Utah State Digest, Vol. 2013, No. 8 (April 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 March 16, 2013, 12:00 AM through April 1, 2013, 11:59 PM Volume 2013, No. 8 April 15, 2013 Prepared by Division of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic publication of the State of Utah, Department of Administrative Services, Division of Administrative Rules. It is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Division of Administrative Rules, 4120 State Office Building, Salt Lake City, Utah 84114-1201, telephone 801-538-3218, FAX 801-359-0759. Additional rulemaking information, and electronic versions of all administrative rule publications are available at: http://www.rules.utah.gov/ . The Digest is available free of charge online at http://www.rules.utah.gov/publicat/digest.htm and by E-mail Listserv. ************************************************ Division of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** 1. EDITOR'S NOTES Delayed Notice, Publication, and Codification of the Expiration of Rule R436- 11 - 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/2013/20130415/ed154006.htm 2. SPECIAL NOTICES Notice for May 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/2013/20130415/sn153986.htm 3. NOTICES OF PROPOSED RULES A state agency may file a Proposed Rule when it determines the need for a new rule, a substantive change to an existing rule, or a repeal of an existing rule. Filings received between March 16, 2013, 12:00 a.m., and April 1, 2013, 11:59 p.m. are summarized in this, the April 15, 2013, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the April 15, 2013, issue of the Utah State Bulletin until at least May 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 August 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. HEALTH DISEASE CONTROL AND PREVENTION, HEALTH PROMOTION No. 37453 (Amendment): R384-201. School-Based Vision Screening for Students in Public Schools. SUMMARY OF THE RULE OR CHANGE: This rule establishes guidelines for student vision screening, including screening requirements, documenting proof of screening, training of screeners, screening documentation, and requirements for referrals. The amendment makes minor technical changes to current rule language. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: All anticipated costs come out of existing budgets. The Utah Division of the Blind is financially responsible for developing and maintaining a vision screening database, maintaining staff positions for vision screening training, screening documentation, photo screening, and referral follow-up. Staff time is required to process school vision screening reports and to create and maintain a registry of results. The State Department of Health will act as consultant in the development of the database, documentation, training, and visual screening requirements in the school setting. - LOCAL GOVERNMENTS: The proposed rule does not add costs to existing local budgets. Existing budgets cover the costs of vision screening in school which have long been established, requiring staff time of school personnel and existing school nurses to participate in training, conduct required screenings, and prepare and submit required reports. - SMALL BUSINESSES: There are no costs for small businesses. The proposed rule only impacts local schools and state government entities. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no costs for small businesses. The proposed rule only impacts local schools and state government entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. Vision screenings are provided free of charge to students. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These changes should have no adverse impact on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Heather Borski by phone at 801-538-9998, by FAX at 801-538-9495, or by Internet E-mail at hborski@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37453.htm DISEASE CONTROL AND PREVENTION, ENVIRONMENTAL SERVICES No. 37454 (Amendment): R392-510-6. Requirements for Smoking Permitted Areas. SUMMARY OF THE RULE OR CHANGE: The proposed amendment to the rule deletes one sentence: "Smoking may be permitted in vehicles that are workplaces when not occupied by nonsmokers." ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no anticipated cost or savings to the state budget as issues regarding this rule will be handled using existing funds. - LOCAL GOVERNMENTS: No anticipated cost or savings to local governments as rule enforcement will be handled using existing funds. - SMALL BUSINESSES: There are no anticipated costs or savings other than some minor management costs incurred educating employees regarding smoking no longer being allowed in work vehicles. These types of costs are minor and most likely will be absorbed in the day to day cost of doing business. The Department is unable to estimate these costs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings other than some minor management costs incurred educating employees regarding smoking no longer being allowed in work vehicles. These types of costs are minor and most likely will be absorbed in the day to day cost of doing business. The Department is unable to estimate these costs. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no anticipated costs or savings to single individuals, partnerships, corporation, associations, governmental entities, or public or private organizations other than minor management costs incurred to train employees regarding the requirements of this rule change. These will most likely be absorbed in the day to day costs of business operation. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This will have no adverse impact on business as it reduces certain regulatory requirements. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ronald Marsden by phone at 801-538-6191, by FAX at 801-538-6564, or by Internet E-mail at rmarsden@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37454.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 37422 (Amendment): R414-1-5. Incorporations by Reference. SUMMARY OF THE RULE OR CHANGE: Section R414-1-5 is changed to incorporate the State Plan and approved State Plan Amendments (SPAs) by reference to 04/01/2013. These SPAs include SPA 13-001-UT, Pharmacy Services, which changes Medicaid coverage for barbiturates and benzodiazepines for dual eligible beneficiaries by excluding coverage when Medicare Part D coverage for those products is in effect and Medicaid coverage overlaps under the State Plan; and SPA 13-004-UT Physician Services, which requires psychiatrists and other qualified prescribing providers to use evaluation and management procedure codes rather than the current unique code for psychiatric pharmacologic management for physician services. This rule change also incorporates by reference the Medical Supplies Utah Medicaid Provider Manual and the Hospital Services Utah Medicaid provider manual, effective 04/01/2013; incorporates by reference both the definitions and the attachment for the Private Duty Nursing Acuity Grid found in the Home Health Agencies Utah Medicaid Provider Manual, effective 04/01/2013; incorporates by reference the Speech-Language Services Utah Medicaid Provider Manual, effective 04/01/2013; incorporates by reference the Audiology Services Utah Medicaid Provider Manual, effective 04/01/2013; incorporates by reference the Hospice Care Utah Medicaid Provider Manual, effective 04/01/2013; incorporates by reference the Long Term Care Services in Nursing Facilities Utah Medicaid Provider Manual, with its attachments, effective 04/01/2013; incorporates by reference the Utah Home and Community-Based Waiver Services for Individuals 65 or Older Utah Medicaid Provider Manual, effective 04/01/2013; incorporates by reference the Personal Care Utah Medicaid Provider Manual, with its attachments, effective 04/01/2013; incorporates by reference the Utah Home and Community-Based Waiver Services for Individuals with Acquired Brain Injury Age 18 and Older Utah Medicaid Provider Manual, effective 04/01/2013; incorporates by reference the Utah Home and Community- Based Waiver Services for Individuals with Intellectual Disabilities or Other Related Conditions Utah Medicaid Provider Manual, effective 04/01/2013; incorporates by reference the Utah Home and Community-Based Waiver Services for Individuals with Physical Disabilities Utah Medicaid Provider Manual, effective 04/01/2013; incorporates by reference the Utah Home and Community- Based Waiver Services New Choices Waiver Utah Medicaid Provider Manual, effective 04/01/2013; incorporates by reference the Utah Home and Community- Based Waiver Services for Technology Dependent, Medically Fragile Individuals Utah Medicaid Provider Manual, effective 04/01/2013; Utah Home and Community- Based Waiver Services Autism Waiver Utah Medicaid Provider Manual, effective 04/01/2013; Office of Inspector General Administrative Hearings Procedures Manual, effective 04/01/2013; Pharmacy Services Utah Medicaid Provider Manual with its attachments, effective 04/01/2013; and Coverage and Reimbursement Code Look-up Tool, effective 04/01/2013. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and in the Look-up Tool do not create costs or savings to the Department or other state agencies. - LOCAL GOVERNMENTS: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and in the Look-up Tool do not create costs or savings to local governments. - SMALL BUSINESSES: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and in the Look-up Tool do not create costs or savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no budget impact because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and in the Look-up Tool do not create costs or savings to other persons or entities. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this change only fulfills the requirement to incorporate the State Plan by reference. Implementation of the State Plan is within legislative budget allotments. Further, the rule's incorporation of ongoing Medicaid policy described in the provider manuals and in the Look-up Tool do not create costs or savings to a single Medicaid recipient or provider. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule should not have a direct fiscal impact on business. Incorporation of the State Plan by this rule assures that the Medicaid program is implemented through administrative rule. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2013 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: 05/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37422.htm FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 37442 (Amendment): R432-31. Life with Dignity Order. SUMMARY OF THE RULE OR CHANGE: The amendments streamline the rule by creating the same requirements for all provider types. The amendments define policy and procedures that are required to be implemented in all licensed health care facilities in regards to the use of the Life with Dignity Form. One major change is that health facilities no longer need to offer Life With Dignity Forms to every patient or resident; only those that have conditions outlined in the rule that may lead to the use of the form. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule amendment will have no effect on state budgets since there will be no change in current practice. - LOCAL GOVERNMENTS: This rule amendment will have no effect on local government budgets since there will be no change in current practice. - SMALL BUSINESSES: This rule amendment will have no effect on small businesses since there will be no change in current practice. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule amendment will have no effect on persons since there will be no change in current practice. COMPLIANCE COSTS FOR AFFECTED PERSONS: This rule amendment will have no effect on persons since there will be no change in current practice. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment will have little or no impact on affected business because it simplifies statutorily required procedures currently in place. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-538-9087, by FAX at 801-538-6024, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-538-6279, by FAX at 801-538-6024, or by Internet E-mail at jhoffman@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37442.htm PARDONS (BOARD OF) ADMINISTRATION No. 37438 (Amendment): R671-312. Commutation Hearings for Death Penalty Cases. SUMMARY OF THE RULE OR CHANGE: This rule change involves the splitting of the original Rule R671-312 into three rules; this part of the rule is becoming a general guideline for the death penalty commutation process and procedure, and the other two determine processes and procedures specific to each of the two categories of death penalty cases. Two filings that take language from Rule R671-312 are published in this Bulletin and address "Commutation Procedures Applicable to Persons Sentenced to Death Before April 26, 1992" (Rule R671-312A) and "Commutation Procedures Applicable to Persons Sentenced to Death After April 26, 1992" (Rule R671-312B). (DAR NOTE: The proposed new Rule R671-312A is under DAR No. 37439 and the proposed new Rule R671-312B is under DAR No. 37440 in this issue, April 15, 2013, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to state government. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - LOCAL GOVERNMENTS: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to local governments. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - SMALL BUSINESSES: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to small businesses. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to any other person. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost for affected persons. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Chairman of the Board of Pardons and Parole has considered this rule amendment, and finds that there is no fiscal impact on businesses because of this rule amendment. Interested persons may present their views on the rule pursuant to Division of Administrative Rules process and procedures. A public meeting was scheduled, noticed, and held regarding this rule amendment on Monday, 3/4/2013 at 8:00 a.m. No person attended the hearing to comment on this rule amendment, and no comments have been received by the Board. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet E-mail at jagreen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37438.htm No. 37439 (New Rule): R671-312A. Commutation Procedures Applicable to Persons Sentenced to Death Before April 26, 1992. SUMMARY OF THE RULE OR CHANGE: This new rule involves the splitting of the original Rule R671-312 into three rules; this part of the rule is one of the two filings that take language from Rule R671-312 and are published in this Bulletin and address "Commutation Procedures Applicable to Persons Sentenced to Death Before April 26, 1992" (this rule) and "Commutation Procedures Applicable to Persons Sentenced to Death After April 26, 1992" (Rule R671- 312B). (DAR NOTE: The proposed amendment to Rule R671-312 is under DAR No. 37438 and the proposed new Rule R671-312B is under DAR No. 37440 in this issue, April 15, 2013, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Enactment of this new rule will have no fiscal impact and will impose no cost or savings to state government. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - LOCAL GOVERNMENTS: Enactment of this new rule will have no fiscal impact and will impose no cost or savings to local governments. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - SMALL BUSINESSES: Enactment of this new rule will have no fiscal impact and will impose no cost or savings to small businesses. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Enactment of this new rule will have no fiscal impact and will impose no cost or savings to any other person. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost for affected persons. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Chairman of the Board of Pardons and Parole has considered this new rule, and finds that there is no fiscal impact on businesses because of this new rule. Interested persons may present their views on the rule pursuant to Division of Administrative Rules process and procedures. A public meeting was scheduled, noticed, and held regarding this rule amendment on Monday, 3/4/2013 at 8:00 a.m. No person attended the hearing to comment on this rule amendment, and no comments have been received by the Board. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet E-mail at jagreen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37439.htm No. 37440 (New Rule): R671-312B. Commutation Procedures Applicable to Persons Sentenced to Death After April 26, 1992. SUMMARY OF THE RULE OR CHANGE: This new rule involves the splitting of the original Rule R671-312 into three rules; this part of the rule is one of the two filings that take language from Rule R671-312 and are published in this Bulletin and address "Commutation Procedures Applicable to Persons Sentenced to Death Before April 26, 1992" (Rule R671-312A) and "Commutation Procedures Applicable to Persons Sentenced to Death After April 26, 1992" (this rule). (DAR NOTE: The proposed amendment to Rule R671-312 is under DAR No. 37438 and the proposed new Rule R671-312A is under DAR No. 37439 in this issue, April 15, 2013, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Enactment of this new rule will have no fiscal impact and will impose no cost or savings to state government. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - LOCAL GOVERNMENTS: Enactment of this new rule will have no fiscal impact and will impose no cost or savings to local governments. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - SMALL BUSINESSES: Enactment of this new rule will have no fiscal impact and will impose no cost or savings to small businesses. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Enactment of this new rule will have no fiscal impact and will impose no cost or savings to any other person. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost for affected persons. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Chairman of the Board of Pardons and Parole has considered this new rule, and finds that there is no fiscal impact on businesses because of this new rule. Interested persons may present their views on the rule pursuant to Division of Administrative Rules process and procedures. A public meeting was scheduled, noticed, and held regarding this rule amendment on Monday, 3/4/2013 at 8:00 a.m. No person attended the hearing to comment on this rule amendment, and no comments have been received by the Board. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet E-mail at jagreen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37440.htm No. 37455 (Amendment): R671-315. Pardons. SUMMARY OF THE RULE OR CHANGE: This rule change clarifies Board procedures with regard to pardon applications. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to state government. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - LOCAL GOVERNMENTS: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to local governments. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - SMALL BUSINESSES: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to small businesses. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to any other person. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost for affected persons. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Chairman of the Board of Pardons and Parole has considered this rule amendment, and finds that there is no fiscal impact on businesses because of this rule amendment. Interested persons may present their views on the rule pursuant to Division of Administrative Rules process and procedures. A public meeting was scheduled, noticed, and held regarding this rule amendment on Monday, 03/04/2013 at 8:00 a.m. No person attended the hearing to comment on this rule amendment, and no comments have been received by the Board. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet E-mail at jagreen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37455.htm No. 37456 (Amendment): R671-509. Parole Progress / Violation Reports. SUMMARY OF THE RULE OR CHANGE: This rule change clarifies the process through which the Board is provided parole progress reports and the procedures and the circumstances under which parole may be revoked by the Board. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to state government. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - LOCAL GOVERNMENTS: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to local governments. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - SMALL BUSINESSES: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to small businesses. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to any other person. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost for affected persons. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Chairman of the Board of Pardons and Parole has considered this rule amendment, and finds that there is no fiscal impact on businesses because of this rule amendment. Interested persons may present their views on the rule pursuant to Division of Administrative Rules process and procedures. A public meeting was scheduled, noticed, and held regarding this rule amendment on Monday, 03/04/2013 at 8:00 a.m. No person attended the hearing to comment on this rule amendment, and no comments have been received by the Board. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet E-mail at jagreen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37456.htm No. 37457 (Amendment): R671-510. Evidence for Issuance of Warrants. SUMMARY OF THE RULE OR CHANGE: This rule change clarifies process and the circumstances under which a warrant may be requested and/or issued, and also articulates what information must be provided to the Board, what evidence is required, and how information may be updated. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to state government. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - LOCAL GOVERNMENTS: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to local governments. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - SMALL BUSINESSES: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to small businesses. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to any other person. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost for affected persons. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Chairman of the Board of Pardons and Parole has considered this rule amendment, and finds that there is no fiscal impact on businesses because of this rule amendment. Interested persons may present their views on the rule pursuant to Division of Administrative Rules process and procedures. A public meeting was scheduled, noticed, and held regarding this rule amendment on Monday, 03/04/2013 at 8:00 a.m. No person attended the hearing to comment on this rule amendment, and no comments have been received by the Board. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet E-mail at jagreen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37457.htm No. 37458 (Amendment): R671-512. Execution of the Warrant. SUMMARY OF THE RULE OR CHANGE: This rule change clarifies the agent's role in the process to be followed when executing a warrant, as well as clarifying the warrant execution process. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to state government. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - LOCAL GOVERNMENTS: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to local governments. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - SMALL BUSINESSES: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to small businesses. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to any other person. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost for affected persons. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Chairman of the Board of Pardons and Parole has considered this rule amendment, and finds that there is no fiscal impact on businesses because of this rule amendment. Interested persons may present their views on the rule pursuant to Division of Administrative Rules process and procedures. A public meeting was scheduled, noticed, and held regarding this rule amendment on Monday, 03/04/2013 at 8:00 a.m. No person attended the hearing to comment on this rule amendment, and no comments have been received by the Board. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet E-mail at jagreen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37458.htm No. 37459 (Amendment): R671-513. Expedited Determination of Parolee Challenge to Probable Cause. SUMMARY OF THE RULE OR CHANGE: This rule change clarifies the process through which, and the circumstances under which, a parolee can challenge the determination of probable cause as well as clarifying the Board's procedure for handling the request. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to state government. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - LOCAL GOVERNMENTS: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to local governments. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - SMALL BUSINESSES: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to small businesses. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to any other person. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost for affected persons. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Chairman of the Board of Pardons and Parole has considered this rule amendment, and finds that there is no fiscal impact on businesses because of this rule amendment. Interested persons may present their views on the rule pursuant to Division of Administrative Rules process and procedures. A public meeting was scheduled, noticed, and held regarding this rule amendment on Monday, 03/04/2013 at 8:00 a.m. No person attended the hearing to comment on this rule amendment, and no comments have been received by the Board. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet E-mail at jagreen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37459.htm No. 37460 (Amendment): R671-514. Waiver and Pleas of Guilt. SUMMARY OF THE RULE OR CHANGE: This rule change clarifies the policies and procedures through which waivers, guilty pleas, multiple pleas, and acceptance of pleas may be entered by a parolee and the procedures through which the Board handles such pleas. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to state government. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - LOCAL GOVERNMENTS: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to local governments. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - SMALL BUSINESSES: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to small businesses. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to any other person. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost for affected persons. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Chairman of the Board of Pardons and Parole has considered this rule amendment, and finds that there is no fiscal impact on businesses because of this rule amendment. Interested persons may present their views on the rule pursuant to Division of Administrative Rules process and procedures. A public meeting was scheduled, noticed, and held regarding this rule amendment on Monday, 03/04/2013 at 8:00 a.m. No person attended the hearing to comment on this rule amendment, and no comments have been received by the Board. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet E-mail at jagreen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37460.htm No. 37461 (Amendment): R671-515. Timeliness of Parole Revocation Hearings. SUMMARY OF THE RULE OR CHANGE: This rule change clarifies the procedures and policies surrounding Parole Revocation Hearings and how parolees detained in other states as well as exceeded time periods are to be handled according to those policies. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to state government. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - LOCAL GOVERNMENTS: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to local governments. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - SMALL BUSINESSES: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to small businesses. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to any other person. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost for affected persons. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Chairman of the Board of Pardons and Parole has considered this rule amendment, and finds that there is no fiscal impact on businesses because of this rule amendment. Interested persons may present their views on the rule pursuant to Division of Administrative Rules process and procedures. A public meeting was scheduled, noticed, and held regarding this rule amendment on Monday, 03/04/2013 at 8:00 a.m. No person attended the hearing to comment on this rule amendment, and no comments have been received by the Board. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet E-mail at jagreen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37461.htm No. 37462 (Amendment): R671-516. Parole Revocation Hearings. SUMMARY OF THE RULE OR CHANGE: This rule change clarifies policies and procedures which govern parole revocation hearing proceedings. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to state government. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - LOCAL GOVERNMENTS: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to local governments. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - SMALL BUSINESSES: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to small businesses. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to any other person. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost for affected persons. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Chairman of the Board of Pardons and Parole has considered this rule amendment, and finds that there is no fiscal impact on businesses because of this rule amendment. Interested persons may present their views on the rule pursuant to Division of Administrative Rules process and procedures. A public meeting was scheduled, noticed, and held regarding this rule amendment on Monday, 03/04/2013 at 8:00 a.m. No person attended the hearing to comment on this rule amendment, and no comments have been received by the Board. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet E-mail at jagreen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37462.htm No. 37463 (Amendment): R671-517. Evidentiary Hearings and Proceedings. SUMMARY OF THE RULE OR CHANGE: This amendment is intended to clarify of the language of the "Evidentiary Hearings and Proceedings" rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to state government. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - LOCAL GOVERNMENTS: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to local governments. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - SMALL BUSINESSES: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to small businesses. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to any other person. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost for affected persons. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Chairman of the Board of Pardons and Parole has considered this rule amendment, and finds that there is no fiscal impact on businesses because of this rule amendment. Interested persons may present their views on the rule pursuant to Division of Administrative Rules process and procedures. A public meeting was scheduled, noticed, and held regarding this rule amendment on Monday, 03/04/2013 at 8:00 a.m. No person attended the hearing to comment on this rule amendment, and no comments have been received by the Board. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet E-mail at jagreen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37463.htm No. 37464 (Amendment): R671-519. Proceedings When Criminal Charges Result in Acquittal. SUMMARY OF THE RULE OR CHANGE: This rule change clarifies the language of the rule and also clarifies what supplementary materials the parolee may provide. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to state government. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - LOCAL GOVERNMENTS: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to local governments. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - SMALL BUSINESSES: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to small businesses. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to any other person. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost for affected persons. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Chairman of the Board of Pardons and Parole has considered this rule amendment, and finds that there is no fiscal impact on businesses because of this rule amendment. Interested persons may present their views on the rule pursuant to Division of Administrative Rules process and procedures. A public meeting was scheduled, noticed, and held regarding this rule amendment on Monday, 03/04/2013 at 8:00 a.m. No person attended the hearing to comment on this rule amendment, and no comments have been received by the Board. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet E-mail at jagreen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37464.htm No. 37465 (Amendment): R671-520. Treatment of Confidential Testimony. SUMMARY OF THE RULE OR CHANGE: This rule change clarifies procedure and policy regarding the treatment of confidential testimony in hearings. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to state government. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - LOCAL GOVERNMENTS: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to local governments. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - SMALL BUSINESSES: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to small businesses. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Enactment of this rule amendment will have no fiscal impact and will impose no cost or savings to any other person. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMPLIANCE COSTS FOR AFFECTED PERSONS: There is no compliance cost for affected persons. The Board determined that there is no cost or savings because this rule is just a written articulation of an already-functioning internal Board procedure. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Chairman of the Board of Pardons and Parole has considered this rule amendment, and finds that there is no fiscal impact on businesses because of this rule amendment. Interested persons may present their views on the rule pursuant to Division of Administrative Rules process and procedures. A public meeting was scheduled, noticed, and held regarding this rule amendment on Monday, 03/04/2013 at 8:00 a.m. No person attended the hearing to comment on this rule amendment, and no comments have been received by the Board. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - John Green by phone at 801-261-6464, by FAX at 801-261-6481, or by Internet E-mail at jagreen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37465.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 37449 (Amendment): R746-343-15. Surcharge. SUMMARY OF THE RULE OR CHANGE: This rule change lowers the Hearing and Speech Impaired Surcharge by one-sixth, from $0.06 to $0.05. To accommodate billing cycles of telecommunications companies, the Public Service Commission anticipates making this rule change effective on 07/01/2013. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This rule change should decrease or eliminate the growth of the Hearing and Speech Impaired Fund. The change should not impact the ability of the Commission to use the fund to provide telecommunications devices to hearing or speech impaired customers. Additionally, this rule change should provide a small cost savings of $0.01 per month per account to state government entities who purchase local exchange or mobile telephone service. - LOCAL GOVERNMENTS: This rule change should provide a small cost savings of $0.01 per month per account to local governments who purchase local exchange or mobile telephone service. - SMALL BUSINESSES: This rule change should provide a small cost savings of $0.01 per month per account to local governments who purchase local exchange or mobile telephone service. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule change should provide a small cost savings of $0.01 per month per account to any person or business who purchases local exchange or mobile telephone service. COMPLIANCE COSTS FOR AFFECTED PERSONS: None. The telephone service providers who are currently collecting a $0.06 surcharge will continue to collect the lower surcharge of $0.05. The change should not create any compliance cost. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule change reflects sound fiscal management of the Hearing and Speech Impaired Fund, with a goal of maintaining collections into the fund close to anticipated expenses. Utah customers of local exchange or mobile telephone service will experience a cost savings of $0.01 per month per account. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2013 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 THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37449.htm No. 37447 (Amendment): R746-405. Filing of Tariffs for Gas, Electric, Telephone, and Water Utilities. SUMMARY OF THE RULE OR CHANGE: The changes: require a tariff filing with the Public Service Commission to be furnished to the Division of Public Utilities and the Office of Consumer Services; and require any party recommending that the Commission reject, suspend, alter, or modify a tariff to request that action within 15 calendar days after the tariff is filed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This filing codifies practices that generally exist for tariff filings, and should not impact the operations of any state agencies. To the extent that this filing clarifies existing procedures, an unquantifiable cost savings might result. - LOCAL GOVERNMENTS: This filing codifies practices that generally exist for tariff filings, and should not impact the operations of local government. To the extent that this filing clarifies existing procedures, an unquantifiable cost savings might result. - SMALL BUSINESSES: This filing codifies practices that generally exist for tariff filings, and should not impact the operations of any small business, business, or local governmental entity. To the extent that this filing clarifies existing procedures, an unquantifiable cost savings might result. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This filing codifies practices that generally exist for tariff filings, and should not impact the operations of any small business, business, or local governmental entity. To the extent that this filing clarifies existing procedures, an unquantifiable cost savings might result. COMPLIANCE COSTS FOR AFFECTED PERSONS: This filing codifies practices that generally exist for tariff filings, and should not impact the operations of any affected person. To the extent that this filing clarifies existing procedures, an unquantifiable cost savings might result. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This filing provides additional clarification and transparency to the existing tariff process. No fiscal impact should result other than a potential unquantifiable cost savings as a result of the additional clarity this rule change provides. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2013 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 THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37447.htm REGENTS (BOARD OF) UNIVERSITY OF UTAH, ADMINISTRATION No. 37446 (Amendment): R805-1. Operating Regulations for Bicycles, Skateboards and Scooters. SUMMARY OF THE RULE OR CHANGE: The changes to the rules clarify that non- pedestrian devices (e.g., bicycles, skateboards, rollerskates, scooters) are only allowed on the University of Utah campus for the purpose of commuting to and from the University, and across the University, for University-related activities. Recreational use of these devices is prohibited on campus. The changes to the rules amend existing provisions to provide greater clarity to those provisions. Finally, the changes to the rule add greater sanctions for violations of the rule and also provide the University with the ability to impound devices that are operated on campus in violation of the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The university does not anticipate any financial impact to the state budget associated with amending this rule. - LOCAL GOVERNMENTS: The university anticipates no costs or savings to local government as a result of the rule because the rule does not apply to local governments and local governments will have no obligations for implementation of the rule. - SMALL BUSINESSES: The university anticipates no costs or savings to small businesses as a result of the rule. The rule governs the conduct of individuals, not businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The only persons who will be affected by the rule are those individuals who violate the rule and who may receive sanctions as a result of their actions. COMPLIANCE COSTS FOR AFFECTED PERSONS: Persons who violate the rule may be subject to sanctions as outlined in Subsection R805-1-3(B) of the amended rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule applies to individuals who engage in activities and conduct on the university's property. The rule does not apply to business entities. Therefore, the rule should have no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/15/2013 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 THIS RULE MAY BECOME EFFECTIVE ON: 05/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37446.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. AGRICULTURE AND FOOD HORSE RACING COMMISSION (UTAH) No. 37420 (Emergency Rule): R52-7. Horse Racing. SUMMARY OF THE RULE OR CHANGE: This rule adopts the drug threshold levels used by the California Horse Racing Board, making clear the authorized drugs that can be used and the allowable levels those drugs can be found in the horse's body. The exact rules that will be incorporated by reference are: California Horse Racing Board Rule (CHRB) No. 1844 (Effective 02/14/12), Authorized Medication, with sections (h)(2),(e)(9) and (f) exempted; and (CHRB) Rule No. 1845 (Effective 5/27/05), Authorized Bleeder Medication, sections (b) - (c) and (e). This emergency rule also adopts a new standard for clenbuterol that is not incorporated by reference. EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD cause an imminent peril to the public health, safety, or welfare. JUSTIFICATION: This new emergency rule establishes drug threshold levels which are widely accepted in the horse racing industry. With the advances in drug testing and medication procedures in the horse racing industry, the need to update the current rule has arisen. An example of this is in urine analysis. A horse that was given a drug for training or medicinal purposes weeks prior to testing, still may produce metabolites of that drug in extremely small, nevertheless detectable amounts (due to the current sophistication of laboratory testing). Despite the fact that the physiological effects of that drug, as a potential performance enhancing compound, would have vanished in the weeks prior to testing, under current rule that horse would test positive for that drug if any trace is detected, thus resulting in a violation of the "zero tolerance" rule. By implementing scientifically sound threshold levels that protect horse racing from cheating via performance enhancing drugs, but at the same time allow for acceptable use of some drugs for medical and training purposes the horse racing industry is better served. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No cost will be incurred to the state by implementation of this rule because the cost of blood test(s) is the responsibility of the horse owners and/or trainers. - LOCAL GOVERNMENTS: No cost will be incurred to local government for implementation of this rule because the cost of blood test(s) is the responsibility of the horse owners and/or trainers. - SMALL BUSINESSES: No cost will be incurred by the small business community by implementation of this rule because the cost of blood test(s) is the responsibility of the horse owners and/or trainer. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The implementation of this rule would require a larger drug assay test to be performed compared to what the current rule calls for. As a result, the cost of performing this test will increase by approximately $20 per test, affecting the trainers and owners who are responsible for paying for the tests. COMPLIANCE COSTS FOR AFFECTED PERSONS: The implementation of this rule would require a larger drug assay test to be performed compared to what the current rule calls for. As a result, the cost of performing this test will increase by approximately $20 per test. The price that is currently in place for Utah samples is $80 for blood only samples, $100 for paired blood and urine samples, and $200 for re-analysis and confirmation of positive samples. That pricing is based on the submission of 10 or more samples at a time, and would remain the same, except for the blood only samples, which would increase to $100. This is because the new rule would add additional testing to cover the new threshold drugs and associated levels. These costs will affect the trainers and owners because they are responsible for paying for the test. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The horse racing industry requested the agency to reconsider and propose this emergency rule to allow for standards to be established for certain drug testing as opposed to the current standard of zero tolerance. It has been represented by the horse industry and veterinarian professionals that this is a needed change in existing administrative rule. The implementation of this rule would require a larger drug assay test to be performed compared to what the current rule calls for. As a result, the cost of performing this test will increase by $20 per test. This increase will affect the trainers and owners of the race horses as they are currently responsible for paying for the drug tests for their horses. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Kyle Stephens by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at kylestephens@utah.gov EFFECTIVE: 03/20/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37420.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. AGRICULTURE AND FOOD PLANT INDUSTRY No. 37445 (5-year Review): R68-14. Quarantine Pertaining to Gypsy Moth - Lymantria Dispar. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Gypsy moth has a high probability to be artificially transported into Utah and will survive and multiply rapidly. Introduction of this pest will cause serious damage to forests, residences, parks, and agricultural tree plantings. This pest is also capable of destroying watershed areas, orchards, and is a nuisance to the general public. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Kyle Stephens by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at kylestephens@utah.gov - Robert Hougaard by phone at 801-538-7187, by FAX at 801-538-7189, or by Internet E-mail at rhougaard@utah.gov EFFECTIVE: 03/27/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37445.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 37417 (5-year Review): R156-31b. Nurse Practice Act Rule. 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 as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 31b, with respect to licensed practical nurse, registered nurse, advanced practice registered nurse intern, advanced practice registered nurse, advanced practice registered nurse-CRNA without prescriptive practice and medication aide certified. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession. DIRECT QUESTIONS REGARDING THIS RULE TO: - Debra Hobbins by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at dhobbins@utah.gov EFFECTIVE: 03/18/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37417.htm ENVIRONMENTAL QUALITY WATER QUALITY No. 37448 (5-year Review): R317-101. Utah Wastewater Project Assistance Program. 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 establishes policies and procedures for implementing the Utah Wastewater Project Assistance Program. The rule contains definitions, eligibility requirements, application procedures and prioritization procedures central to the Water Quality Board's implementation of their statutory charge and should be continued. 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 EFFECTIVE: 03/28/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37448.htm HEALTH FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 37441 (5-year Review): R432-35. Background Screening -- Health Facilities. 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 required by Title 26, Chapter 21, of the Health Facility Licensure and Inspection Act. The Department agrees with the need to continue the rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carmen Richins by phone at 801-538-9087, by FAX at 801-538-6024, or by Internet E-mail at carmenrichins@utah.gov - Joel Hoffman by phone at 801-538-6279, by FAX at 801-538-6024, or by Internet E-mail at jhoffman@utah.gov EFFECTIVE: 03/25/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37441.htm CENTER FOR HEALTH DATA, VITAL RECORDS AND STATISTICS No. 37418 (5-year Review): R436-1. Duties of the Department of Health. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This section outlines local deputy registrars' duties, as well as the requirements for data collection. Without these, data quality for reporting purposes would diminish. Quality of legal information on certificates (names, dates, etc) would also be in doubt. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Janice Houston by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at jlhouston@utah.gov EFFECTIVE: 03/19/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37418.htm No. 37423 (5-year Review): R436-2. Infants of Unknown Parentage; Foundling Registration. 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 outlines the minimum amount of data that needs to be provided to the Office of Vital Records and Statistics so a certificate can be created. It also creates a procedure for voiding out the foundling certificate if an original birth certificate can be located and identified as belonging to the child. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Janice Houston by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at jlhouston@utah.gov - Rex Olsen by phone at 801-538-9498, by FAX at 801-536-0940, or by Internet E-mail at rolsen@utah.gov EFFECTIVE: 03/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37423.htm No. 37424 (5-year Review): R436-3. Amendment of Vital Records. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Without the rule outlining the various processes for amending a record based on the corrections/changes desired, changes could not be made. Without the rule regarding paternity establishment, fathers could not be added to birth certificates of their children born outside of wedlock. Those fathers' rights and obligations to their children would not have legal standing. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Janice Houston by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at jlhouston@utah.gov - Rex Olsen by phone at 801-538-9498, by FAX at 801-536-0940, or by Internet E-mail at rolsen@utah.gov EFFECTIVE: 03/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37424.htm No. 37425 (5-year Review): R436-4. Delayed Registration of Birth. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule allows the Office of Vital Records and Statistics to outline the minimum thresholds of proofs needed for the establishment of a delayed record-birth or stillbirth. Office experience with the requirements for federal identity documents (such as passports) as well as, fraud detection/prevention has led to stratification of proofs for births depending on the age of the applicant. Stillbirth certificate rules are based on CDC/ACOG definitions of stillbirth and are meant to allow for best data collection possible on causes of death. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Janice Houston by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at jlhouston@utah.gov - Rex Olsen by phone at 801-538-9498, by FAX at 801-536-0940, or by Internet E-mail at rolsen@utah.gov EFFECTIVE: 03/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37425.htm No. 37426 (5-year Review): R436-7. Death Registration. 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 allows funeral directors (the statutorily liable party) to file partially completed death certificates within the allotted time, if a cause of death cannot be determined or if the case is referred to the Office of the Medical Examiner (OME) for further review. The rule also informs the funeral directors that final disposition of remains cannot be completed until a cause of death is determined unless the attending physician or the OME authorizes it. This rule is meant to prevent cremation of remains or other method of disposition that would interfere with any criminal investigation of cause of death. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Janice Houston by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at jlhouston@utah.gov - Rex Olsen by phone at 801-538-9498, by FAX at 801-536-0940, or by Internet E-mail at rolsen@utah.gov EFFECTIVE: 03/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37426.htm No. 37427 (5-year Review): R436-8. Authorization for Final Disposition of Deceased Persons. 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 allows the department to monitor interments overall for timeliness and violations of statute prohibiting final disposition until a cause of death is established. The rule also allows the Office to trace individual bodies if criminal or public safety concerns are raised. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Janice Houston by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at jlhouston@utah.gov - Rex Olsen by phone at 801-538-9498, by FAX at 801-536-0940, or by Internet E-mail at rolsen@utah.gov EFFECTIVE: 03/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37427.htm No. 37428 (5-year Review): R436-9. Persons and Institutions Required to Keep Monthly Listings of Vital Statistics Events. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Without this rule including the list of data to maintain, as well as indicating OVRS has jurisdiction over the form used, it would be extremely difficult to ensure data collection would continue within the facilities enumerated in statute in such a way that would allow for issuance of birth and death certificates. This rule also ensures that if a birth or death is not registered with the Office or a local jurisdiction within the length of time given in statute, that OVRS staff have an original source of data (such as a hospital birth log) from which to draw in order to create a delayed certificate or amend an existing certificate for any errors made. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Janice Houston by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at jlhouston@utah.gov - Rex Olsen by phone at 801-538-9498, by FAX at 801-536-0940, or by Internet E-mail at rolsen@utah.gov EFFECTIVE: 03/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37428.htm No. 37429 (5-year Review): R436-10. Birth and Death Certificates. 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 outlines the vital records for which a local jurisdiction is responsible (births and deaths that occur within their geographic boundaries). It also outlines quality control requirements that locally accepted certificates must meet in order to be considered valid registered documents. It gives local registrars the ability to reject incomplete certificates. Without this basic structure of a state/local vital records system, local registration districts would cease to be a useful tool for registering and reviewing vital records data. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Janice Houston by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at jlhouston@utah.gov - Rex Olsen by phone at 801-538-9498, by FAX at 801-536-0940, or by Internet E-mail at rolsen@utah.gov EFFECTIVE: 03/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37429.htm No. 37430 (5-year Review): R436-12. Certified Copies of Vital Statistics Records. 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 provides the minimum requirements that local health departments must meet in order to issue certificates. This rule outlines certified paper and cash handling security standards. It also outlines staffing and equipment standards. Without this rule, certified paper, cash and/or personal information from the certificates would be in jeopardy. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Janice Houston by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at jlhouston@utah.gov - Rex Olsen by phone at 801-538-9498, by FAX at 801-536-0940, or by Internet E-mail at rolsen@utah.gov EFFECTIVE: 03/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37430.htm No. 37431 (5-year Review): R436-13. Disclosure of Records. 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 provides further clarity regarding who is considered a family member and what a direct, tangible interest in a record means. Without this rule, individuals and businesses not entitled to records could gain access to them. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Janice Houston by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at jlhouston@utah.gov - Rex Olsen by phone at 801-538-9498, by FAX at 801-536-0940, or by Internet E-mail at rolsen@utah.gov EFFECTIVE: 03/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37431.htm No. 37432 (5-year Review): R436-14. Copies of Data from Vital Records. 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 allows the Registrar to maintain the data from the original vital record filed with the office in any format that provides a certified copy. This allows the Office of Vital Records and Statistics to use electronic databases to store the information and issue electronic verifications and paper certificates as needed. This reduces the costs of maintaining fragile paper documents. The rule give the Registrar the authority to prohibit issuance of any records the Registrar deems fraudulent, this authority is critical in fraud prevention for other state and federal agencies such as Driver's License, Office of Recovery Services, Department on Workforce Services, Passport, and Social Security. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Janice Houston by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at jlhouston@utah.gov - Rex Olsen by phone at 801-538-9498, by FAX at 801-536-0940, or by Internet E-mail at rolsen@utah.gov EFFECTIVE: 03/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37432.htm No. 37433 (5-year Review): R436-15. Fees. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule clarifies that OVRS services cannot be utilized without the payment of the appropriate fee or the prior approval of the State Registrar if the requestor is seeking services at a different rate. This rule allows the Registrar to review requests from those claiming indigent or economic hardship status on a case-by-case basis and not rely on means testing. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Janice Houston by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at jlhouston@utah.gov - Rex Olsen by phone at 801-538-9498, by FAX at 801-536-0940, or by Internet E-mail at rolsen@utah.gov EFFECTIVE: 03/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37433.htm No. 37434 (5-year Review): R436-16. Violation of Rules. 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 puts the violation of all other rules in Title R436 on par with violation of the statutes governing OVRS. This allows counsel for OVRS to treat rules violations as violation of statute and pursue remedies in a court of law. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Janice Houston by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at jlhouston@utah.gov - Rex Olsen by phone at 801-538-9498, by FAX at 801-536-0940, or by Internet E-mail at rolsen@utah.gov EFFECTIVE: 03/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37434.htm No. 37435 (5-year Review): R436-17. Review and Approval of Research Requests. 