Utah State Digest, Vol. 2013, No. 6 (March 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 February 16, 2013, 12:00 AM through March 1, 2013, 11:59 PM Volume 2013, No. 6 March 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, 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. SPECIAL NOTICES Notice for April 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/2013/20130315/sn153880.htm Psychologist Services - 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/2013/20130315/sn153930.htm Inclusion of San Juan County in the Prepaid Mental Health Plan - 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/2013/20130315/sn153931.htm 2. NOTICES OF PROPOSED RULES A state agency may file a Proposed Rule when it determines the need for a new rule, a substantive change to an existing rule, or a repeal of an existing rule. Filings received between February 16, 2013, 12:00 a.m., and March 1, 2013, 11:59 p.m. are summarized in this, the March 15, 2013, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the March 15, 2013, issue of the Utah State Bulletin until at least April 15, 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 July 13, 2013, the agency may notify the Division of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Division of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses and the agency must start the process over. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301; Rule R15-2; and Sections R15-4-3, R15-4-4, R15-4-5, R15-4-9, and R15-4-10. ALCOHOLIC BEVERAGE CONTROL ADMINISTRATION No. 37363 (Amendment): R81-1-31. Duties of Commission Subcommittees. SUMMARY OF THE RULE OR CHANGE: The proposed section R81-1-31 defines the duties of the two commission subcommittees -- the Compliance, Licensing and Enforcement Subcommittee and the Operations and Procurement Subcommittee. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule filing simply makes the Department of Alcoholic Beverage Control (DABC) rules consistent with the new statute. - LOCAL GOVERNMENTS: None--This rule filing simply makes the Department of Alcoholic Beverage Control (DABC) rules consistent with the new statute. - SMALL BUSINESSES: None--This rule filing simply makes the Department of Alcoholic Beverage Control (DABC) rules consistent with the new statute. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule filing simply makes the Department of Alcoholic Beverage Control (DABC) rules consistent with the new statute. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule filing simply makes the Department of Alcoholic Beverage Control (DABC) rules consistent with the new statute. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--This rule filing simply makes the Department of Alcoholic Beverage Control (DABC) rules consistent with the new statute. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130315/37363.htm No. 37365 (Amendment): R81-2-12. Store Site Selection. SUMMARY OF THE RULE OR CHANGE: This rule establishes criteria and procedures for determining the location of a state store. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule filing simply makes the Department of Alcoholic Beverage Control (DABC) rules consistent with the new statute. - LOCAL GOVERNMENTS: None--This rule filing simply makes DABC rules consistent with the new statute. - SMALL BUSINESSES: None--This rule filing simply makes DABC rules consistent with the new statute. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule filing simply makes DABC rules consistent with the new statute. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule filing simply makes DABC rules consistent with the new statute. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--This rule filing simply makes DABC rules consistent with the new statute. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130315/37365.htm No. 37367 (Amendment): R81-4A-2. Application. SUMMARY OF THE RULE OR CHANGE: This updates the rule to include the requirement that a "business license" means the necessary local license(s) necessary for operation of the license type in which the applicant applied. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule filing simply clarifies the application requirements for a retail license. - LOCAL GOVERNMENTS: None--This rule filing simply clarifies the application requirements for a retail license. - SMALL BUSINESSES: None--This rule filing simply clarifies the application requirements for a retail license. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule filing simply clarifies the application requirements for a retail license. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule filing simply clarifies the application requirements for a retail license. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--This rule filing simply clarifies the application requirements for a retail license. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130315/37367.htm No. 37368 (Amendment): R81-4B-2. Application. SUMMARY OF THE RULE OR CHANGE: This updates the rule to include the requirement that a "business license" means the necessary local license(s) necessary for operation of the license type in which the applicant applied. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule filing simply clarifies the application requirements for a retail license. - LOCAL GOVERNMENTS: None--This rule filing simply clarifies the application requirements for a retail license. - SMALL BUSINESSES: None--This rule filing simply clarifies the application requirements for a retail license. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule filing simply clarifies the application requirements for a retail license. