Utah State Digest, Vol. 2013, No. 9 (May 1, 2013) [NOTE: The Utah State Digest (Digest) is created from the eRules filing database used to create the Utah State Bulletin (Bulletin). While a discrepancy between the Digest and the Bulletin is highly unlikely, any discrepancies will be resolved in favor of the Bulletin. Please refer to the State Disclaimer ( http://www.utah.gov/disclaimer.html ) for more information.] ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed April 2, 2013, 12:00 AM through April 15, 2013, 11:59 PM Volume 2013, No. 9 May 1, 2013 Prepared by Division of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic publication of the State of Utah, Department of Administrative Services, Division of Administrative Rules. It is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Division of Administrative Rules, 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. 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 April 2, 2013, 12:00 a.m., and April 15, 2013, 11:59 p.m. are summarized in this, the May 1, 2013, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the May 1, 2013, issue of the Utah State Bulletin until at least May 31, 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 29, 2013, the agency may notify the Division of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Division of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses and the agency must start the process over. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301; Rule R15-2; and Sections R15-4-3, R15-4-4, R15-4-5, R15-4-9, and R15-4-10. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 37526 (Amendment): R156-24b-503. Physical Therapist Supervisory Authority and Responsibility. SUMMARY OF THE RULE OR CHANGE: The proposed amendment in Subsection R156- 24b-503(2) reflects the Board's interpretation of the intent of the rule, which is that the physical therapist should provide at least every tenth treatment to a patient, not a treatment every tenth day. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: The proposed amendment applies to licensed physical therapists and their supervisory authority and responsibility of a physical therapist assistant or physical therapy aide. As a result, the proposed amendment does not apply to local governments. - SMALL BUSINESSES: The proposed amendment applies to licensed physical therapists and their supervisory authority and responsibility of a physical therapist assistant or physical therapy aide. There is the potential that physical therapists currently providing treatment every tenth day would begin providing every tenth treatment once the proposed amendment is made effective. This may result in an increase in costs to patients and third- party payers. However, it is just as likely that the more frequent evaluation by a physical therapist could result in decreased costs and actual savings. The proposed amendment may affect small physical therapy offices, rural medical, or home health businesses due to an increase in the number of physical therapist treatments, as opposed to physical therapist assistant treatments, that a patient receives. The Division, however, is unable to estimate any exact costs or savings due to a wide range of circumstances. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendment applies to licensed physical therapists and their supervisory authority and responsibility of a physical therapist assistant or physical therapy aide. There is the potential that physical therapists currently providing treatment every tenth day would begin providing every tenth treatment once the proposed amendment is made effective. This may result in an increase in costs to patients and third- party payers. However, it is just as likely that the more frequent evaluation by a physical therapist could result in decreased costs and actual savings. The proposed amendment may affect small physical therapy offices, rural medical, or home health businesses due to an increase in the number of physical therapist treatments, as opposed to physical therapist assistant treatments, that a patient receives. Physical therapists may experience a slight increase in patient treatment demand; physical therapist assistants may experience a slight decrease in patient treatment demand. Patients may experience better outcomes due to more appropriate treatment plans and increased physical therapist oversight of their treatment. The Division, however, is unable to estimate any exact costs or savings due to a wide range of circumstances. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendment applies to licensed physical therapists and their supervisory authority and responsibility of a physical therapist assistant or physical therapy aide. There is the potential that physical therapists currently providing treatment every tenth day would begin providing every tenth treatment once the proposed amendment is made effective. This may result in an increase in costs to patients and third-party payers. However, it is just as likely that the more frequent evaluation by a physical therapist could result in decreased costs and actual savings. The proposed amendment may affect small physical therapy offices, rural medical, or home health businesses due to an increase in the number of physical therapist treatments, as opposed to physical therapist assistant treatments, that a patient receives. Physical therapists may experience a slight increase in patient treatment demand; physical therapist assistants may experience a slight decrease in patient treatment demand. Patients may experience better outcomes due to more appropriate treatment plans and increased physical therapist oversight of their treatment. The Division, however, is unable to estimate any exact costs or savings due to a wide range of circumstances. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed amendment modifies existing rule language to clarify that a patient receiving care from a physical therapist must be treated by the physical therapist at least every 30 days or tenth treatment, with it being permissible for additional treatments to be provided by supportive personnel who are supervised by the physical therapist. Any fiscal impact to businesses will result from their changing their scheduling practice to distribute appointments among physical therapists and supportive personnel in a manner that complies with the rule. Those costs are incidental to the rule itself and cannot be estimated, but are anticipated to be minimal. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2013 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/21/2013 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37526.htm EDUCATION ADMINISTRATION No. 37509 (Amendment): R277-469. Instructional Materials Commission Operating Procedures. SUMMARY OF THE RULE OR CHANGE: Amendments to the rule include revising, adding, and deleting definitions, and removing language in the rule consistent with deletion of a definition, clarifying agreements, and procedures for school districts, adding special education language as appropriate, and making other minimal changes. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The changes to the rule are for clarification and consistency purposes. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government. The changes to the rule are for clarification and consistency purposes. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. This rule and the amendments to the rule apply to public education and do not affect businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. The changes to the rule are for clarification and consistency purposes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. The changes to the rule are for clarification and consistency purposes and do not require compliance. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and I see no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37509.htm No. 37510 (Amendment): R277-508. Employment of Substitute Teachers. SUMMARY OF THE RULE OR CHANGE: The amendments to the rule add the definition of LEA and revise the rule to reflect the change throughout, clarify the duration of a teaching assignment for a substitute teacher by changing it from eight weeks to eight consecutive weeks, and add the requirement of a minimal background check for substitute teachers. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The changes to the rule are for clarification and consistency purposes. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government. The changes to the rule are for clarification and consistency purposes. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. This rule and the amendments apply to public education and do not affect businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. The changes to the rule are for clarification and consistency purposes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. Although there is language for a background check, LEAs already require minimal background checks. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and I see no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37510.htm No. 37511 (Amendment): R277-751. Special Education Extended School Year (ESY). SUMMARY OF THE RULE OR CHANGE: The definition of extended school year (ESY) is amended to make it consistent with the definition in Rule R277-600. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. A definition is changed to make it consistent with a recently changed definition in another rule. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government. A definition is changed to make it consistent with a recently changed definition in another rule. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. This rule applies to public education and does not affect businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. A definition is changed to make it consistent with a recently changed definition in another rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. A definition is changed to make it consistent with a recently change definition in another rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and I see no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37511.htm REHABILITATION No. 37512 (Amendment): R280-200. Rehabilitation. SUMMARY OF THE RULE OR CHANGE: The amendments to the rule change the revision dates of the Rehabilitation Act of 1973 from 1992 to 1998 and the Case Service Manual from 1998 to 2012. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. Revision dates are changed as necessary. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government. Revision dates are changed as necessary. - SMALL BUSINESSES: There is no anticipated cost or savings to small businesses. This rule applies to the Utah State Office of Rehabilitation and does not affect businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no anticipated cost or savings to the persons other than small businesses, businesses, or local government entities. Revision dates are changed as necessary. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. Revision dates are changed as necessary. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and I see no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37512.htm INSURANCE ADMINISTRATION No. 37515 (Amendment): R590-93. Replacement of Life Insurance and Annuities. SUMMARY OF THE RULE OR CHANGE: The following changes have been made to this rule. A new code reference has been added to the Authority section of the rule, and is referenced throughout the rule. Section R590-93-4 is the section that has been inserted into the code as Section 31A-22-429. Subsection R590-93-5(3)(b) clarifies that the life or annuity policy being sold to an individual will replace, discontinue, or change existing policy or contract. Subsection R590-93-5(4) allows insurers to let their producers use one of two different replacement notices with a life or annuity application. Subsection R590-93-7(2) clarifies that within five days of receiving the replacement notice the insurer will send information to the insured about the right to receive information regarding the existing contract or contract values. The Enforcement Date section is being changed to say that the changes to the rule will go into effect immediately. This is because the law is already in place. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes to this rule will create no additional work for the department. Insurers will not be required to create or send additional filings to the department. These changes will not create additional revenue or expense on the department or state's budget. - LOCAL GOVERNMENTS: This rule will have no impact on local government since it deals solely with the process of selling life policies and annuity contracts to the public. - SMALL BUSINESSES: This rule will only impact small insurance agencies if the insurers they represent allow them to use both A and C Appendixes, as now allowed by law. Currently, agencies and their producers are required to read Appendix A to clients they have given life or annuity applications to. Appendix C does not require the producer to read it to the client. This will have no fiscal impact on agencies. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: A survey was done by a life insurance industry association and it was found that the companies had no plans to change from the current notice that is being used on a national basis. The two appendixes are already available to insurers so there are no production costs. The requirement to read the appendix notice to the client is a consumer protection practice to alert the client of the possible financial impact of replacing their current life policy or annuity contract. By not reading the notice, the client may replace their contract or policy without realizing what effect a replacement could have on them. COMPLIANCE COSTS FOR AFFECTED PERSONS: A survey was done by a life insurance industry association and it was found that the companies had no plans to change from the current notice that is being used on a national basis. The two appendixes are already available to insurers so there are no production costs. The requirement to read the appendix notice to the client is a consumer protection practice to alert the client of the possible financial impact of replacing their current life policy or annuity contract. By not reading the notice the client may replace their contract or policy without realizing what effect a replacement could have on them. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The changes in this rule will have very little to no impact on the insurance industry. It appears that most insurers will continue to require their producers to just use Appendix A. Consumers of these insurers will continue to have the protection that results from having the agent read Appendix A to them, alerting them to financial hazards that may result if they replace their life or annuity policy. Appendix C is already available so there would be no additional development or copying costs required. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37515.htm PUBLIC SERVICE COMMISSION ADMINISTRATION No. 37508 (Amendment): R746-200. Residential Utility Service Rules for Electric, Gas, Water, and Sewer Utilities. SUMMARY OF THE RULE OR CHANGE: The rule change: 1) adds definitions; 2) codifies some current practice; 3) clarifies a distinction between situations involving a "serious illness or infirmity" and those involving "life- supporting equipment;" and 4) outlines the procedures and restrictions on termination of utility service in both situations. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule filing clarifies and codifies current practice, and should not impact the state budget. - LOCAL GOVERNMENTS: None--This rule filing clarifies and codifies current practice, and should not impact the budget of local government. - SMALL BUSINESSES: None--This rule filing clarifies and codifies current practice, and should not impact the budget of small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule filing does not create any new procedures but instead codifies existing practice. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--The substantive requirements of this rule filing were established in 1981 through an administrative order by the Public Service Commission. This filing clarifies the practice that has developed and been followed by the related parties since then. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Because this filing clarifies requirements and practices that have been in place since 1981, there are no estimated fiscal impacts. The clarity provided by this filing could decrease compliance costs to utilities or provide intangible benefits to utility customers with medical issues. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2013 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: 06/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37508.htm WORKFORCE SERVICES UNEMPLOYMENT INSURANCE No. 37517 (Amendment): R994-403. Claim for Benefits. SUMMARY OF THE RULE OR CHANGE: This change moves the provision prohibiting foreign travel from the availability section to its own section and mirrors the numbering from H.B. 21 (2013). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This is a federally-funded program so there are no costs or savings to the state budget. - LOCAL GOVERNMENTS: This is a federally-funded program so there are no costs of savings to local government. - SMALL BUSINESSES: This is a federally-funded program so there are no costs of savings to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no costs or savings to any other persons other than small businesses, businesses, or local government entities as there are no fees associated with this program and it is federally funded. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no costs or savings to any affected persons as there are no fees associated with this program and it is federally funded. These changes will not impact any employer's contribution rate. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. These changes will have no impact on any employer's contribution tax rate. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37517.htm No. 37516 (Amendment): R994-406-403. Fraud Disqualification and Penalty. SUMMARY OF THE RULE OR CHANGE: H.B. 21 changed the method of calculating the disqualification period for fraud so that it starts the week the fraud is discovered instead of the following week. This change is to mirror the statutory change. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This is a federally-funded program so there are no costs or savings to the state budget. - LOCAL GOVERNMENTS: This is a federally-funded program so there are no costs of savings to local government. - SMALL BUSINESSES: This is a federally-funded program so there are no costs of savings to any small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no costs or savings to persons other than small businesses, businesses, or local government entities as there are no fees associated with this program and it is federally funded. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no costs or savings to any affected persons as there are no fees associated with this program and it is federally funded. These changes will not impact any employer's contribution rate. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. These changes will have no impact on any employer's contribution tax rate. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 05/31/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/07/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37516.htm 2. FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to remove obsolete rules from the Utah Administrative Code. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Notice of Review and Statement of Continuation (Notice); or amend the rule by filing a Proposed Rule and by filing a Notice. By filing a Notice, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the most recent edition of the Utah Administrative Code. The rule text may also be inspected at the agency or the Division of Administrative Rules. Notices are effective upon filing. Notices are governed by Section 63G-3-305. ADMINISTRATIVE SERVICES FINANCE No. 37521 (5-year Review): R25-5. Payment of Per Diem to Boards. 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 to continue this rule because it is required by statute. It sets the rates for per diem paid to board members and establishes the conditions under which the per diem will be paid. No opposing comments have been received. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Beckstead by phone at 801-538-3100, by FAX at 801-538-3562, or by Internet E-mail at rbeckstead@utah.gov EFFECTIVE: 04/15/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37521.htm No. 37522 (5-year Review): R25-6. Relocation Reimbursement. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: A division review determined that this rule should be continued because it sets the requirements for reimbursing relocation expenses to state employees. No opposing comments have been received. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Beckstead by phone at 801-538-3100, by FAX at 801-538-3562, or by Internet E-mail at rbeckstead@utah.gov EFFECTIVE: 04/15/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37522.htm No. 37523 (5-year Review): R25-7. Travel-Related Reimbursements for State Employees. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: A division review determined that this rule should be continued because it is required by statute. In response to Dr. McDonald's comments, the division feels that processing additional receipts creates an unnecessary administrative burden. The division also feels that requiring receipts may encourage employees to spend the maximum allowed. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Beckstead by phone at 801-538-3100, by FAX at 801-538-3562, or by Internet E-mail at rbeckstead@utah.gov EFFECTIVE: 04/15/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37523.htm No. 37524 (5-year Review): R25-8. Overtime Meal Allowance. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: A division review determined that this rule should be continued because it is authorized by statute. The rule sets the requirements for paying an overtime meal allowance to a state employee. No opposing comments have been received. DIRECT QUESTIONS REGARDING THIS RULE TO: - Richard Beckstead by phone at 801-538-3100, by FAX at 801-538-3562, or by Internet E-mail at rbeckstead@utah.gov EFFECTIVE: 04/15/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37524.htm EDUCATION ADMINISTRATION No. 37494 (5-year Review): R277-469. Instructional Materials Commission Operating Procedures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it provides operating procedures and criteria for recommending instructional materials for use in Utah public schools and mapping and alignment of primary instructional materials consistent with state law. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov EFFECTIVE: 04/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37494.htm No. 37495 (5-year Review): R277-483. Persistently Dangerous Schools. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it provides standards and procedures, consistent with state and federal law, for students attending schools designated as persistently dangerous. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov EFFECTIVE: 04/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37495.htm No. 37496 (5-year Review): R277-485. Loss of Enrollment. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it provides procedures to compensate a school district financially for an excessive loss in student enrollment due to factors beyond the schools district's control. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov EFFECTIVE: 04/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37496.htm No. 37497 (5-year Review): R277-508. Employment of Substitute Teachers. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it establishes eligibility requirements and employment procedures for substitute teachers as required by state law. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov EFFECTIVE: 04/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37497.htm No. 37498 (5-year Review): R277-746. Driver Education Programs for Utah Schools. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it provides standards and procedures for school districts providing automobile driver education. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov EFFECTIVE: 04/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37498.htm No. 37499 (5-year Review): R277-751. Special Education Extended School Year (ESY). REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it provides standards and procedures for the special education extended school year for specific students. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov EFFECTIVE: 04/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37499.htm REHABILITATION No. 37500 (5-year Review): R280-200. Rehabilitation. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule continues to be necessary because it provides standards and procedures for the Utah State Office of Rehabilitation. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Lear by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov EFFECTIVE: 04/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37500.htm HUMAN SERVICES ADMINISTRATION No. 37525 (5-year Review): R495-881. Health Insurance Portability and Accountability Act (HIPPA) Privacy Rule Implementation. 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 to be continued to implement provisions required by 45 CFR Part 164, subpart E, dealing with the treatment of certain individually identifiable health information held by the Department of Human Services. DIRECT QUESTIONS REGARDING THIS RULE TO: - Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov EFFECTIVE: 04/15/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37525.htm CHILD AND FAMILY SERVICES No. 37501 (5-year Review): R512-100. In-Home Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary in order for the Division of Child and Family Services to provide In-Home Services pursuant to Sections 62A-4a-105, 62A-4a-201, and 62A-4a-202. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov EFFECTIVE: 04/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37501.htm No. 37502 (5-year Review): R512-200. Child Protective Services, Intake Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary in order for the Division of Child and Family Services to provide Child Protective Services (CPS) pursuant to Sections 62A-4a-105 and 62A-4a-403. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov EFFECTIVE: 04/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37502.htm No. 37503 (5-year Review): R512-201. Child Protective Services, Investigation Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary in order for the Division of Child and Family Services to provide Child Protective Services (CPS) pursuant to Sections 62A-4a-105 and 62A-4a-202.3. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov EFFECTIVE: 04/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37503.htm No. 37504 (5-year Review): R512-202. Child Protective Services, General Allegation Categories. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary in order for the Division of Child and Family Services to provide Child Protective Services (CPS) pursuant to Section 62A-4a-105. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov EFFECTIVE: 04/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37504.htm No. 37505 (5-year Review): R512-500. Kinship Services, Placement and Background Screening. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Continuation of this rule is necessary in order for the Division of Child and Family Services to provide background screening for placement with relatives pursuant to Sections 62A-4a-209, 78A-6-307, and 78A-6-307.5. DIRECT QUESTIONS REGARDING THIS RULE TO: - Carol Miller by phone at 801-557-1772, by FAX at 801-538-3993, or by Internet E-mail at carolmiller@utah.gov - Julene Jones by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjones@utah.gov EFFECTIVE: 04/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37505.htm RECOVERY SERVICES No. 37506 (5-year Review): R527-475. State Tax Refund Intercept. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The state laws upon which this rule is based are still in effect. The clarifications and procedures provided in the rule continue to be necessary for the appropriate implementation of those laws. Determination of delinquency, notice to the taxpayer and application of the tax intercept are essential in the collection of child support. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Casey Cole by phone at 801-536-0360, by FAX at 801-536-8509, or by Internet E-mail at cacole@utah.gov EFFECTIVE: 04/08/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37506.htm LABOR COMMISSION ADMINISTRATION No. 37492 (5-year Review): R600-1. Declaratory Orders. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: As required by Subsection 63G-4-503(2), this rule provides the procedures for submission, review, and disposition of petitions for agency declaratory orders on the applicability of statutes, rules and orders governing or issued by the Commission, and should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alan Hennebold by phone at 801-530-6937, by FAX at 801-530-6390, or by Internet E-mail at ahennebold@utah.gov EFFECTIVE: 04/05/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37492.htm BOILER AND ELEVATOR SAFETY No. 37493 (5-year Review): R616-1. Coal, Gilsonite, or other Hydrocarbon Mining Certification. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: In light of the Commission's continuing certification of individuals involved in Utah's coal, gilsonite/hydrocarbon mining industries, continuation of this rule remains necessary. The Commission has received no comments in opposition to this rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ami Windham by phone at 801-530-6850, by FAX at 801-530-6871, or by Internet E-mail at awindham@utah.gov - Pete Hackford by phone at 801-530-7605, by FAX at 801-530-6871, or by Internet E-mail at phackford@utah.gov EFFECTIVE: 04/05/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37493.htm NATURAL RESOURCES OIL, GAS AND MINING; ADMINISTRATION No. 37472 (5-year Review): R642-200. Applicability. 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 to reflect the applicability of Title R642 rules, Records of the Division and Board, when federal laws or regulations are also established for disclosure of records and are a condition for participation in a federal program. 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: 04/02/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37472.htm OIL, GAS AND MINING; COAL No. 37473 (5-year Review): R645-101. Restrictions on State Employees. 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 to restrict financial interest in coal mining operations by Division staff involved in coal regulation. 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: 04/02/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37473.htm No. 37474 (5-year Review): R645-104. Protection of Employees. 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 to identify the processes for protection of employees in the performance of their coal mining regulation work. 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: 04/02/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37474.htm No. 37475 (5-year Review): R645-401. Inspection and Enforcement: Civil Penalties. 