htm No. 37223 (5-year Review): R414-308. Application, Eligibility Determinations and Improper Medical Assistance. 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 will continue this rule because it informs Medicaid recipients of requirements for medical assistance applications, eligibility decisions, and improper medical assistance. 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: 01/23/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37223.htm HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH, STATE HOSPITAL No. 37211 (5-year Review): R525-2. Patient Rights. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The USH is continuing this rule that identifies the hospital's responsibility to inform patients and family members of their rights regarding care and treatment while at the USH and possible restrictions of these rights. DIRECT QUESTIONS REGARDING THIS RULE TO: - Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov - L Ray Winger by phone at 801-538-4319, by FAX at 801-538-9892, or by Internet E-mail at raywinger@utah.gov EFFECTIVE: 01/23/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37211.htm No. 37224 (5-year Review): R525-3. Medication Treatment of Patients. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary to inform patients and family members of the hospital's procedures for obtaining informed consent for medication treatment and for due process hearings when patients cannot or refuse to consent to medication treatment. DIRECT QUESTIONS REGARDING THIS RULE TO: - Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov - L Ray Winger by phone at 801-538-4319, by FAX at 801-538-9892, or by Internet E-mail at raywinger@utah.gov EFFECTIVE: 01/24/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37224.htm No. 37210 (5-year Review): R525-4. Visitors. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary to identify for the public how to access visitation of patients at the Utah State Hospital. DIRECT QUESTIONS REGARDING THIS RULE TO: - Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov - L Ray Winger by phone at 801-538-4319, by FAX at 801-538-9892, or by Internet E-mail at raywinger@utah.gov EFFECTIVE: 01/23/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37210.htm No. 37214 (5-year Review): R525-5. Background Checks. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary to inform the public that the USH conducts background checks on all potential employees and volunteers to determine appropriateness for employment and/or volunteer services and to ensure safety for patients. DIRECT QUESTIONS REGARDING THIS RULE TO: - Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov - L Ray Winger by phone at 801-538-4319, by FAX at 801-538-9892, or by Internet E-mail at raywinger@utah.gov EFFECTIVE: 01/23/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37214.htm No. 37212 (5-year Review): R525-6. Prohibited Items and Devices. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary to provide a safe environment for patients, staff, and the visitors by notifying the public of secure areas on the USH campus. DIRECT QUESTIONS REGARDING THIS RULE TO: - Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov - L Ray Winger by phone at 801-538-4319, by FAX at 801-538-9892, or by Internet E-mail at raywinger@utah.gov EFFECTIVE: 01/23/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37212.htm No. 37213 (5-year Review): R525-7. Complaints/Suggestions/Concerns. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary to identify the process to assist the public in providing feedback on the care and treatment USH provides. DIRECT QUESTIONS REGARDING THIS RULE TO: - Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov - L Ray Winger by phone at 801-538-4319, by FAX at 801-538-9892, or by Internet E-mail at raywinger@utah.gov EFFECTIVE: 01/23/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37213.htm RECOVERY SERVICES No. 37231 (5-year Review): R527-302. Income Withholding Fees. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule will be continued because the statues under which this rule is enacted are still in effect and the rule is reflected in current policy, practices, and procedures of the ORS/Child Support Services (CSS). Also, the rule provides the payor of income with the option to withhold the income withholding fee in one lump sum at the beginning of the month or to deduct the amount in increments over a period of time. 