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule filing simply clarifies the application requirements for a retail license. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--This rule filing simply clarifies the application requirements for a retail license. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130315/37368.htm No. 37369 (Amendment): R81-4C-2. Application. SUMMARY OF THE RULE OR CHANGE: This updates the rule to include the requirement that a "business license" means the necessary local license(s) necessary for operation of the license type in which the applicant applied. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule filing simply clarifies the application requirements for a retail license. - LOCAL GOVERNMENTS: None--This rule filing simply clarifies the application requirements for a retail license. - SMALL BUSINESSES: None--This rule filing simply clarifies the application requirements for a retail license. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule filing simply clarifies the application requirements for a retail license. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule filing simply clarifies the application requirements for a retail license. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--This rule filing simply clarifies the application requirements for a retail license. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130315/37369.htm No. 37370 (Amendment): R81-4D-2. Application. SUMMARY OF THE RULE OR CHANGE: This updates the rule to include the requirement that a "business license" means the necessary local license(s) necessary for operation of the license type in which the applicant applied. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule filing simply clarifies the application requirements for a retail license. - LOCAL GOVERNMENTS: None--This rule filing simply clarifies the application requirements for a retail license. - SMALL BUSINESSES: None--This rule filing simply clarifies the application requirements for a retail license. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule filing simply clarifies the application requirements for a retail license. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule filing simply clarifies the application requirements for a retail license. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--This rule filing simply clarifies the application requirements for a retail license. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130315/37370.htm No. 37371 (Amendment): R81-4E-2. Application. SUMMARY OF THE RULE OR CHANGE: This updates the rule to include the requirement that a "business license" means the necessary local license(s) necessary for operation of the license type in which the applicant applied. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule filing simply clarifies the application requirements for a retail license. - LOCAL GOVERNMENTS: None--This rule filing simply clarifies the application requirements for a retail license. - SMALL BUSINESSES: None--This rule filing simply clarifies the application requirements for a retail license. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule filing simply clarifies the application requirements for a retail license. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule filing simply clarifies the application requirements for a retail license. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--This rule filing simply clarifies the application requirements for a retail license. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130315/37371.htm No. 37372 (Amendment): R81-4F-2. Application. SUMMARY OF THE RULE OR CHANGE: This updates the rule to include the requirement that a "business license" means the necessary local license(s) necessary for operation of the license type in which the applicant applied. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule filing simply clarifies the application requirements for a retail license. - LOCAL GOVERNMENTS: None--This rule filing simply clarifies the application requirements for a retail license. - SMALL BUSINESSES: None--This rule filing simply clarifies the application requirements for a retail license. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule filing simply clarifies the application requirements for a retail license. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule filing simply clarifies the application requirements for a retail license. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--This rule filing simply clarifies the application requirements for a retail license. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130315/37372.htm No. 37373 (Amendment): R81-5-2. Application. SUMMARY OF THE RULE OR CHANGE: This updates the rule to include the requirement that a "business license" means the necessary local license(s) necessary for operation of the license type in which the applicant applied. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule filing simply clarifies the application requirements for a retail license. - LOCAL GOVERNMENTS: None--This rule filing simply clarifies the application requirements for a retail license. - SMALL BUSINESSES: None--This rule filing simply clarifies the application requirements for a retail license. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule filing simply clarifies the application requirements for a retail license. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule filing simply clarifies the application requirements for a retail license. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--This rule filing simply clarifies the application requirements for a retail license. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130315/37373.htm No. 37377 (Amendment): R81-9-1. Application. SUMMARY OF THE RULE OR CHANGE: This updates the rule to include the requirement that a "business license" means the necessary local license(s) necessary for operation of the license type in which the applicant applied. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule filing simply clarifies the application requirements for a retail license. - LOCAL GOVERNMENTS: None--This rule filing simply clarifies the application requirements for a retail license. - SMALL BUSINESSES: None--This rule filing simply clarifies the application requirements for a retail license. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule filing simply clarifies the application requirements for a retail license. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule filing simply clarifies the application requirements for a retail license. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--This rule filing simply clarifies the application requirements for a retail license. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130315/37377.htm No. 37374 (Amendment): R81-10A-3. Application. SUMMARY OF THE RULE OR CHANGE: This updates the rule to include the requirement that a "business license" means the necessary local license(s) necessary for operation of the license type in which the applicant applied. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule filing simply clarifies the application requirements for a retail license. - LOCAL GOVERNMENTS: None--This rule filing simply clarifies the application requirements for a retail license. - SMALL BUSINESSES: None--This rule filing simply clarifies the application requirements for a retail license. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule filing simply clarifies the application requirements for a retail license. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule filing simply clarifies the application requirements for a retail license. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--This rule filing simply clarifies the application requirements for a retail license. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130315/37374.htm No. 37375 (Amendment): R81-10C-2. Application. SUMMARY OF THE RULE OR CHANGE: This updates the rule to include the requirement that a "business license" means the necessary local license(s) necessary for operation of the license type in which the applicant applied. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule filing simply clarifies the application requirements for a retail license. - LOCAL GOVERNMENTS: None--This rule filing simply clarifies the application requirements for a retail license. - SMALL BUSINESSES: None--This rule filing simply clarifies the application requirements for a retail license. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule filing simply clarifies the application requirements for a retail license. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule filing simply clarifies the application requirements for a retail license. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--This rule filing simply clarifies the application requirements for a retail license. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130315/37375.htm No. 37376 (Amendment): R81-10D-2. Application. SUMMARY OF THE RULE OR CHANGE: This updates the rule to include the requirement that a "business license" means the necessary local license(s) necessary for operation of the license type in which the applicant applied. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule filing simply clarifies the application requirements for a retail license. - LOCAL GOVERNMENTS: None--This rule filing simply clarifies the application requirements for a retail license. - SMALL BUSINESSES: None--This rule filing simply clarifies the application requirements for a retail license. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule filing simply clarifies the application requirements for a retail license. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule filing simply clarifies the application requirements for a retail license. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--This rule filing simply clarifies the application requirements for a retail license. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130315/37376.htm No. 37378 (Amendment): R81-11-1. Application. SUMMARY OF THE RULE OR CHANGE: This updates the rule to include the requirement that a "business license" means the necessary local license(s) necessary for operation of the license type in which the applicant applied. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule filing simply clarifies the application requirements for a retail license. - LOCAL GOVERNMENTS: None--This rule filing simply clarifies the application requirements for a retail license. - SMALL BUSINESSES: None--This rule filing simply clarifies the application requirements for a retail license. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule filing simply clarifies the application requirements for a retail license. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule filing simply clarifies the application requirements for a retail license. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--This rule filing simply clarifies the application requirements for a retail license. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130315/37378.