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 implemented to deter violations of the Coal Program regulations via the assessment of civil penalties. 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: 04/02/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37475.htm OIL, GAS AND MINING; NON-COAL No. 37476 (5-year Review): R647-6. Inspection and Enforcement: Division Authority and Procedures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule establishes the authority for conducting inspections of mineral mined land activities and establishes the procedures for enforcement including cessations orders, notice of violations, and compliance conferences. This rule should be continued to ensure adequate inspection and enforcement provisions are in place to enable a fair and consistent process for issuance and resolution of such matters in the minerals industry. 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: 04/02/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37476.htm No. 37477 (5-year Review): R647-7. Inspection and Enforcement: Civil Penalties. 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 provisions for civil penalties for violation of the Mined Land Reclamation Act and should be continued to ensure that minerals development in Utah occurs with compliance of the rules for exploration, operation, and reclamation. 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: 04/02/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37477.htm No. 37478 (5-year Review): R647-8. Inspection and Enforcement: Individual Civil Penalties. 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 provisions for individual civil penalties for violation of the Mined Land Reclamation Act and should be continued to ensure that minerals development in Utah occurs with compliance of the rules for exploration, operation, and reclamation. 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: 04/02/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37478.htm OIL, GAS AND MINING; OIL AND GAS No. 37479 (5-year Review): R649-6. Gas Processing and Waste Crude Oil Treatment. 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 regulatory requirements for gas processing plants and waste crude oil treatment and should be continued to ensure adequate regulation of these facilities in the oil and gas industry in order to provide public information and to protect the environment. 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: 04/02/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37479.htm PARKS AND RECREATION No. 37519 (5-year Review): R651-407. Off-Highway Vehicle Advisory Council. 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 meets the needs of the represented public. The advisory council assists, in uniformity of travel management plans, safety and education, along with our ability to work with the public. This rule also increases transparency amongst the different representatives within the OHV community. Therefore, this rule should be continued. The Division seeks public input and value the ability of public participation involved with the safety, protection of persons and property, and the environment connected the use of OHV equipment according to Section 41-22-1. DIRECT QUESTIONS REGARDING THIS RULE TO: - Tammy Wright by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov EFFECTIVE: 04/12/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37519.htm PUBLIC SAFETY CRIMINAL INVESTIGATIONS AND TECHNICAL SERVICES, CRIMINAL IDENTIFICATION No. 37514 (5-year Review): R722-900. Review and Challenge of Criminal Record. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The rule is needed so that individuals can review their criminal history record information to assure that the information is accurate and complete. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Alice Moffat by phone at 801-965-4939, by FAX at 801-965-4944, or by Internet E-mail at aerickso@utah.gov EFFECTIVE: 04/10/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37514.htm WORKFORCE SERVICES UNEMPLOYMENT INSURANCE No. 37518 (5-year Review): R994-201. Definition of Terms in Employment Security Act. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The definitions and acronyms are necessary to assist citizens and lawyers who use the rules to know what words, phrases, and acronyms found elsewhere in the rules mean. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov EFFECTIVE: 04/11/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130501/37518.htm 3. 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. COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 37270 (AMD): R156-67-306.Exemptions from Licensure Published: 03/01/2013 Effective: 04/08/2013 No. 37271 (AMD): R156-68-306.Exemptions from Licensure Published: 03/01/2013 Effective: 04/08/2013 REAL ESTATE No. 37076 (AMD): R162-57a.Timeshare and Camp Resort Rules Published: 12/15/2012 Effective: 04/02/2013 EDUCATION ADMINISTRATION No. 37278 (AMD): R277-445-3.Standards Published: 03/01/2013 Effective: 04/08/2013 No. 37279 (NEW): R277-498.Grant for Math Teaching Training Published: 03/01/2013 Effective: 04/08/2013 No. 37280 (NEW): R277-532.Local Board Policies for Evaluation of Non- Licensed Public Education Employees (Classified Employees) Published: 03/01/2013 Effective: 04/08/2013 ENVIRONMENTAL QUALITY AIR QUALITY No. 36481 (NEW): R307-208.Outdoor Wood Boiler Prohibition Published: 08/01/2012 Effective: 04/10/2013 No. 36481 (CPR): R307-208.Outdoor Wood Boiler Prohibition Published: 12/01/2012 Effective: 04/10/2013 No. 36481 (CPR): R307-208.Outdoor Wood Boilers Published: 03/01/2013 Effective: 04/10/2013 No. 36480 (NEW): R307-303.Commercial Cooking Published: 08/01/2012 Effective: 04/10/2013 No. 36480 (CPR): R307-303.Commercial Cooking Published: 12/01/2012 Effective: 04/10/2013 No. 36480 (CPR): R307-303.Commercial Cooking Published: 03/01/2013 Effective: 04/10/2013 HUMAN SERVICES AGING AND ADULT SERVICES No. 37228 (AMD): R510-104-11.Liquid Meals Published: 02/15/2013 Effective: 04/15/2013 NATURAL RESOURCES PARKS AND RECREATION No. 37242 (AMD): R651-224.Towed Devices Published: 02/15/2013 Effective: 04/12/2013 WORKFORCE SERVICES UNEMPLOYMENT INSURANCE No. 37238 (AMD): R994-406-301.Claimant Fault Published: 02/15/2013 Effective: 04/02/2013 4. 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 . <>