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: 01/28/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37231.htm NATURAL RESOURCES ADMINISTRATION No. 37219 (5-year Review): R634-1. Americans With Disabilities Complaint Procedure. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R634-1 implements the provisions of Title II of the Americans With Disabilities Act, 42 USC 12201, which provides that no qualified individual with a disability, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs or activities of a public entity, or be subjected to discrimination by this or any such entity. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kaelyn Anfinsen by phone at 801-538-7201, by FAX at 801-538-7315, or by Internet E-mail at kaelynanfinsen@utah.gov EFFECTIVE: 01/23/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37219.htm PROFESSIONAL PRACTICES ADVISORY COMMISSION ADMINISTRATION No. 37243 (5-year Review): R686-100. Professional Practices Advisory Commission, Rules of Procedure: Complaints and 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 is continued because it provides necessary procedures regarding complaints against educators and licensing hearings for UPPAC to follow. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov EFFECTIVE: 02/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37243.htm PUBLIC SAFETY CRIMINAL INVESTIGATIONS AND TECHNICAL SERVICES, CRIMINAL IDENTIFICATION No. 37226 (5-year Review): R722-320. Undercover Identification. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Peace officers have a continuous need for undercover identification to carry out their duties, thus the need for continuation of the rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alice Moffat by phone at 801-965-4939, by FAX at 801-965-4944, or by Internet E-mail at aerickso@utah.gov EFFECTIVE: 01/24/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37226.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). GOVERNOR ECONOMIC DEVELOPMENT No. 37206 (Five-Year Extension): R357-2. Rural Broadband Service Fund. EXTENSION REASON: The Governor's Office of Economic Development requests an extension for the five-year review of Rule R357-2. The rule is no longer being used and a repeal of the rule has been filed but the deadline for the review will occur before the repeal is through the process. New deadline is 05/30/2013. 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 EFFECTIVE: 01/16/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130215/37206.htm 6. NOTICES OF RULE EFFECTIVE DATES State law provides for agencies to make their rules effective and enforceable after publication in the Utah State Bulletin. In the case of Proposed Rules or Changes in Proposed Rules with a designated comment period, the law permits an agency to file a notice of effective date any time after the close of comment plus seven days. In the case of Changes in Proposed Rules with no designated comment period, the law permits an agency to file a notice of effective date on any date including or after the thirtieth day after the rule's publication date. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses and the agency must start the rulemaking process over. Notices of Effective Date are governed by Subsection 63G-3-301(12), 63G-3- 303, and Sections R15-4-5a and 5b. AGRICULTURE AND FOOD REGULATORY SERVICES No. 37027 (AMD): R70-310.Grade A Pasteurized Milk Published: 12/01/2012 Effective: 01/29/2013 No. 36915 (AMD): R70-320-18.Transport Tanks, Operators Published: 11/01/2012 Effective: 01/29/2013 No. 36914 (AMD): R70-330.Raw Milk for Retail Published: 11/01/2012 Effective: 01/29/2013 COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 37073 (AMD): R156-3a-102.Definitions Published: 12/15/2012 Effective: 01/24/2013 No. 37074 (AMD): R156-22.Professional Engineers and Professional Land Surveyors Licensing Act Rule Published: 12/15/2012 Effective: 01/24/2013 No. 37071 (AMD): R156-44a.Nurse Midwife Practice Act Rules Published: 12/15/2012 Effective: 01/22/2013 ENVIRONMENTAL QUALITY ADMINISTRATION No. 36554 (CPR): R305-6.Administrative Procedures Published: 01/01/2013 Effective: 01/31/2013 No. 36554 (REP): R305-6.Administrative Procedures Published: 08/15/2012 