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 37364 (Amendment): R156-55a. Utah Construction Trades Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: In Subsection R156-55a-301(2), two statutory citations are corrected. In Subsection R156-55a-302a(2), the proposed amendment adds the R200 (Factory Built Housing contractor) classification to the list of classifications requiring a trade examination. When the list of classifications requiring trade examinations was first included in the rule on 06/24/2008, the R200 classification was included in the proposed list but was inadvertently left off the list that was ultimately placed in the rule. This change corrects that error. The Division has been requiring the trade examination for the R200 classification even though it was left off the list. In Section R156-55a-302b, the proposed amendments modify the experience requirement to allow contractor qualifiers, who previously met the experience requirement and had been approved as a qualifier, but who have been out of the construction industry for more than 10 years to re-verify their experience by passing the current examinations. Currently, the rule requires them to again re-obtain the experience within the last 10 years. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: The proposed amendments only apply to licensed contractors and applicants for licensure in that classification. As a result, the proposed amendments do not apply to local governments. - SMALL BUSINESSES: The proposed amendments only apply to licensed contractors and applicants for licensure in that classification. Licensees and applicants for licensure may work in a small business or may own a small business. The proposed change in the experience requirement will reduce the burden for certain qualifiers to meet the experience requirements. It may also result in a company saving the cost to pay another person to be the qualifier in order to qualify for a contractor license. It is impossible to estimate the amount of savings that will result or the number of businesses/persons that will be impacted by this rule. The cost of the two required examinations is $144. This cost would be offset by the savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendments only apply to licensed contractors and applicants for licensure in that classification. The proposed change in the experience requirement will reduce the burden for certain qualifiers to meet the experience requirements. It may also result in a company saving the cost to pay another person to be the qualifier in order to qualify for a contractor license. It is impossible to estimate the amount of savings that will result or the number of businesses/persons that will be impacted by this rule. The cost of the two required examinations is $144. This cost would be offset by the savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendments only apply to licensed contractors and applicants for licensure in that classification. The proposed change in the experience requirement will reduce the burden for certain qualifiers to meet the experience requirements. It may also result in a company saving the cost to pay another person to be the qualifier in order to qualify for a contractor license. It is impossible to estimate the amount of savings that will result or the number of businesses/persons that will be impacted by this rule. The cost of the two required examinations is $144. This cost would be offset by the savings. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As stated in the rule analysis, these proposed amendments allow an individual who has previously been approved by the Division as a qualifier for certain construction trades licenses to re-qualify past experience after a lapse of time. This change might allow a business to obtain a license and begin work in a more efficient manner. Otherwise, no fiscal impact to businesses is anticipated from this amendment or from other technical corrections included in the filing. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Dan Jones by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at dansjones@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 03/27/2013 09:00 PM, 160 East 300 South, Conference Room 474, Salt Lake City, Utah THIS RULE MAY BECOME EFFECTIVE ON: 04/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130315/37364.htm CRIME VICTIM REPARATIONS ADMINISTRATION No. 37380 (Amendment): R270-1. Award and Reparation Standards. SUMMARY OF THE RULE OR CHANGE: Section R270-1-15 is amended to authorize agency director minimal latitude in negotiating recovery settlements when such settlements appear to be in the best interest of the agency. This amendment allows the agency to collect settlements in a more timely fashion while also providing for the consideration of a proportionate amount of the attorney fees for obtaining the settlements. The current method often requires the delay of the settlement while waiting for the next quarterly board meeting for the board to review and approve the settlement. Section R270-1-20 is amended to require that agency staff do not apply a "misconduct" ruling to scenarios wherein a victim may have been coerced or threatened to participate in any behavior which could otherwise be perceived as misconduct or to any crime of a sexual nature. This amendment is very "victim friendly" and promotes sensitivity toward the nature of sex crimes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The change in Section R270-1-15 is anticipated to increase the amounts recovered by assuring personal injury law firms that they will receive a standard proportionate fee for securing settlements to which the agency has a recovery right. The change in Section R270-1-20 is not expected to have any effect on cost or savings as it has been a matter of policy for the past several years. - LOCAL GOVERNMENTS: Neither of these amendments should have any effect on local government due to the fact that these rules affect only the interaction and association of the agency with individual crime victims and/or those representing them. Local governments do not interact with the agency, agency's clients, or client representatives on these matters and therefore it is not foreseeable that local governments could be impacted. - SMALL BUSINESSES: Both of these amendments should have positive effects on small business by: 1) standardizing settlement negotiations with personal injury attorneys and creating more reliable and equitable payments to them; and 2) creating an environment that motivates the approval of claims under which more victims can receive service and or treatment for their crime related needs and service providers can receive payment from the agency for services they have provided to victims. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: More victims of violent crimes will remain eligible for agency benefits and more victims may be able to recover expenses the agency can not cover through personal injury suits brought by attorneys more confident they will be paid. COMPLIANCE COSTS FOR AFFECTED PERSONS: The only compliance costs associated with both of these amendments are placed upon the agency in complying with the rules as amended, which as previously mentioned, will not have a measurable affect. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Both of these amendments should have positive effects on small business by: 1) standardizing settlement negotiations with personal injury attorneys and creating more reliable and equitable payments to them; and 2) creating an environment that motivates the approval of claims under which more victims can receive service and or treatment for their crime related needs and service providers can receive payment from the agency for services they have provided to victims. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Gary Scheller by phone at 801-238-2362, by FAX at 801-533-4127, or by Internet E-mail at garys@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130315/37380.htm EDUCATION ADMINISTRATION No. 37355 (Amendment): R277-101. Utah State Board of Education Procedures. SUMMARY OF THE RULE OR CHANGE: The definition of "Board leadership" is changed and a statement is removed in Section R277-101-3 of the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The changes to the rule are procedural and no cost or savings are associated with the changes. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government. The changes to this rule apply to State Board of Education procedures and do not affect local government. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. The changes to this rule apply to State Board of Education procedures and do not affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. The changes to this rule apply to State Board of Education procedures and do not affect individuals. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. The changes to the rule are procedural and no compliance costs are associated with the changes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and I see no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130315/37355.htm No. 37356 (New Rule): R277-113. LEA Fiscal Policies and Accountability. SUMMARY OF THE RULE OR CHANGE: The new rule provides Utah State Board of Education (Board) and local education agency (LEA) responsibilities, requirements for LEA fiscal and financial policies, and compliance requirements for LEAs. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. Training and informational materials and model policies will be developed by existing staff at the Utah State Office of Education (USOE) within existing budgets. - LOCAL GOVERNMENTS: LEAs will develop policies and provide training consistent with the requirements of this rule. It is presumed that policies, materials, training and other resources will be developed and implemented by existing LEA staff and within existing LEA budgets. - SMALL BUSINESSES: There is no anticipated cost or savings to small business. This new rule applies to public education and does not affect businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. This rule and the requirements under this rule apply to LEAs. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. The USOE and LEAs will develop policies and provide materials and training consistent with this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and I see no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130315/37356.htm ENVIRONMENTAL QUALITY WATER QUALITY No. 37366 (Amendment): R317-1-1. Definitions. SUMMARY OF THE RULE OR CHANGE: Definitions were added for biological assessment, biological criteria, human-induced stressor, and use attainability analysis. The numbers for each definition in the section were deleted. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No impact to state budget is anticipated. The proposed amendments add four definitions that do not add any requirements or cause actions that would affect the state budget. - LOCAL GOVERNMENTS: No impact to local government is anticipated. The proposed amendments add four definitions that do not add any requirements or cause actions that would affect local governments. - SMALL BUSINESSES: No impacts to small businesses are anticipated. The proposed amendments add four definitions that do not add any requirements or cause actions that would affect small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No impacts to other persons are anticipated. The proposed amendments add four definitions that do not add any requirements or cause actions that would affect other persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendments add four definitions that do not add any requirements or cause actions that would affect compliance costs for affected persons. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Four definitions were added to support the concurrent changes related to biological water quality assessment criteria at Section R317-2-7. The proposed amendments do not add any requirements or cause actions that would have a fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2013 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 04/03/2013 06:00 PM, Multi-State Office Building, 195 N 1950 W, Room 1015, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 04/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130315/37366.htm No. 37361 (Amendment): R317-2. Standards of Quality for Waters of the State. SUMMARY OF THE RULE OR CHANGE: A new Subsection R317-2-7(7.3), Biological Water Quality Assessment and Criteria, is proposed. Additional revisions were made to Subsections R317-2-7(7.1) and R317-2-7(7.2) to accommodate the new Subsection R317-2-7(7.3). Section R317-2-3 was revised to delete the requirements for Clean Water Act Section 401 water quality certifications because these requirements are replaced or revised by the new proposed rule R317-15. Other clarifications to the wording in Section R317-1-3 were made to avoid confusion. The name of Burriston Creek in Subsection R317-2- 13(13.5)(c) is proposed to be changed to Currant Creek. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The new Subsection R317-2-7(7.3) codifies procedures already being implemented by the DWQ. These procedures will continue to be conducted with existing resources and no new costs or savings are anticipated. The deleted requirements in Section R317-2-3 are being moved to new rule R317-15 resulting in no net change in requirements. Therefore, no additional costs or savings are anticipated. The name change from Burriston Creek to Currant Creek will not result in additional costs or savings. - LOCAL GOVERNMENTS: The changes put no additional resource burdens on local governments. The additions to Section R317-2-7 are used as a tool primarily by DWQ to assess water quality and support of the designated uses. Local governments may however elect to conduct optional biological assessments to support site-specific standards that could result in savings if unnecessary effluent treatment is avoided. The deletions to Section R317-2-3 do not change requirements because they are being moved to the new rule R317-15. The Burriston Creek name change is housekeeping. - SMALL BUSINESSES: The changes put no additional resource burdens on small businesses. The additions to Section R317-2-7 are used as a tool primarily by DWQ to assess water quality and support of the designated uses. Small businesses may however elect to conduct optional biological assessments to support site-specific standards that could result in savings if unnecessary effluent treatment is avoided. The deletions to Section R317-2-3 do not change requirements because they are being moved to the new rule R317-15. The name change for Burriston Creek is housekeeping. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The changes put no additional resource burdens on other persons. The additions to Section R317-2-7 are used primarily by DWQ as a method to assess water quality and support of the designated uses. Other persons may however elect to conduct optional biological assessments to support site- specific standards that could result in savings if unnecessary effluent treatment is avoided. The deletions to Section R317-2-3 do not change requirements because they are being moved to the new rule R317-15. The Burriston Creek name change is housekeeping. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed additions to Section R317-2-7 will not incur compliance costs because the proposed biological standard is a tool used primarily by DWQ to assess if water quality is sufficient to support the designated uses in accordance with the requirements of Subsection R317-2-7(7.1). The deletions do not have associated compliance costs. The name change for Burriston Creek is a housekeeping change that does not affect the existing standards associated with this creek. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These changes are not anticipated to result in fiscal impacts on businesses because the additions to Section R317-2-7 are used primarily by DWQ as a method to assess water quality and support of the designated uses in accordance with the requirements of Subsection R317-2-7(7.1). The deletions to Section R317-2-3 do not change requirements because they are being moved to the new rule R317-15. The Burriston Creek name change is housekeeping. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at jetherington@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 04/03/2013 06:00 PM, Multi-State Office Building, 195 N 1950 W, Room 1015, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 05/15/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130315/37361.htm No. 37362 (New Rule): R317-15. Water Quality Certification. SUMMARY OF THE RULE OR CHANGE: This rule establishes procedures for applying for and processing State Water Quality Certification pursuant to Section 401 of the federal Clean Water Act, 33 U.S.C. Sections 1251 through 1387 and consistent with the Utah Water Quality Act, Title 19, Chapter 5. The procedures have not been changed, but are now being documented to allow for better transparency in the application and review process. This rule details the purpose, definitions, applicability, application provisions, public notice and public hearing requirements, director's decision process, enforcement, and transfer of certification. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No additional costs or savings to state budget are anticipated because the proposed rule will be implemented using existing resources and makes the process more efficient. - LOCAL GOVERNMENTS: No additional costs or savings to local governments' budgets are anticipated since the process is not changing, but is being defined and documented. - SMALL BUSINESSES: No additional costs or savings to small businesses' budgets are anticipated because the requirements detailed in this rule are the same as those currently in force although they have not been documented in detail and readily available to the affected parties. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No additional costs or savings to budgets of persons other than small businesses, businesses, or local government entities are anticipated. Each person who is affected by this rule will now have a written reference which provides more clear and consistent information to use when going through the certification process. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs are anticipated to remain the same for affected persons because no additional requirements have been added, nor have any been deleted. The certification process is now more transparent for all parties. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Utah Division of Water Quality has successfully executed a water quality certification process since the inception of the CWA in 1972. This rule will help ensure that Utah's water quality certification process is consistent and efficient by establishing procedures and criteria for the application and decision-making process. This rule will have no additional fiscal impacts to the affected persons or businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at jetherington@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/15/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130315/37362.htm INSURANCE ADMINISTRATION No. 37379 (Amendment): R590-102-17. Dedicated Fees. SUMMARY OF THE RULE OR CHANGE: The rule is being changed to show the increase in the Bureau of Criminal Investigation (BCI) fee from $15 to $20. This change took place in the 2011 Legislative Session, S.B. 2. Making this change in the rule has been overlooked until now. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The change in the above captioned rule will have no effect on the department's or state's budgets. The money collected for background checks goes to the Bureau of Criminal Investigation. - LOCAL GOVERNMENTS: Local government will not be affected since they have no input in the department's licensing procedures. - SMALL BUSINESSES: Small businesses who pay for the licensing fee of their employees will be affected by the $5 increase of the BCI fee. As of 05/01/2011, when the bill went into effect, 2,143 individuals were licensed and fingerprinted. In 2012, the FBI fingerprinting charge decreased by $2.25, offsetting the overall impact of BCI's increase. This affected 2,877 individuals who were licensed that year. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Individuals were charged an additional $5 to be fingerprinted. In 2011 when the bill went into effect, 2,143 individuals were licensed and fingerprinted. In 2012, the FBI fingerprinting charge decreased by $2.25, offsetting the overall impart of BCI's increase. This affected 2,877 individuals who were licensed that year. COMPLIANCE COSTS FOR AFFECTED PERSONS: Each Utah resident that applies for an insurance license is fingerprinted and a background check is done by both the BCI and the FBI. Between BCI's $5 increase and the FBI's $2.25 decrease the fingerprinting fee has increased $2.75 overall. The applicant pays for the services of both the FBI and the BCI and that money goes directly to them. These fees do not go to the department or the general fund. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The fee change for fingerprinting of in-state producers will have no fiscal impact on the department or the state. All moneys for this process go directly to the BCI and FBI for the background checks they provide. The individual, or agency that pays for the individual's licensure, is now impacted by the overall increase of $2.75. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 04/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 04/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130315/37379.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. ADMINISTRATIVE SERVICES FACILITIES CONSTRUCTION AND MANAGEMENT No. 37357 (5-year Review): R23-13. State of Utah Parking Rules for Facilities Managed by the Division of Facilities and Construction and Management. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because it establishes rules for parking at state facilities which are managed by DFCM. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Cecilia Niederhauser by phone at 801-538-3261, by FAX at 801-538-9694, or by Internet E-mail at cniederhauser@utah.gov - Chiarina Gleed by phone at 801-538-3240, by FAX at 801-538-3313, or by Internet E-mail at cgleed@utah.gov EFFECTIVE: 02/20/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130315/37357.htm No. 37358 (5-year Review): R23-22. General Procedures for Acquisition and Selling of Real Property. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because it defines the procedures of the Division of Facilities Construction and Management for acquisition and selling of real property. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Bachman by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov - Cecilia Niederhauser by phone at 801-538-3261, by FAX at 801-538-9694, or by Internet E-mail at cniederhauser@utah.gov - Chiarina Gleed by phone at 801-538-3240, by FAX at 801-538-3313, or by Internet E-mail at cgleed@utah.gov EFFECTIVE: 02/20/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130315/37358.htm ENVIRONMENTAL QUALITY ADMINISTRATION No. 37360 (5-year Review): R305-2. Electronic Meeting. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is required under Section 52-4-207 in order for the DEQ boards to hold electronic meetings. Since many members of these boards are from outside of the Salt Lake City area, it is critical that these members be allowed to participate electronically. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Debbie Oberndorfer by phone at 801-536-4402, by FAX at 801-536-0061, or by Internet E-mail at doberndorfer@utah.gov EFFECTIVE: 02/25/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130315/37360.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. EDUCATION ADMINISTRATION No. 37145 (AMD): R277-484.Data Standards Published: 01/15/2013 Effective: 02/21/2013 No. 37144 (AMD): R277-487.Public School Student Confidentiality Published: 01/15/2013 Effective: 02/21/2013 No. 37146 (AMD): R277-502.Educator Licensing and Data Retention Published: 01/15/2013 Effective: 02/21/2013 No. 37147 (NEW): R277-517.Board and UPPAC Disciplinary Definitions and Actions Published: 01/15/2013 Effective: 02/21/2013 ENVIRONMENTAL QUALITY ADMINISTRATION No. 36776 (NEW): R305-9.Recusal of a Board Member for Conflict of Interest Published: 10/01/2012 Effective: 02/22/2013 No. 36776 (CPR): R305-9.Recusal of a Board Member for Conflict of Interest Published: 01/15/2013 Effective: 02/22/2013 HEALTH DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 37072 (AMD): R392-302-3.General Requirements Published: 12/15/2012 Effective: 02/28/2013 HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 37122 (AMD): R414-1-5.Incorporations by Reference Published: 01/15/2013 Effective: 03/01/2013 HUMAN SERVICES RECOVERY SERVICES No. 37113 (AMD): R527-258.Enforcing Child Support When the Obligor is an Ex- Prisoner or in a Treatment Program Published: 01/15/2013 Effective: 02/22/2013 INSURANCE ADMINISTRATION No. 37118 (AMD): R590-164.Uniform Health Billing Rule Published: 01/15/2013 Effective: 02/25/2013 LABOR COMMISSION INDUSTRIAL ACCIDENTS No. 37129 (REP): R612-1.Workers' Compensation Rules - Procedures Published: 01/15/2013 Effective: 02/25/2013 No. 37130 (REP): R612-2.Workers' Compensation Rules - Health Care Providers Published: 01/15/2013 Effective: 02/25/2013 No. 37131 (REP): R612-3.Workers' Compensation Rules - Self-Insurance Published: 01/15/2013 Effective: 02/25/2013 No. 37132 (REP): R612-4.Premium Rates Published: 01/15/2013 Effective: 02/25/2013 No. 37133 (REP): R612-5.Employee Leasing Company Workers' Compensation Insurance Policy Endorsements Published: 01/15/2013 Effective: 02/25/2013 No. 37134 (REP): R612-6.Notification of Workers' Compensation Insurance Coverage Published: 01/15/2013 Effective: 02/25/2013 No. 37135 (REP): R612-7.Impairment Ratings for Industrial Injuries and Diseases Published: 01/15/2013 Effective: 02/25/2013 No. 37136 (REP): R612-8.Procedural Guidelines for the Reemployment Act Published: 01/15/2013 Effective: 02/25/2013 No. 37137 (REP): R612-9.Designation of the Initial Assessment of Noncompliance Penalties as an "Informal" Proceeding Published: 01/15/2013 Effective: 02/25/2013 No. 37138 (REP): R612-10.HIV, Hepatitis B and C Testing and Reporting for Emergency Medical Services Providers Published: 01/15/2013 Effective: 02/25/2013 No. 37139 (REP): R612-11.Prohibition of Direct Payments by Insured Employer Published: 01/15/2013 Effective: 02/25/2013 No. 37140 (REP): R612-12.Workers' Compensation Coverage Waivers Published: 01/15/2013 Effective: 02/25/2013 No. 37141 (REP): R612-13.Proceedings to Impose Non-Reporting Penalties Against Employers Published: 01/15/2013 Effective: 02/25/2013 No. 37124 (NEW): R612-100.Workers' Compensation Rules - General Provisions Published: 01/15/2013 Effective: 02/25/2013 No. 37125 (NEW): R612-200.Workers' Compensation Rules - Filing and Paying Claims Published: 01/15/2013 Effective: 02/25/2013 No. 37126 (NEW): R612-300.Workers' Compensation Rules - Medical Care Published: 01/15/2013 Effective: 02/25/2013 No. 37127 (NEW): R612-400.Workers' Compensation Insurance, Self-Insurance and Waivers Published: 01/15/2013 Effective: 02/25/2013 No. 37128 (NEW): R612-500.Procedural Guidelines for the Reemployment Act Published: 01/15/2013 Effective: 02/25/2013 PUBLIC SAFETY HOMELAND SECURITY No. 37117 (NEW): R704-2.Statewide Mutual Aid Act Activation Published: 01/15/2013 Effective: 02/25/2013 PUBLIC SERVICE COMMISSION ADMINISTRATION No. 37116 (AMD): R746-313.Electric Service Reliability Published: 01/15/2013 Effective: 02/21/2013 TAX COMMISSION ADMINISTRATION No. 37104 (AMD): R861-1A-26.Procedures for Formal Adjudicative Proceedings Pursuant to Utah Code Ann. Sections 59-1-501 and 63G-4-204 through 63G-4-209 Published: 01/01/2013 Effective: 02/21/2013 No. 37106 (AMD): R861-1A-37.Provisions Relating to Disclosure of Commercial Information Pursuant to Utah Code Ann. Section 59-1-404 Published: 01/01/2013 Effective: 02/21/2013 No. 37107 (AMD): R861-1A-46.Procedures for Purchaser Refund Requests Pursuant to Utah Code Ann. Sections 59-1-1410 and 59-12-110 Published: 01/01/2013 Effective: 02/21/2013 AUDITING No. 37108 (AMD): R865-9I-13.Pass-Through Entity Withholding Pursuant to Utah Code Ann. Sections 59-10-116, 59-10-117, 59-10-118, 59-10-1403.2, and 59-10- 1405 Published: 01/01/2013 Effective: 02/21/2013 PROPERTY TAX No. 37109 (AMD): R884-24P-67.Information Required for Valuation of Low- Income Housing Pursuant to Utah Code Ann. Sections 59-2-102 and 59-2-301.3 Published: 01/01/2013 Effective: 02/21/2013 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 . <>