Utah State Digest, Vol. 2013, No. 7 (April 1, 2013) [NOTE: The Utah State Digest (Digest) is created from the eRules filing database used to create the Utah State Bulletin (Bulletin). While a discrepancy between the Digest and the Bulletin is highly unlikely, any discrepancies will be resolved in favor of the Bulletin. Please refer to the State Disclaimer ( http://www.utah.gov/disclaimer.html ) for more information.] ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed March 2, 2013, 12:00 AM through March 15, 2013, 11:59 PM Volume 2013, No. 7 April 1, 2013 Prepared by Division of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic publication of the State of Utah, Department of Administrative Services, Division of Administrative Rules. It is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Division of Administrative Rules, 5110 State Office Building, Salt Lake City, Utah 84114-1201, telephone 801-538-3764. 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. EDITOR'S NOTES Legislation Affecting Administrative Rulemaking - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/ed153976.htm Delayed Notice and Publication of the Expiration of Rules R426-2 and R426-6 - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/ed153978.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 March 2, 2013, 12:00 a.m., and March 15, 2013, 11:59 p.m. are summarized in this, the April 1, 2013, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the April 1, 2013, issue of the Utah State Bulletin until at least May 1, 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 30, 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. ADMINISTRATIVE SERVICES FLEET OPERATIONS No. 37392 (Amendment): R27-3-5. Personal Use Standards. SUMMARY OF THE RULE OR CHANGE: This action removes language in Subsections R27-3-5(1)(a), (b), and (c) that discusses circumstances where personal use of state vehicles is approved. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--The rule change only addresses the division's authority, not any cost-related activities. - LOCAL GOVERNMENTS: None--The rule change only addresses the division's authority, not any cost-related activities. - SMALL BUSINESSES: None--The rule change only addresses the division's authority, not any cost-related activities. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--The rule change only addresses the division's authority, not any cost-related activities. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The rule change only addresses the division's authority, there are no associated compliance-related activities. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There is 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 05/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Gary Robertson by phone at 801-538-3792, by FAX at 801-359-0759, or by Internet E-mail at garyrobertson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37392.htm COMMERCE REAL ESTATE No. 37393 (Amendment): R162-2f. Real Estate Licensing and Practices Rules. SUMMARY OF THE RULE OR CHANGE: The new Subsection R162-2f-202b(5) provides that a property management company that is not registered under a dual broker license is no longer prohibited from engaging in the business of real estate. The subsection also creates a process by which the Division will convert existing property management registrations and licenses to real estate registrations and licenses. In Section R162-2f-401a, existing language is amended to clarify: 1) that a licensee is required to obtain an agency agreement as to all sellers or buyers the licensee represents; and 2) that parties under a contract for new construction may use forms that are not approved by the state as long as they comply with Subsections 61-2f-306(2)(b) and (c). In Section R162-2f-401b, existing language is amended to clarify: 1) that a nominal payment to an employee or client in a property management transaction does not constitute unprofessional conduct; and 2) that a licensee may not charge inflated or unearned fees in a real estate transaction. In Section R162-2f-401c, record-keeping requirements are moved into a new subsection. Language is modified to clarify how the existing requirements apply differently in real estate and property management transactions. In Section R162-2f-401j, existing language is amended to clarify a principal broker's supervisory duties in property management transactions, particularly as to unlicensed employees. Section R162-2f-401k is a new section in which all existing requirements regarding record retention and management are combined for easy reference. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These rule amendments are primarily for clarification and, therefore, will not impact the state budget. The Division will have to devote some staff time in order to convert approximately 23 property management registrations and licenses to real estate registrations and licenses. It is anticipated that the Division's current budget is adequate to address this need. - LOCAL GOVERNMENTS: Local government is not required to comply with or enforce these rules. Therefore, no fiscal impact to local government is anticipated from these amendments. - SMALL BUSINESSES: Certain small businesses that have historically restricted their activity to property management may expand operations to include real estate transactions. It is possible that they will realize increased revenue from doing so. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Affected persons will be required to understand and comply with the amended language regarding unprofessional conduct and record keeping. It is not anticipated that complying will require affected persons to make expenditures or incur costs beyond the current and ordinary costs of compliance. COMPLIANCE COSTS FOR AFFECTED PERSONS: Affected persons will be required to understand and comply with the amended language regarding unprofessional conduct and record keeping. It is not anticipated that complying will require affected persons to make expenditures or incur costs beyond the current and ordinary costs of compliance. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As stated in the rule analysis, these proposed amendments are primarily for clarification. Certain property management companies will have the option of expanding their business models to include real estate transactions. Otherwise, no fiscal impact to businesses is anticipated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ben Jensen by phone at 801-530-6603, by FAX at 801-526-4387, or by Internet E-mail at bjensen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37393.htm No. 37394 (Amendment): R162-2f-403. Trust Accounts. SUMMARY OF THE RULE OR CHANGE: The existing trust account standards and requirements (Section R162-2f-403) are divided into three separate sections: one for general provisions that apply to all trust accounts (Section R162-2f- 403a); one for provisions that apply specifically to real estate trust accounts (Section R162-2f-403b); and one for provisions that apply specifically to property management trust accounts (Section R162-4f-403c). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The amendments do not create a new program or standard that the Division will have to implement or enforce. No fiscal impact to the state budget is anticipated. - LOCAL GOVERNMENTS: Local government is not required to comply with or enforce these rules. Therefore, no fiscal impact to local government is anticipated. - SMALL BUSINESSES: Small businesses will be required to understand and comply with the amended language. It is not anticipated that complying will require a small business to make expenditures or incur costs beyond the current and ordinary costs of compliance. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Affected persons will be required to understand and comply with the amended language. It is not anticipated that complying will require an affected person to make expenditures or incur costs beyond the current and ordinary costs of compliance. COMPLIANCE COSTS FOR AFFECTED PERSONS: Affected persons will be required to understand and comply with the amended language. It is not anticipated that complying will require an affected person to make expenditures or incur costs beyond the current and ordinary costs of compliance. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As stated in the rule analysis, this filing reorganizes the current section regarding trust account management into three new, separate sections. This reorganization is intended to make it easier for licensees to understand any differences in how the rules apply to the real estate and property management industries. No fiscal impact to businesses is anticipated from this filing. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ben Jensen by phone at 801-530-6603, by FAX at 801-526-4387, or by Internet E-mail at bjensen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37394.htm EDUCATION ADMINISTRATION No. 37413 (Amendment): R277-600. Student Transportation Standards and Procedures. SUMMARY OF THE RULE OR CHANGE: Language is removed from the definition of IEP to make it consistent with state definitions, language is added to indicate when it is appropriate for students to be transported with special transportation services, and language is added/changed to clarify how approved to-and-from school expenses are determined. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. Funding is provided for students with disabilities transportation. The new language provides clarification for eligibility during the regular school year and during the extended school year. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government. School districts will receive funding for student transportation needs. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. This rule and the amendments to the rule apply to public education and do 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. The amendments to the rule provide clarification for eligible individuals for student transportation. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. Funding is provided to school districts to support the needs of eligible student transportation. 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 05/01/2013 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: 05/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37413.htm No. 37414 (Amendment): R277-610. Released-Time Classes. SUMMARY OF THE RULE OR CHANGE: Language in the rule is changed to provide appropriate flexibility for interaction between public schools and released- time programs. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The changes to the rule provide for greater flexibility for interaction between public schools and released-time programs. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government. There is no anticipated cost or savings to the state budget. The changes to the rule provide for greater flexibility for interaction between public schools and released-time programs. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. This rule and the amendments apply to public education and do 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. The amendments apply to released-time programs and public school interaction. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. The changes to the rule provide greater flexibility. 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 05/01/2013 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: 05/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37414.htm No. 37415 (Amendment): R277-702. Procedures for the Utah High School Completion Diploma (Effective on July 1, 2009). SUMMARY OF THE RULE OR CHANGE: Language for computer-based testing is provided; language regarding IDEA and students returning to K-12 is provided; adding an acknowledgement that a GED is only one type of equivalency diploma that could be offered or accepted by the Board; and making terminology changes throughout the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The changes update provisions relating to the GED test and diploma and update terminology throughout the rule which do not result in a cost or savings. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government. The changes update provisions relating to the GED test and diploma and update terminology throughout the rule which do not result in a cost or savings. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. This rule and the amendments apply to public education and do 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. The changes update provisions relating to the GED test and diploma and update terminology throughout the rule which do not result in a cost or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. The changes update provisions relating to the GED test and diploma and update terminology throughout the rule which do not result in compliance costs. 