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 outlines the process for submission, review, and approval of data requests. The process for requests seeking non-identifying data is outlined as simply Registrar approval and collection of fees for the time spent compiling the data. For research requests seeking identifying information, a higher standard is outlined. The rule also clarifies that data requests are limited to research purposes and that administrative functions are not governed by this rule. This rule needs to continue so that data requests to the office meet a minimum standard regarding data quality and confidentiality and that requests are limited to public health and medical research. Finally, without the rule, the Office of Vital Records and Statistics would not be able to charge a fee for custom data compilations. DIRECT QUESTIONS REGARDING THIS RULE TO: - Janice Houston by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at jlhouston@utah.gov - Rex Olsen by phone at 801-538-9498, by FAX at 801-536-0940, or by Internet E-mail at rolsen@utah.gov EFFECTIVE: 03/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37435.htm INSURANCE ADMINISTRATION No. 37421 (5-year Review): R590-154. Unfair Marketing Practices Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule provides guidelines for producers as to what is considered to be unacceptable market conduct. 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: 03/20/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37421.htm NATURAL RESOURCES OIL, GAS AND MINING; COAL No. 37466 (5-year Review): R645-102. Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary as it establishes an exemption to the coal mining and reclamation requirements for extraction of coal that is incidental to a government-financed highway or other construction. This rule should be continued so Utah's Coal Program continues to retain primacy under the federal Surface Mining Control and Reclamation Act. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 04/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37466.htm OIL, GAS AND MINING; NON-COAL No. 37467 (5-year Review): R647-1. Minerals Regulatory Program. 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 to provide the general conditions for all mineral mine operators for exploration, development and reclamation within Utah. Rule R647-1 provides an introduction to the remaining Mineral Program rules in Title R647, including definition of terms, and should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 04/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37467.htm No. 37468 (5-year Review): R647-2. Exploration. 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 establishes requirements for exploration of minerals and should be continued to ensure that exploration of minerals in Utah occurs with the proper protection to the public and providing for subsequent use of the lands affected. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 04/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37468.htm No. 37469 (5-year Review): R647-3. Small Mining Operations. 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 establishes requirements for small mineral mines and should be continued to ensure that operation of Utah's small mineral mines, ten acres of disturbed area or less, occurs with the proper protection to the public, and providing for subsequent use of the lands affected. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 04/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37469.htm No. 37470 (5-year Review): R647-4. Large Mining Operations. 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 establishes requirements for large mineral mines and should be continued to ensure that operation of Utah's large mineral mines, over ten acres of disturbed area, occurs with the proper protection to the public, and providing for subsequent use of the lands affected. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 04/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37470.htm No. 37471 (5-year Review): R647-5. Administrative Procedures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes administrative procedures applicable to the Minerals Program and should be continued to provide administrative procedures at the informal and formal level to enable resolution of issues within the Division and also the Board of Oil, Gas and Mining. DIRECT QUESTIONS REGARDING THIS RULE TO: - Steve Schneider by phone at 801-538-5328, by FAX at 801-359-3940, or by Internet E-mail at steveschneider@utah.gov EFFECTIVE: 04/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37471.htm PUBLIC SAFETY FIRE MARSHAL No. 37443 (5-year Review): R710-5. Automatic Fire Sprinkler System Inspecting and Testing. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Automatic fire sprinkler systems are fire suppression systems located in public and private schools, colleges, universities, hospitals, nursing homes, state-owned facilities, businesses, etc. When automatic fire sprinkler systems are in place, the individual sprinkler heads activate based upon heat within the protected area and controls the fire even before a local fire department arrives. Due to their functioning process, it is imperative that these systems operate correctly. This rule provides the requirements for the service technicians that inspect and test these life-saving systems. Such systems are required to be inspected, tested and tagged as operational on an annual basis. Over the past five years, such systems have been found to be in a state that would not have allowed the system to operate in an efficient manner and such detections would not have been identified without this program. Therefore, this rule should be continued to ensure the continued safety of the public. 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: 03/25/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37443.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 37451 (5-year Review): R746-332. Depreciation Rates for Water Utilities. 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 needs to remain in effect to provide plant service life guidelines for those water utilities that cannot afford to perform depreciation studies on their own plant. 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: 03/28/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37451.htm No. 37452 (5-year Review): R746-402. Rules Governing Reports of Accidents by Electric, Gas, Telephone, and Water Utilities. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: It is necessary that this rule be continued because accidents of major importance may have an impact on rates. Also, the commission has a duty to investigate accidents involving utility property and resulting in loss of life or injury to persons or property. 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: 03/28/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37452.htm No. 37450 (5-year Review): R746-405. Filing of Tariffs for Gas, Electric, Telephone, and Water Utilities. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: It is necessary that this rule be continued because it contains the process, format, construction, and content guidelines utility companies need when filing tariffs. 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: 03/28/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37450.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 CENTER FOR HEALTH DATA, VITAL RECORDS AND STATISTICS No. 37437 (Expired): R436-11. Local Registrars. SUMMARY: The five-year review for this rule should have been filed by 12/03/2012. Due to a clerical error at the Division of Administrative Rules, the error was not discovered until 03/22/2013. This rule expired as of 12/04/2012. See the Editor's Note included in this issue, April 15, 2013, of the Bulletin for further details. 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: 12/04/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130415/37437.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. AGRICULTURE AND FOOD ANIMAL INDUSTRY No. 37248 (R&R): R58-6.Poultry Published: 02/15/2013 Effective: 03/25/2013 No. 37246 (AMD): R58-18.Elk Farming Published: 02/15/2013 Effective: 03/25/2013 No. 37247 (AMD): R58-19.Compliance Procedures Published: 02/15/2013 Effective: 03/25/2013 HUMAN SERVICES RECOVERY SERVICES No. 37229 (AMD): R527-38.Unenforceable Cases Published: 02/15/2013 Effective: 03/25/2013 PUBLIC SAFETY CRIMINAL INVESTIGATIONS AND TECHNICAL SERVICES, CRIMINAL IDENTIFICATION No. 37232 (NEW): R722-360.Certificate of Removal from the Sex Offender and Kidnap Offender Registry Published: 02/15/2013 Effective: 03/25/2013 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 . <>