Effective: 01/31/2013 No. 36553 (CPR): R305-7.Administrative Procedures Published: 01/01/2013 Effective: 01/31/2013 No. 36553 (NEW): R305-7.Administrative Procedures Published: 08/15/2012 Effective: 01/31/2013 AIR QUALITY No. 36723 (AMD): R307-101-2.Definitions Published: 10/01/2012 Effective: 02/01/2013 No. 36723 (CPR): R307-101-2.Definitions Published: 01/01/2013 Effective: 02/01/2013 No. 36741 (AMD): R307-307.Davis, Salt Lake, and Utah Counties: Road Salting and Sanding Published: 10/01/2012 Effective: 02/01/2013 No. 36741 (CPR): R307-307.Davis, Salt Lake, and Utah Counties: Road Salting and Sanding Published: 01/01/2013 Effective: 02/01/2013 No. 36740 (NEW): R307-312.Aggregate Processing Operations for PM2.5 Nonattainment Areas Published: 10/01/2012 Effective: 02/01/2013 No. 36740 (CPR): R307-312.Aggregate Processing Operations for PM2.5 Nonattainment Areas Published: 01/01/2013 Effective: 02/01/2013 No. 36725 (CPR): R307-340.Ozone Nonattainment and Maintenance Areas: Surface Coating Processes Published: 01/01/2013 Effective: 02/01/2013 No. 36725 (REP): R307-340.Ozone Nonattainment and Maintenance Areas: Surface Coating Processes Published: 10/01/2012 Effective: 02/01/2013 No. 36726 (NEW): R307-344.Paper, Film, and Foil Coatings Published: 10/01/2012 Effective: 02/01/2013 No. 36726 (CPR): R307-344.Paper, Film, and Foil Coatings Published: 01/01/2013 Effective: 02/01/2013 No. 36727 (NEW): R307-345.Fabric and Vinyl Coatings Published: 10/01/2012 Effective: 02/01/2013 No. 36727 (CPR): R307-345.Fabric and Vinyl Coatings Published: 01/01/2013 Effective: 02/01/2013 No. 36728 (NEW): R307-346.Metal Furniture Surface Coatings Published: 10/01/2012 Effective: 02/01/2013 No. 36728 (CPR): R307-346.Metal Furniture Surface Coatings Published: 01/01/2013 Effective: 02/01/2013 No. 36729 (NEW): R307-347.Large Appliance Surface Coatings Published: 10/01/2012 Effective: 02/01/2013 No. 36729 (CPR): R307-347.Large Appliance Surface Coatings Published: 01/01/2013 Effective: 02/01/2013 No. 36730 (NEW): R307-348.Magnet Wire Coatings Published: 10/01/2012 Effective: 02/01/2013 No. 36730 (CPR): R307-348.Magnet Wire Coatings Published: 01/01/2013 Effective: 02/01/2013 No. 36731 (NEW): R307-349.Flat Wood Panel Coatings Published: 10/01/2012 Effective: 02/01/2013 No. 36731 (CPR): R307-349.Flat Wood Panel Coatings Published: 01/01/2013 Effective: 02/01/2013 No. 36732 (NEW): R307-350.Miscellaneous Metal Parts and Products Coatings Published: 10/01/2012 Effective: 02/01/2013 No. 36732 (CPR): R307-350.Miscellaneous Metal Parts and Products Coatings Published: 01/01/2013 Effective: 02/01/2013 No. 36733 (NEW): R307-351.Graphic Arts Published: 10/01/2012 Effective: 02/01/2013 No. 36733 (CPR): R307-351.Graphic Arts Published: 01/01/2013 Effective: 02/01/2013 No. 36734 (NEW): R307-352.Metal Container, Closure, and Coil Coatings Published: 10/01/2012 Effective: 02/01/2013 No. 36734 (CPR): R307-352.Metal Container, Closure, and Coil Coatings Published: 01/01/2013 Effective: 02/01/2013 No. 36736 (NEW): R307-354.Automotive Refinishing Coatings Published: 10/01/2012 Effective: 02/01/2013 No. 36736 (CPR): R307-354.Automotive Refinishing Coatings Published: 01/01/2013 Effective: 02/01/2013 No. 36737 (NEW): R307-355.Control of Emissions from Aerospace Manufacture and Rework Facilities Published: 10/01/2012 Effective: 02/01/2013 No. 36737 (CPR): R307-355.Control of Emissions from Aerospace Manufacture and Rework Facilities Published: 01/01/2013 Effective: 02/01/2013 DRINKING WATER No. 36562 (AMD): R309-515-6.Ground Water - Wells Published: 08/15/2012 Effective: 01/16/2013 No. 36562 (CPR): R309-515-6.Ground Water - Wells Published: 12/01/2012 Effective: 01/16/2013 INSURANCE ADMINISTRATION No. 37018 (AMD): R590-102.Insurance Department Fee Payment Rule Published: 11/15/2012 Effective: 01/18/2013 No. 36846 (CPR): R590-171.Surplus Lines Procedures Rule Published: 12/15/2012 Effective: 01/22/2013 No. 36846 (AMD): R590-171.Surplus Lines Procedures Rule Published: 10/15/2012 Effective: 01/22/2013 NATURAL RESOURCES OIL, GAS AND MINING; OIL AND GAS No. 36992 (AMD): R649-3-38.Surface Owner Protection Act Provisions Published: 11/15/2012 Effective: 01/23/2013 WILDLIFE RESOURCES No. 37069 (AMD): R657-13.Taking Fish and Crayfish Published: 12/15/2012 Effective: 01/22/2013 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 . <>