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 05/01/2013 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: 05/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37415.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, CHILDREN WITH SPECIAL HEALTH CARE NEEDS No. 37381 (Amendment): R398-1. Newborn Screening. SUMMARY OF THE RULE OR CHANGE: Screening for SCID is added in Section R398- 1-3. There are several format changes throughout the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The cost to Medicaid will be $117,814 based on 2010 Medicaid eligible deliveries. This is calculated as $7.20 X 16,363 Medicaid eligible deliveries in 2010. Medical literature indicates that screening for SCID will identify 1-2 cases in 50,000 births. Early identification results in a decrease in hospitalizations and testing to identify sick newborns with the disorder. Each child not identified through newborn screening requires more in hospitalizations and testing before SCID is identified. Estimated savings per case identified through newborn screening ranges from $350,000 to $2,000,000. - LOCAL GOVERNMENTS: There is no impact on local governments. Additional costs for the SCID screening are passed on to Medicaid, third party payers, and others. - SMALL BUSINESSES: None--Additional costs for the SCID screening are passed on to the Medicaid, third party payers and others. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Additional costs for SCID screening are passed on to third party payers, Medicaid, and others. The additional cost to persons other than businesses is $267,883 based on 2010 non-Medicaid deliveries in 2010. This is calculated as $7.20 X 37,206 births. Medical literature indicates that screening for SCID will identify 1-2 cases in 50,000 births. Early identification results in a decrease in hospitalizations and testing to identify sick newborns with the disorder. Each child not identified through newborn screening requires more hospitalizations and testing before SCID is identified. Estimated savings per case ranges from $350,000 to $2,000,000. COMPLIANCE COSTS FOR AFFECTED PERSONS: The compliance cost will be $7.20 per newborn screened. The Department does not have sufficient data to estimate the cost to any particular third party payer who pays for the screenings. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Balancing the cost of testing at $7.20 against the value of identifying 1-2 cases per year in Utah and avoiding the delay in care and suffering by the child and family is a difficult task. Impact on third party payors has been carefully evaluated and tentatively determined to be reasonable and appropriate. Public comment will be carefully evaluated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/03/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Kim Hart by phone at 801-584-8256, by FAX at 801-536-0966, or by Internet E-mail at kimhart@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37381.htm FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 37411 (New Rule): R426-2. Air Medical Service Rules. SUMMARY OF THE RULE OR CHANGE: The rule will allow to maintain standards and criteria for licensed air ambulance providers. (DAR NOTE: A corresponding 120-day (emergency) rule that is effective as of 03/14/2013 is under DAR No. 37409 in this issue, April 1, 2013, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The state budget is affected as licensure fees support the Bureau of EMS and their operation costs. - LOCAL GOVERNMENTS: No new fiscal impacts from recently expired air ambulance rules. Fiscal impacts of past air ambulance rules have not applied to local governments due to the fact air ambulance industry in Utah is currently under cooperative ownerships. - SMALL BUSINESSES: Current providers are all larger than 50 employees. Future business would be required to meet the same operational standards for equipment and staffing. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No new fiscal impacts to currently existing licensed air ambulance providers. This rule is a replacement for past operational requirements. Licensed providers already have surpassed the minimal requirements required by this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: Affected persons are currently paying for air ambulance services that are provided by the licensed agencies. No changes are expected due to this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The air ambulance rule presents no unreasonable barriers to entry for qualified providers. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Allan Liu by phone at 801-273-6664, by FAX at 801-273-4165, or by Internet E-mail at aliu@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37411.htm No. 37410 (New Rule): R426-6. Emergency Medical Services Competitive Grants Program Rules. SUMMARY OF THE RULE OR CHANGE: The rule will allow grant funds to be distributed through a competitive process to EMS agencies statewide. (DAR NOTE: A corresponding 120-day (emergency) rule that is effective as of 03/14/2013 is under DAR No. 37408 in this issue, April 1, 2013, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No effect on state budgets as the EMS Grants are not funded through the state budget. - LOCAL GOVERNMENTS: Grants are a voluntary process. Savings to local government will be the monies received from grant awards. - SMALL BUSINESSES: Current providers are all larger than 50 employees. Future businesses would be required to meet the same operational standards for equipment and staffing, employing more than 50 people. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Grants are a voluntary process. Savings to local government will be the monies received from grant awards. COMPLIANCE COSTS FOR AFFECTED PERSONS: Grants are a voluntary process. There are no significant regulations which would burden the EMS agencies to receive grants. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The grants should provide modest stimulus to local business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Allan Liu by phone at 801-273-6664, by FAX at 801-273-4165, or by Internet E-mail at aliu@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37410.htm JUDICIAL PERFORMANCE EVALUATION COMMISSION ADMINISTRATION No. 37383 (Amendment): R597-1. General Provisions. SUMMARY OF THE RULE OR CHANGE: The changes delete a reference to a pilot program that was completed in 2009; and provide a layperson's definition for the statutory term, "rebuttable presumption". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No impact because the amendment does not change anything related to how the commission operates or spends its state-allocated budget. - LOCAL GOVERNMENTS: No impact because the commission does not regulate local government or have any dealings with local government. - SMALL BUSINESSES: Because the commission has no authority with respect to small businesses and no dealings of any kind with them, these changes have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The only persons other than small businesses, businesses, or local government entities affected by these changes are lay members of the commission. The impact is that they will better understand a legal term that they must use in evaluating judges. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for any affected persons. If there were, the commission would assume them. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The rule amendment has no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Joanne Slotnik by phone at 801-538-1652, by FAX at 801-538-1024, or by Internet E-mail at jslotnik@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/10/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37383.htm No. 37382 (Amendment): R597-3. Judicial Performance Evaluations. SUMMARY OF THE RULE OR CHANGE: The rule permits the commission to provide a judge with a partial midterm evaluation if the judge's appointment date precludes the collection of sufficient data for a full midterm evaluation. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Because the rule limits the work that the commission must do in certain circumstances, there is no anticipated cost for the state. However, because the work is contracted for before the appointment date of affected judges, there is no cost savings either. - LOCAL GOVERNMENTS: The commission has no authority with respect to local government and its work has nothing to do with local government. Consequently, there is no anticipated cost or savings to local government. - SMALL BUSINESSES: Because the commission has no authority with respect to small businesses and has no contracts or other dealings with small businesses, there is no anticipated cost or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Because the commission has no authority with respect to persons other than small businesses, businesses, or local government entities, there is no anticipated cost or savings to such persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: The commission assumes all compliance costs, so no costs for anyone else at all. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The change has no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Joanne Slotnik by phone at 801-538-1652, by FAX at 801-538-1024, or by Internet E-mail at jslotnik@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/10/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37382.htm 3. NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive public comment that requires the Proposed Rule to be altered before it goes into effect. A Change in Proposed Rule allows an agency to respond to comments it receives. While the law does not designate a comment period for a Change in Proposed Rule, it does provide for a 30-day waiting period. An agency may accept additional comments during this period, and, at its option, may designate a comment period or may hold a public hearing. The 30-day waiting period for Changes in Proposed Rules published in Utah State Bulletin ends May 1, 2013. From the end of the 30-day waiting period through July 30, 2013, an agency may notify the Division of Administrative Rules that it wants to make the Change in Proposed Rule effective. When an agency submits a Notice of Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by the Change in Proposed Rule becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication of the Change in Proposed Rule. If the agency designates a public comment period, the effective date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date. Alternatively, the agency may file another Change in Proposed Rule in response to additional comments received. If the Division of Administrative Rules does not receive a Notice of Effective Date or another Change in Proposed Rule by the end of the 120-day period after publication, the Change in Proposed Rule filings, along with its associated Proposed Rule, lapses and the agency must start the process over. Changes in Proposed Rules are governed by Section 63G-3-303; Rule R15-2; and Sections R15-4-3, R15-4-5, R15-4-7, and R15-4-9. ENVIRONMENTAL QUALITY AIR QUALITY No. 36738 (Change in Proposed Rule): R307-343. Emissions Standards for Wood Furniture Manufacturing Operations. SUMMARY OF THE RULE OR CHANGE: Most of the changes are to more clearly state language in the rule. For example, in Subsection R307-343-5(2), the phrase, "emission reductions" is changed to "transfer efficiency". Section R307-343- 8 is amended by adding Tooele as a county in Utah where all applicable sources shall be in compliance with this rule by 01/01/2014. (DAR NOTE: This is the second change in proposed rule (CPR) for Rule R307-343. The original proposed amendment upon which the first CPR was based was published in the October 1, 2012, issue of the Utah State Bulletin, on page 56. The first CPR upon which this second CPR is based was published in the January 1, 2013, issue of the Utah State Bulletin, on page 49. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike out indicates text that has been deleted. You must view the first CPR, the second CPR, and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are merely to clarify the rule applicability, and there are no new requirements added through them. Therefore, there are no anticipated costs or savings. - LOCAL GOVERNMENTS: These changes are merely to clarify the rule applicability, and there are no new requirements added through them. Therefore, there are no anticipated costs or savings. - SMALL BUSINESSES: These changes are merely to clarify the rule applicability, and there are no new requirements added through them. Therefore, there are no anticipated costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These changes are merely to clarify the rule applicability, and there are no new requirements added through them. Therefore, there are no anticipated costs or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: These changes are merely to clarify the rule applicability. There are no compliance costs associated with the changes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As this filing does not make any changes to the requirements on business, there is no fiscal impact anticipated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/36738.htm No. 36735 (Change in Proposed Rule): R307-353. Plastic Parts Coatings. SUMMARY OF THE RULE OR CHANGE: Changes are made throughout the rule to ensure that it is clear that the rule applies to plastic parts coating operations. A definition for "plastic" is added. Table 1 is changed by replacing "VOC EMISSION RATES" with "VOC CONTENT LIMITATIONS". Other style, formatting, and grammar changes are made. (DAR NOTE: This is the second change in proposed rule (CPR) for Rule R307-353. The original proposed new rule upon which the first CPR was based was published in the October 1, 2012, issue of the Utah State Bulletin, on page 85. The first CPR upon which this second CPR is based was published in the January 1, 2013, issue of the Utah State Bulletin, on page 75. Underlining in the rule below indicates text that has been added since the publication of the proposed new rule mentioned above; strike out indicates text that has been deleted. You must view the first CPR, the second CPR, and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are merely to clarify the rule applicability, and there are no new requirements added through them. Therefore, there are no anticipated costs or savings. - LOCAL GOVERNMENTS: These changes are merely to clarify the rule applicability, and there are no new requirements added through them. Therefore, there are no anticipated costs or savings. - SMALL BUSINESSES: These changes are merely to clarify the rule applicability, and there are no new requirements added through them. Therefore, there are no anticipated costs or savings. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: These changes are merely to clarify the rule applicability, and there are no new requirements added through them. Therefore, there are no anticipated costs or savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: These changes are merely to clarify the rule applicability. There are no compliance costs associated with the changes. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As this filing does not make any changes to the requirements on business, there is no fiscal impact anticipated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON DIRECT QUESTIONS REGARDING THIS RULE TO: - Mark Berger by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/36735.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 37085 (Change in Proposed Rule): R414-29. Client Review/Education and Restriction Policy. SUMMARY OF THE RULE OR CHANGE: This change in proposed rule clarifies restriction policy and the restriction review process for the Medicaid program. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the December 15, 2012, issue of the Utah State Bulletin, on page 28. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department does not anticipate any impact to the state budget because this change only clarifies restriction policy and the restriction review process for the Medicaid program. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund nor provide Medicaid services to Medicaid recipients. - SMALL BUSINESSES: The Department does not anticipate any impact to small businesses because this change only clarifies restriction policy and the restriction review process for the Medicaid program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not anticipate any impact to Medicaid providers and to Medicaid recipients because this change only clarifies restriction policy and the restriction review process for the Medicaid program. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Department does not anticipate any impact to a single Medicaid provider or to a Medicaid recipient because this change only clarifies restriction policy and the restriction review process for the Medicaid program. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This change will not impact local business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37085.htm HUMAN SERVICES SERVICES FOR PEOPLE WITH DISABILITIES No. 37163 (Change in Proposed Rule): R539-3. Rights and Protections. SUMMARY OF THE RULE OR CHANGE: The proposed rule change makes minor edits to the originally proposed change only in Section R539-3-7. The changes remove the words "direct" and "Persons or" from Subsection R539-3-7(5), and otherwise are minor deletions and additions of one or two words, only slightly changing the rule. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the January 15, 2013, issue of the Utah State Bulletin, on page 21. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule affects providers by requiring criteria for the use of electronic surveillance, should providers choose to use such a system. Therefore no cost increase is expected in the state budget. This change does not affect that original analysis. - LOCAL GOVERNMENTS: This rule affects providers by requiring criteria for the use of electronic surveillance, should providers choose to use such a system. Therefore no cost increase is expected for local governments. The disability program is run through private contractor provider networks and imposes no burden on local governments. This change does not affect that original analysis. - SMALL BUSINESSES: The Division is not requiring the use of electronic surveillance. While some costs associated with meeting criteria for electronic surveillance privacy measures may be incurred, the rule does not dictate that any electronic surveillance is required. Costs to providers are on an elective basis. Requirements listed in this change are minimal and required for the person's privacy and to meet existing rules and regulations. This change does not affect that original analysis. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule provides privacy protections ensuring that persons cannot be electronically surveilled without prior written consent and approval by the Human Rights Committee. Protections are at no cost to the person. This change does not affect that original analysis. COMPLIANCE COSTS FOR AFFECTED PERSONS: No costs expected to affect persons with disabilities, persons' families or guardians as part of this rule change. This change does not affect that original analysis. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There will be no cost or savings associated with implementing this rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/01/2013 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: 05/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37163.htm 4. NOTICES OF 120-DAY (EMERGENCY) RULES An agency may file a 120-Day (Emergency) Rule when it finds that the regular rulemaking procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because of budget restraints or federal requirements; or (c) place the agency in violation of federal or state law (Subsection 63G-3- 304(1)). A 120-Day Rule is effective at the moment the Division of Administrative Rules receives the filing, or on a later date designated by the agency. A 120-Day Rule is effective for 120 days or until it is superseded by a permanent rule. Because 120-Day Rules are effective immediately, the law does not require a public comment period. However, when an agency files a 120-Day Rule, it usually files a Proposed Rule at the same time, to make the requirements permanent. Comment may be made on the Proposed Rule. Emergency or 120-Day Rules are governed by Section 63G-3-304; and Section R15-4-8. HEALTH FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 37409 (Emergency Rule): R426-2. Air Medical Service Rules. SUMMARY OF THE RULE OR CHANGE: The rule will allow the Bureau of EMS to maintain standards and criteria for licensed air ambulance providers. (DAR NOTE: A corresponding proposed new Rule R426-2 is under DAR No. 37411 in this issue, April 1, 2013, of the Bulletin.) EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD cause an imminent peril to the public health, safety, or welfare; and place the agency in violation of federal or state law. JUSTIFICATION: The rule will ensure that the current standards of operations for air ambulance services are maintained. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: State budgets are affected as the fees for the licensure process pays for the costs to regulate the air ambulance agencies operating in Utah. - LOCAL GOVERNMENTS: No new fiscal impacts from recently expired air ambulance rules. Fiscal impacts of past air ambulance rules have not applied to local governments due to the air ambulance industry in Utah is currently under cooperative ownerships. - SMALL BUSINESSES: Current providers are all larger than 50 employees. Future business would be required to meet the same operational standards for equipment and staffing. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No new fiscal impacts to currently existing licensed air ambulance providers. This rule is a replacement for past operational requirements. Licensed providers already have surpassed the minimal requirements required by this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: Affected persons are currently paying for air ambulance services that are provided by the licensed agencies. No changes are expected due to this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The air ambulance rule presents no unreasonable barriers to entry for qualified providers. DIRECT QUESTIONS REGARDING THIS RULE TO: - Allan Liu by phone at 801-273-6664, by FAX at 801-273-4165, or by Internet E-mail at aliu@utah.gov EFFECTIVE: 03/14/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37409.htm No. 37408 (Emergency Rule): R426-6. Emergency Medical Services Competitive Grants Program Rules. SUMMARY OF THE RULE OR CHANGE: The rule will allow grant funds to be distributed through a competitive process to EMS agencies statewide. (DAR NOTE: A corresponding proposed new Rule R426-6 is under DAR No. 37410 in this issue, April 1, 2013, of the Bulletin.) EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: The rule will allow grant funds to be distributed through a competitive process to EMS agencies statewide. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--Funding for EMS Competitive Grants are not from state budgets. - LOCAL GOVERNMENTS: Grants are a voluntary process. Savings to local government will be the monies received from grant awards. - SMALL BUSINESSES: Does not apply--Current EMS providers are all larger than 50 employees. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Grants are a voluntary process. Savings to local government will be the monies received from grant awards. COMPLIANCE COSTS FOR AFFECTED PERSONS: Grants are a voluntary process. There are no significant regulations which would burden the EMS agencies to receive grants. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The grants should provide modest stimulus to local business. DIRECT QUESTIONS REGARDING THIS RULE TO: - Allan Liu by phone at 801-273-6664, by FAX at 801-273-4165, or by Internet E-mail at aliu@utah.gov EFFECTIVE: 03/14/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37408.htm 5. FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to remove obsolete rules from the Utah Administrative Code. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Notice of Review and Statement of Continuation (Notice); or amend the rule by filing a Proposed Rule and by filing a Notice. By filing a Notice, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the most recent edition of the Utah Administrative Code. The rule text may also be inspected at the agency or the Division of Administrative Rules. Notices are effective upon filing. Notices are governed by Section 63G-3-305. CORRECTIONS ADMINISTRATION No. 37389 (5-year Review): R251-114. Offender Long-Term Health Care - Notice. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The conditions which require this rule are still in effect. The rule is for the public's notice and facilities which care for the prison's chronically ill. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Greg Peay by phone at 801-201-6052, by FAX at 801-545-5572, or by Internet E-mail at gpeay@utah.gov EFFECTIVE: 03/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37389.htm EDUCATION ADMINISTRATION No. 37399 (5-year Review): R277-518. Career and Technical Education Licenses. 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 continues to be necessary because it provides standards for the career and technical education license area and endorsements. Therefore, this rule should be continued. 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: 03/12/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37399.htm No. 37400 (5-year Review): R277-600. Student Transportation Standards and 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 continues to be necessary because it provides standards for school districts to qualify for state transportation funds. Therefore, this rule should be continued. 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: 03/12/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37400.htm No. 37401 (5-year Review): R277-605. Coaching Standards and Athletic Clinics. 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 continues to be necessary because it provides standards for school athletic and activity coaches and standards for clinics and workshops. Therefore, this rule should be continued. 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: 03/12/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37401.htm No. 37402 (5-year Review): R277-610. Released-Time Classes. 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 continues to be necessary because it provides standards and procedures for public schools regarding released-time classes consistent with the law. Therefore, this rule should be continued. 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: 03/12/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37402.htm No. 37403 (5-year Review): R277-700. The Elementary and Secondary School Core Curriculum. 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 continues to be necessary because it provides the minimum Core Curriculum and Core Standard requirements for public schools. Therefore, this rule should be continued. 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: 03/12/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37403.htm No. 37404 (5-year Review): R277-702. Procedures for the Utah High School Completion Diploma (Effective on July 1, 2009). 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 continues to be necessary because it provides standards and procedures for obtaining a Utah High School Completion Diploma. Therefore, this rule should be continued. 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: 03/12/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37404.htm No. 37405 (5-year Review): R277-709. Education Programs Serving Youth in Custody. 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 continues to be necessary because it provides operation standards and procedures for the distribution of funds for youth in custody programs. Therefore, this rule should be continued. 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: 03/12/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37405.htm No. 37406 (5-year Review): R277-719. Standards for Selling Foods Outside of the Reimbursable Meal in Schools. 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 continues to be necessary because it provides requirements for school district and charter school policies regarding foods sold outside of the reimbursable meal service time periods. Therefore, this rule should be continued. 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: 03/12/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37406.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 37391 (5-year Review): R414-6. Reduction in Certain Targeted Case Management Services. 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 should continue this rule because it defines TCM services for Medicaid recipients and specifies TCM services that are not available. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 03/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37391.htm INSURANCE ADMINISTRATION No. 37412 (5-year Review): R590-94. Rule Permitting Smoker/Nonsmoker Mortality Tables For Use In Determining Minimum Reserve Liabilities and Nonforfeiture Benefits. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule permits the use of smoker/nonsmoker mortality tables as a reserve standard allowing for a fairer pricing of life insurance products. The rule helps insurers offer lower rates to nonsmokers. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov EFFECTIVE: 03/15/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37412.htm NATURAL RESOURCES WATER RIGHTS No. 37388 (5-year Review): R655-5. Maps Submitted to the Division of Water Rights. 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 still required for processing and acceptance by the State Engineer. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Marianne Burbidge by phone at 801-538-7370, by FAX at 801-538-7467, or by Internet E-mail at marianneburbidge@utah.gov EFFECTIVE: 03/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37388.htm WILDLIFE RESOURCES No. 37384 (5-year Review): R657-3. Collection, Importation, Transportation, and Possession of Animals. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R657-3 governs the collection, importation, exportation, transportation, and possession of animals and their parts. The procedures adopted in this rule have provided an effective and efficient process. Continuation of this rule is necessary for continued success of this program. DIRECT QUESTIONS REGARDING THIS RULE TO: - Staci Coons by phone at 801-538-4718, by FAX at 801-538-4709, or by Internet E-mail at stacicoons@utah.gov EFFECTIVE: 03/05/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37384.htm PUBLIC SAFETY FIRE MARSHAL No. 37390 (5-year Review): R710-12. Hazardous Materials Training and Certification. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: With over 8,000 emergency responders in the state who are required through OSHA 1910.120 to have hazardous materials training and certification, this rule sets the foundation for processes and oversight to ensure that nationally recognized standards are met. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Coy Porter by phone at 801-284-6358, by FAX at 801-284-6351, or by Internet E-mail at coyporter@utah.gov EFFECTIVE: 03/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37390.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 37385 (5-year Review): R746-330. Rules for Water and Sewer Utilities Operating in Utah. 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 continues to be necessary to regulate the methods and conditions of service of water and sewer corporations. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - David Clark by phone at 801-530-6708, by FAX at 801-530-6796, or by Internet E-mail at drexclark@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov EFFECTIVE: 03/05/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37385.htm No. 37386 (5-year Review): R746-347. Extended Area Service (EAS). 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 continues to be necessary to establish or restructure EAS under just and reasonable rates offered by Utah telephone corporations. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - David Clark by phone at 801-530-6708, by FAX at 801-530-6796, or by Internet E-mail at drexclark@utah.gov - Sheri Bintz by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov EFFECTIVE: 03/05/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37386.htm REGENTS (BOARD OF) UNIVERSITY OF UTAH, ADMINISTRATION No. 37407 (5-year Review): R805-1. Operating Regulations for Bicycles, Skateboards and Scooters. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The University of Utah's ability to ensure the safety of all persons on campus has been facilitated by Rule R805-1. Rule R805-1 regulates the operation of bicycles, skateboards, and scooters on campus and provides clear standards on the proper operation of such means of transportation. Rule R805-1 further gives the University of Utah the ability to sanction students, staff, and faculty who are in violation of this rule. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Robert Payne by phone at 801-585-7002, by FAX at 801-585-7007, or by Internet E-mail at robert.payne@legal.utah.edu EFFECTIVE: 03/12/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37407.htm 6. NOTICES OF FIVE-YEAR EXPIRATIONS 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 (Division). However, if the agency fails to file either the review or the extension by the five-year anniversary date of the rule, the rule expires. Upon expiration of the rule, the Division is required to remove the rule from the Utah Administrative Code. The agency may no longer enforce the rule, and it must follow regular rulemaking procedures to replace the rule if necessary. The rules listed below were not reviewed in accordance with Section 63G-3- 305. These rules have expired and have been removed from the Utah Administrative Code. The expiration of administrative rules for failure to comply with the five- year review requirement is governed by Subsection 63G-3-305(8). HEALTH FAMILY HEALTH AND PREPAREDNESS, EMERGENCY MEDICAL SERVICES No. 37397 (Expired): R426-2. Air Medical Service Rules. SUMMARY: The five-year review and notice of continuation was not filed on this rule by the deadline and it expired and is removed from the Administrative Code as of 02/24/2013. (DAR NOTE: A 120-day (emergency rule) that puts the rule back into place and is effective as of 03/14/2013 is under DAR No. 37409, and a proposed new Rule R426-2 is under DAR No. 37411 in this issue, April 1, 2013, of the Bulletin.) DIRECT QUESTIONS REGARDING THIS RULE TO: - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov EFFECTIVE: 02/24/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37397.htm No. 37398 (Expired): R426-6. Emergency Medical Services Competitive Grants Program Rules. SUMMARY: The five-year review and notice of continuation was not filed on this rule by the deadline and it expired and is removed from the Administrative Code as of 03/01/2013. (DAR NOTE: A 120-day (emergency rule) that puts the rule back into place and is effective as of 03/14/2013 is under DAR No. 37408, and a proposed new Rule R426-6 is under DAR No. 37410 in this issue, April 1, 2013, of the Bulletin.) DIRECT QUESTIONS REGARDING THIS RULE TO: - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov EFFECTIVE: 03/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37398.htm REGENTS (BOARD OF) UNIVERSITY OF UTAH, COMMUTER SERVICES No. 37387 (Expired): R810-12. Bicycles, Skateboards and Other Toy Vehicles. SUMMARY: The five-year review and notice of continuation was not filed on this rule by the deadline and it expired and is removed from the Administrative Code as of 03/07/2013. DIRECT QUESTIONS REGARDING THIS RULE TO: - Nancy Lancaster by phone at 801-538-3218, by FAX at 801-537-9240, or by Internet E-mail at nllancaster@utah.gov EFFECTIVE: 03/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130401/37387.htm 7. 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. ADMINISTRATIVE SERVICES FLEET OPERATIONS No. 36949 (AMD): R27-3.Vehicle Use Standards Published: 11/15/2012 Effective: 03/07/2013 COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 37199 (AMD): R156-1-102.Definitions Published: 02/01/2013 Effective: 03/11/2013 No. 37202 (NEW): R156-82.Electronic Prescribing Act Rule Published: 02/01/2013 Effective: 03/11/2013 ENVIRONMENTAL QUALITY RADIATION CONTROL No. 37189 (AMD): R313-12.General Provisions Published: 02/01/2013 Effective: 03/19/2013 No. 37190 (AMD): R313-14.Violations and Escalated Enforcement Published: 02/01/2013 Effective: 03/19/2013 No. 37191 (AMD): R313-15.Standards for Protection Against Radiation Published: 02/01/2013 Effective: 03/19/2013 No. 37192 (AMD): R313-17.Administrative Procedures Published: 02/01/2013 Effective: 03/19/2013 No. 37193 (AMD): R313-18.Notices, Instructions and Reports to Workers by Licensees or Registrants--Inspections Published: 02/01/2013 Effective: 03/19/2013 No. 37194 (AMD): R313-19.Requirements of General Applicability to Licensing of Radioactive Material Published: 02/01/2013 Effective: 03/19/2013 No. 37195 (AMD): R313-22.Specific Licenses Published: 02/01/2013 Effective: 03/19/2013 No. 37196 (AMD): R313-24.Uranium Mills and Source Material Mill Tailings Disposal Facility Requirements Published: 02/01/2013 Effective: 03/19/2013 No. 37197 (AMD): R313-30.Therapeutic Radiation Machines Published: 02/01/2013 Effective: 03/19/2013 No. 37198 (AMD): R313-35.Requirements for X-Ray Equipment Used for Non- Medical Applications Published: 02/01/2013 Effective: 03/19/2013 NATURAL RESOURCES PARKS AND RECREATION No. 37205 (AMD): R651-633.Special Closures or Restrictions Published: 02/01/2013 Effective: 03/14/2013 WATER RIGHTS No. 37119 (REP): R655-7.Administrative Procedures for Notifying the State Engineer of Sewage Effluent Use or Change in the Point of Discharge for Sewage Effluent Published: 01/15/2013 Effective: 03/07/2013 REGENTS (BOARD OF) UNIVERSITY OF UTAH, COMMUTER SERVICES No. 37096 (AMD): R810-1-8.University Vehicle Parking Published: 01/01/2013 Effective: 03/21/2013 No. 37098 (AMD): R810-1-14.Living In A Motor Vehicle On Campus Published: 01/01/2013 Effective: 03/21/2013 No. 37092 (AMD): R810-2-1.Parking Meters Published: 01/01/2013 Effective: 03/21/2013 8. 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 . <>