Utah State Digest, Vol. 2013, No. 10 (May 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 April 16, 2013, 12:00 AM through May 1, 2013, 11:59 PM Volume 2013, No. 10 May 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 Delay in Publication of the Legislative Nonreauthorization Notice - 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/2013/20130515/ed154162.htm 2. SPECIAL NOTICES Notice for June 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/2013/20130515/sn154090.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 April 16, 2013, 12:00 a.m., and May 1, 2013, 11:59 p.m. are summarized in this, the May 15, 2013, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the May 15, 2013, issue of the Utah State Bulletin until at least June 14, 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 September 12, 2013, the agency may notify the Division of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Division of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses and the agency must start the process over. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301; Rule R15-2; and Sections R15-4-3, R15-4-4, R15-4-5, R15-4-9, and R15-4-10. ADMINISTRATIVE SERVICES FINANCE No. 37558 (Amendment): R25-5. Payment of Per Diem to Boards. SUMMARY OF THE RULE OR CHANGE: The board member shall pay taxes if they are eligible to receive the per diem. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The effect to the state budget will be negligible. There may be some cost savings if agencies are more careful to ensure that board members who are otherwise compensated are not reimbursed twice. - LOCAL GOVERNMENTS: This rule amendment applies only to monies paid to board members and employees of state government and higher education and therefore, will have no impact on local government. - SMALL BUSINESSES: This rule amendment applies only to monies paid to board members and employees of state government and higher education and therefore, will have not impact on small business. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule amendment applies only to monies paid to board members and employees of state government and higher education and therefore, will not impact any persons outside of state government and higher education. COMPLIANCE COSTS FOR AFFECTED PERSONS: There may be minimal compliance costs for staffing expenses to approve and process per diem payments. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: These changes are for clarification purposes and have no impact on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 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 THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37558.htm No. 37556 (Amendment): R25-7. Travel-Related Reimbursements for State Employees. SUMMARY OF THE RULE OR CHANGE: The rule increases reimbursement rate for mileage, lodging, and food for in-state travel. Decreases meal per diem for out-of state travel. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will potentially be an increased cost to the state as some reimbursements are increasing. However, the agency cannot determine exactly what the increase will be as that depends on the amount of travel by individuals eligible for reimbursement. - LOCAL GOVERNMENTS: There will not be costs to local governments because the rule only governs reimbursements by the state to individuals traveling on state business. - SMALL BUSINESSES: Small business may see an increase in revenue. However, the agency cannot determine exactly what the increase will be as that depends on the amount of travel by individuals eligible for reimbursement. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Individuals eligible for reimbursement will see an increase in their reimbursement amounts for in-state travel, or a decrease in reimbursement amounts for out-of-state travel. However, the agency cannot determine exactly what the increase or decrease will be as that depends on the amount of travel by individuals eligible for reimbursement. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because the amendment only changes reimbursement rates and does not require any new action on the part of persons applying for reimbursements, there are no compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed these changes with the Division of Finance Director and believe these changes are reasonable and warranted. Small business may see an increase in revenue. However, the agency cannot determine exactly what the increase will be as that depends on the amount of travel by individuals eligible for reimbursement. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 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 THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37556.htm No. 37557 (Amendment): R25-8. Overtime Meal Allowance. SUMMARY OF THE RULE OR CHANGE: Allowances for meals received by employees required to work hours in excess of regularly scheduled hours must be paid through the payroll system to withhold the appropriate tax. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Amending the rule does not change the impact of the overtime meal allowance on the state budget. - LOCAL GOVERNMENTS: The rule only applies to state agencies and state employees and, therefore, it will have no impact on local government. - SMALL BUSINESSES: This rule applies only to state employees, therefore, it will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Individuals eligible for an overtime meal allowance must be paid through the payroll system to have the appropriate tax withheld. COMPLIANCE COSTS FOR AFFECTED PERSONS: Because the reimbursement will be paid through the payroll system, tax will be withheld from the reimbursement. Appropriate tax would be the compliance cost for affected person. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed these changes with the Division of Finance Director. The amendment to Rule R25-8 applies only to state agencies and state employees and will have no impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 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 THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37557.htm AGRICULTURE AND FOOD ANIMAL INDUSTRY No. 37529 (Amendment): R58-1. Admission and Inspection of Livestock, Poultry and Other Animals. SUMMARY OF THE RULE OR CHANGE: Based on a comment received during the comment period, language has been added to Section R58-1-14 that refers to the importation of aquatic animals in Rule R58-17. In Section R58-1-16, the single cervical tuberculin test was removed as the specific test required for tuberculosis testing based on the approval of an additional tuberculosis test. Also in Section R58-1-16, two individual forms of identification must be listed on the Certificate of Veterinary Inspection which is in compliance with the federal chronic wasting disease (CWD) rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Changes to Rule R58-1 will not change the state budget. Although, by not requiring import permits on exotic animals, the Division of Animal Industry personnel will be freed up to conduct other duties more efficiently. - LOCAL GOVERNMENTS: This rule has only affected local government when a case was brought before a judge. This has only occurred once in the last ten years so we do not expect this rule change to affect local government. - SMALL BUSINESSES: The proposed change may actually decrease the expense it costs for importers of cervids into Utah by decreasing the amount of handling an individual elk will need to complete the tuberculosis testing requirements. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed change may actually decrease the expense it costs for importers of cervids into Utah by decreasing the amount of handling an individual elk will need to complete the tuberculosis testing requirements. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs may be reduced for importers of cervids into Utah by reducing the amount of handling the individual animal must go through for the current single cervical tuberculin test requirement. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The changes to Rule R58-1 are the result of the approval of a new tuberculosis test for cervids and public comments that were received during the comment period. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Bruce King by phone at 801-538-7162, by FAX at 801-538-7169, or by Internet E-mail at bking@utah.gov - Kathleen Mathews by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov - Kyle Stephens by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at kylestephens@utah.gov - Wyatt Frampton by phone at 801-538-7165, by FAX at 801-538-7169, or by Internet E-mail at wframpton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37529.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 37533 (Amendment): R156-75. Genetic Counselors Licensing Act Rule. SUMMARY OF THE RULE OR CHANGE: In Section R156-75-302b, all temporary licenses currently expire on December 31 immediately following the next available American Board of Genetic Counseling (ABGC) examination date. Individuals have only one opportunity per year to take the ABGC exam. For this reason, the rule allows them to obtain the temporary license a second time. Beginning in 2014, individuals will have two opportunities per year to take the exam. This upcoming increase in exam availability led the Board to recommend a rule amendment to decrease the length of time individuals may hold temporary licenses to 18 months and to not allow individuals to obtain a temporary license a second time. In Section R156-75-304, currently, genetic counselors must complete 50 hours of continuing education during every renewal cycle. In an effort to decrease regulation and to be more consistent with requirements for national ABGC certification renewal, the Board recommends this requirement be decreased to 40 hours. In Section R156-75- 502, the proposed amendment makes it unprofessional conduct for a genetic counselor to fail to provide general supervision to a temporary genetic counselor when under their supervision. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Division will incur minimal costs of approximately $100 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. - LOCAL GOVERNMENTS: The proposed amendments only impact genetic counselors and temporary genetic counselors. As a result, the proposed amendments do not apply to local governments. - SMALL BUSINESSES: The proposed amendments only impact genetic counselors and temporary genetic counselors. Small businesses that employ temporary genetic counselors may experience some cost impact due to the inability to apply for the temporary license a second time; however, the extent of the cost impact is insignificant because cost impact is offset by the increase in availability of the exam. Small businesses that employ genetic counselors may also experience a cost savings due to the decrease in the number of continuing education hours required for license renewal. The cost of continuing education for genetic counselors ranges from $25 to $40 for every 10 hours of continuing education, plus registration and transportation costs if applicable. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The proposed amendments only impact genetic counselors and temporary genetic counselors. Some genetic counselors may experience cost savings due to the decrease in the amount of continuing education required for license renewal. Under the proposed amendment, genetic counselors are required to complete 10 fewer hours of continuing education. As a result, some genetic counselors will save money they would have otherwise spent in order to complete 10 additional hours of continuing education. The cost of continuing education for genetic counselors ranges from $25 to $40 for every 10 hours of continuing education, plus registration and transportation costs if applicable. Many licensees already complete 50 hours of continuing education every two years in order to maintain their ABGC certification. Temporary genetic counselors may experience some cost impact due to the inability to apply for the temporary license a second time; however, the extent of cost impact is insignificant because it is likely offset by the increase in availability of the exam. COMPLIANCE COSTS FOR AFFECTED PERSONS: The proposed amendments only impact genetic counselors and temporary genetic counselors. Some genetic counselors may experience cost savings due to the decrease in the amount of continuing education required for license renewal. Under the proposed amendment, genetic counselors are required to complete 10 fewer hours of continuing education. As a result, some genetic counselors will save money they would have otherwise spent in order to complete 10 additional hours of continuing education. The cost of continuing education for genetic counselors ranges from $25 to $40 for every 10 hours of continuing education, plus registration and transportation costs if applicable. Many licensees already complete 50 hours of continuing education every two years in order to maintain their ABGC. Temporary genetic counselors may experience some cost impact due to the inability to apply for the temporary license a second time; however, the extent of cost impact is insignificant because it is likely offset by the increase in availability of the exam. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed amendment requires a person to test and qualify for a non-temporary genetic counselor license at or before the time the temporary license expires, rather than applying to renew the temporary license. Affected businesses will incur the associated licensing costs at an earlier date than they would under the existing rule, but the actual cost of licensing remains unchanged. The proposed amendment also reduces the number of continuing education hours that are required to renew a genetic counselor license. Affected businesses will experience nominal savings from this reduction. Finally, the filing establishes that it is unprofessional conduct for a licensed genetic counselor to fail to supervise an affiliated individual holding a temporary license. No fiscal impact to businesses is anticipated from this change. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Rich Oborn by phone at 801-530-6767, by FAX at 801-530-6511, or by Internet E-mail at roborn@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/23/2013 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37533.htm REAL ESTATE No. 37530 (Amendment): R162-2f. Real Estate Licensing and Practices Rules. SUMMARY OF THE RULE OR CHANGE: The changes: 1) specify and define which instructional methods are acceptable for education credit; 2) clarify the information a real estate school must provide the Division to obtain a certification; 3) require real estate schools to notify students of the possibility of obtaining an education waiver from the Division; 4) update requirements for course certification including a school's description of its student grievance process and its course content regarding current statutes and rules; and 5) remove the requirement of preparing, administering, and submitting student evaluations to the Division. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This filing does not create any new programs or standards the Division will be required to implement or enforce. The Division already has the staff and budget necessary to review applications for school and course certification, and the proposed amendments will not increase the costs of this review. Therefore, no fiscal impact to the state budget is anticipated. - LOCAL GOVERNMENTS: Local governments are not required to comply with or enforce the rules governing the real estate industry. Therefore, no fiscal impact to local government will result from this filing. - SMALL BUSINESSES: Real estate schools and course providers that find it necessary to update or modify current disclosures and course content might experience costs. These costs will vary among providers and cannot be estimated, but should be minimal on consideration that education providers routinely include in their budgets costs for reviewing and updating their course offerings. In addition, any costs experienced will be offset, at least to a degree, by savings realized from the removal of the current requirement under which providers send to the Division student evaluations of each course taught. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Real estate schools and providers are the only persons affected by this filing. Therefore, no fiscal impact to other persons will result from this filing. COMPLIANCE COSTS FOR AFFECTED PERSONS: Real estate schools and course providers that find it necessary to update or modify current disclosures and course content might experience costs. These costs will vary among providers and cannot be estimated, but should be minimal on consideration that education providers routinely include in their budgets costs for reviewing and updating their course offerings. In addition, any costs experienced will be offset, at least to a degree, by savings realized from the removal of the current requirement under which providers send to the Division student evaluations of each course taught. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: As explained in the rule summary, any costs to businesses resulting from compliance with course curriculum requirements are anticipated to be minimal, and will likely be offset by savings that result form the Division's repealing language that currently requires education providers to send to the Division student evaluations of each course taught. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ben Jensen by phone at 801-530-6603, by FAX at 801-526-4387, or by Internet E-mail at bjensen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37530.htm EDUCATION ADMINISTRATION No. 37537 (Amendment): R277-531-3. Public Educator Evaluation Framework. SUMMARY OF THE RULE OR CHANGE: In Subsection R277-531-3F(8), "process" is changed to "procedure" and "conclusions" is changed to "process". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no anticipated cost or savings to the state budget. The wording changes make the language consistent with the intent of the state law. - LOCAL GOVERNMENTS: There is no anticipated cost or savings to local government. The wording changes make the language consistent with the intent of the state law. - 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 wording changes make the language consistent with the intent of the state law. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. The wording changes make the language consistent with the intent of the state law. 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 06/14/2013 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: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37537.htm ENVIRONMENTAL QUALITY WATER QUALITY No. 37575 (Repeal and Reenact): R317-4. Onsite Wastewater Systems. SUMMARY OF THE RULE OR CHANGE: This is a complete re-write of the existing rule. Listed below are significant changes incorporated into the proposed (reenacted) rule: 1) local health departments (LHDs) are now granted authority to administer the alternative system program, although a LHD may request to "opt out"; 2) rules may now be waived for the repair of malfunctioning systems provided the repair is equally protective of public health and the environment; 3) soil logs using USDA classification may now be used in place of percolation tests for some designs; 4) lots with excessively permeable soils (faster than 1 min/inch) may now be approvable using packed bed media treatment with disinfection; 5) drain fields may now be installed on slopes over 25% (and up to 35%) based on a site-specific analysis by a geotechnical engineer; 6) pressure distribution may now be used in lieu of gravity dispersal without the need for pretreatment; 7) maximum soil cover over tanks is now restricted to 4 feet except for "unusual conditions"; 8) distribution boxes and drop boxes are now required to install a riser to the surface; 9) the maximum length of absorption trenches is increased from 100 feet to 150 feet; 10) bundled synthetic aggregate may now be used in place of gravel drain media; 11) vertical separation to groundwater is increased from 2 feet to 4 feet for deep wall trenches and seepage pits; 12) earth fill systems are no longer permitted; 13) sand lined trench systems are now included as an alternative system, and may be used in type 1-4 soils or saprolite; 14) operation and maintenance is now encouraged for conventional systems and continues to be required for alternative systems; and 15) variance approval is now delegated to the LHD having jurisdiction, and variances are now allowed for the entire rule, except for separation distance to a public water source. Any request for a variance must be supported by a site-specific analysis demonstrating equal or greater protection of public health and the environment, prepared by licensed engineer or geotechnical engineer. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No impact to state budget is anticipated. The rule applies to wastewater systems under the jurisdiction of local health departments. - LOCAL GOVERNMENTS: This rule generally gives LHDs more flexibility and may result in additional lots having the capability of development. LHDs may incur additional costs of review and inspection of the new systems and for variance requests. Actual costs cannot be determined because the number of potential alternative systems or variance requests which may be proposed are unknown. Unit costs are difficult to estimate because of the wide range of approaches and personnel used by the LHD. LHD are aware of potential increased costs. Any increased costs will likely be recouped through fees. - SMALL BUSINESSES: As additional lots are developed, businesses influenced by small wastewater disposal systems, i.e., pumpers, designers, installers, suppliers, may show an increased demand for their services and products. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule generally gives individuals more flexibility to develop properties that were previously "unbuildable" due to site constraints for wastewater disposal. For those individuals who choose to install an alternative system for those lots that are required to have this level of treatment may incur additional costs of $8,000 to $10,000 per system over the costs of a conventional system. Application for a variance under the proposed rule is voluntary. An applicant seeking a variance will require the expertise of a professional engineer or geologist to prepare an application package that contains all of the required information. These professional services may cost $2,000 or more depending on the complexities of the site, hydrology and hydrology, and the variance request itself. The proposed rules provide a list of standards that must be met, including that the proposed system will result in equal or greater protection of public health and the environment by meeting the minimum standards and intent of the rule. The ability to install an onsite wastewater system under a variance in an area where such a system was previously "unbuildable" may significantly increase the value of such a property. Aggregate impacts are difficult to estimate as it is unknown how many individuals will seek a variance under this rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: Individuals who choose to install alternative systems allowed under the proposed rule and installing alternative technology to satisfy the variance standards, could incur an additional costs of $8,000 to $10,000 per system over the costs of a conventional system. The LHD may incur additional costs of review and inspections for the new systems and variance requests. Any increased costs to the LHD will likely be recouped through fees. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The proposed rule has been reviewed, edited and supported by a work group representing local health departments. Further review has been made by a formal stake holders group, with additional editing and endorsement. Granting the local health department greater flexibility to administer the alternative systems program, and delegating authority to review and approve variances, may incur increased costs. These costs will be offset by owners or developers now being able to utilize previously "unbuildable" lots. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Judy Etherington by phone at 801-536-4344, by FAX at 801-536-4301, or by Internet E-mail at jetherington@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/26/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37575.htm No. 37581 (Amendment): R317-8. Utah Pollutant Discharge Elimination System (UPDES). SUMMARY OF THE RULE OR CHANGE: As a result of changes to federal requirements pertaining to CAFOs in 40 CFR, a new Section, R317-8-10, is being added to the rule. Additional changes are being proposed to Sections R317-8-1, R317-8-2, R317-8-3, R317-8-4, and R317-8-6. The proposed amendments include: 1) changes to several water quality compliance requirements that CAFOs need to implement at their facilities; 2) changes to CAFO permitting requirements; and 3) changes to some of the administrative processes pertaining to CAFOs, such as a requirement to provide public notice of nutrient management plans. Most of the federal requirements are included by incorporating the applicable federal regulation by reference. Changes required to implement S.B. 21 consisted of numerous replacements of the term "Executive Secretary"with "Director". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated impacts to the state budget. The proposed rule will be implemented using existing resources. The agency anticipates a reduction in total permit fee received for CAFO Program because the number of permitted facilities will decrease as a result of the amendments. - LOCAL GOVERNMENTS: Enactment of these amendments likely will not result in direct, measurable costs or savings for local governments. The proposed amendments only apply to animal feeding operations and concentrated animal feeding operations in Utah as provided in the rule. - SMALL BUSINESSES: There are no expected savings due to the rule change, other than the possibility of a few facilities not being subject to penalties for illegally discharging. Under the new rule, AFOs and CAFOs that follow reasonable measures will not be penalized for their discharges. It is anticipated that the rule change will likely not result in direct, measurable costs for the majority of AFOs and CAFOs. Only discharging facilities are required to obtain a permit. These permitted facilities are most likely to have increased costs for compliance, however, the number of permitted facilities is expected to decrease under the new rule. Since the majority of the AFOs and CAFOs are in compliance or should be in compliance with existing federal regulations, most facilities will not require improvements. Permitted CAFOs may have increased record keeping requirements which may involve extra time to comply but there should be no monetary expenditures to achieve compliance. Permitted CAFOs will need a depth-measure in their waste storage structures, however, this should be a low-cost item to install, on the order of $200 - $300 per installation. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Enactment of these amendments likely will not result in direct, measurable costs or savings for other persons. The proposed amendments only apply to animal feeding operations and concentrated animal feeding operations in Utah as provided in the rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: It is anticipated that the rule change will likely not result in direct, measurable costs for the majority of AFOs and CAFOs. Only discharging facilities are required to obtain a permit. These permitted facilities are most likely to have increased costs for compliance, however, the number of permitted facilities is expected to decrease under the new rule. Since the majority of the AFOs and CAFOs are in compliance or should be in compliance with existing federal regulations, most facilities will not require improvements. Permitted CAFOs may have increased record keeping requirements which may involve extra time to comply but there should be no monetary expenditures to achieve compliance. Permitted CAFOs will need a depth-measure in their waste storage structures, however, this should be a low-cost item to install, on the order of $200 - $300 per installation. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: It is anticipated that the rule change will likely not result in direct, measurable costs for the majority of AFOs and CAFOs. Only discharging facilities are required to obtain a permit. These permitted facilities are most likely to have increased costs for compliance, however, the number of permitted facilities is expected to decrease under the new rule. Since the majority of the AFOs and CAFOs are in compliance or should be in compliance with existing federal regulations, most facilities will not require improvements. Permitted CAFOs may have increased record keeping requirements which may involve extra time to comply but there should be no monetary expenditures to achieve compliance. Permitted CAFOs will need a depth-measure in their waste storage structures, however, this should be a low-cost item to install, on the order of $200 - $300 per installation. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Dave Wham by phone at 801-536-4337, by FAX at 801-536-4301, or by Internet E-mail at dwham@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37581.htm GOVERNOR PLANNING AND BUDGET, INSPECTOR GENERAL OF MEDICAID SERVICES (OFFICE OF) No. 37536 (Repeal and Reenact): R367-1. Office of Inspector General of Medicaid Services. SUMMARY OF THE RULE OR CHANGE: This rule change implements the provisions required by H.B. 106 and H.B. 315 (2013). The Office of the Inspector General (OIG) is repealing its previous administrative rule under Title R367 and reenacting it under Title R30. The Office is eliminating several redundant rules and incorporations by reference. The Office is removing provisions pertaining to billing codes, confidentiality, discrimination, and several statutes and regulations that are incorporated by reference. These provisions are not needed as they are redundant and imposed on the Office by other laws. This administrative rule is designed to simplify and clarify how the Office is to operate. The new rule implements how the Office will communicate with providers, conduct audits, make reports to law enforcement and execute the duties imposed by law. The new rule creates provisions regarding on-site visits, and training. Additionally, the rule implements a 36-month time frame for investigations and audits. The rule clarifies how policy is enforced and in accordance with the new provisions of H.B. 106 and H.B. 315 (2013). Lastly, the rule implements the human resource rules that the Office will use. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The implementation of Rule R30-2 will not have any aggregate cost to the state budget. The rule further clarifies the duties and procedures of the Office of Inspector General outlined in Sections 63A- 13-101 through 63A-13-602. No other expense is created by the issuance of this rule. There will be savings to the state budget, as this rule will further assist the OIG to recoup and recovery misappropriated Medicaid funds. This amount will vary year to year based upon the results of the audits. - LOCAL GOVERNMENTS: The promulgation of this rule will not result in direct and measurable costs for local governments. Local governments are not involved in the Medicaid Program. Additionally, the OIG will be collecting wrongfully acquired Medicaid funds. These are funds that the local governments were not originally entitled to; any funds paid by the local government, if any, would be a reimbursement of state and federal money. - SMALL BUSINESSES: The promulgation of this rule will not result in direct and measurable costs for small businesses. The OIG will be collecting wrongfully acquired Medicaid funds from small and solo practice medical providers. These are funds that the providers were not originally entitled to; any monies paid by the providers to the OIG, if any, would be a reimbursement of state monies. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The promulgation of this rule will not result in direct and measurable costs for other entities. The OIG will be collecting wrongfully acquired Medicaid funds from hospitals, large provider groups, pharmacies. These are funds that the providers were not originally entitled to; any monies paid by the providers to the OIG, if any, would be a reimbursement of state monies. Therefore there would be no additional costs to small businesses, just a reimbursement to the state. COMPLIANCE COSTS FOR AFFECTED PERSONS: Rule R30-1 does not create new compliance costs for any local government or business. There are no regulatory mandates created by this rule. The rule establishes the OIG's new duties, audit responsibilities, and procedures. Due to this there is no cost created by the implementation of this rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rule R30-1 does not create any additional costs to local governments or any businesses. The rule will outline the daily operations of the Office of Inspector General. The Office will seek to recover recoupment of wrongfully or erroneously acquired Medicaid funds. The entities that inappropriately received the monies do not incur additional costs, other than a reimbursement to the state of the money they were not otherwise entitled to. Further, entities and providers that are assessed a recoupment may have this recoup offset by future payments. This will minimize the impact to daily operations of the provider. The fiscal impact of Rule R30-1 follows the analysis conducted by the Office of Legislative Fiscal Analyst report for H.B. 84, which founded the office in July of 2011. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Michael Green by phone at 801-538-6123, by FAX at 801-538-6382, or by Internet E-mail at mkgreen@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37536.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 37546 (Amendment): R414-1-30. Governing Hierarchy. SUMMARY OF THE RULE OR CHANGE: Section R414-1-30 is removed in its entirety to defer to provisions set forth in H.B. 106, 2013 General Session, which require OIG to identify conflicts between the Medicaid State Plan, Department administrative rules, Medicaid provider manuals, and MIBs, and to recommend that the Department reconcile inconsistencies. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no fiscal impact because the review requirements in H.B. 106 do not create administrative costs to either the Department or OIG. - LOCAL GOVERNMENTS: There is no fiscal impact to local governments because they neither fund nor provide Medicaid services to Medicaid recipients. - SMALL BUSINESSES: There is no fiscal impact because the review requirements in H.B. 106 do not apply to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The Department does not expect a fiscal impact to providers and recipients because any inconsistencies that could arise should not affect provider reimbursement or Medicaid services. COMPLIANCE COSTS FOR AFFECTED PERSONS: The Department does not expect a fiscal impact to a single provider or recipient because any inconsistencies that could arise should not affect provider reimbursement or Medicaid services. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This change should have no effect on business as it will not change reimbursement rates. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 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: 07/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37546.htm No. 37578 (Amendment): R414-11. Podiatry Services. SUMMARY OF THE RULE OR CHANGE: This amendment broadens client access to podiatric services through a provision that allows podiatrists to perform services within their scope of license to all categorically and medically needy recipients. It also makes other clarifications and refers to the Podiatric Services Provider Manual for descriptions of all non-covered services, covered services and service limitations. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because the increase in revenue for podiatrists comes from the same appropriation of funds that general practitioners continue to receive for podiatric services. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund nor provide Medicaid services to Medicaid recipients. - SMALL BUSINESSES: General practitioners may see a slight decrease in revenue with the increase in revenue for podiatrists. Nevertheless, there is no data to estimate how much that decrease will be. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: General practitioners may see a slight decrease in revenue with the increase in revenue for podiatrists. Conversely, Medicaid recipients will see nominal savings with the increase in access to podiatric services. Nevertheless, there is no data to estimate the decrease in revenue or the increase in savings. COMPLIANCE COSTS FOR AFFECTED PERSONS: A single general practitioner may see a slight decrease in revenue. Nevertheless, there is no data to estimate how much that decrease will be. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule should be revenue neutral for providers. Reductions in one provider class will be offset by increased revenues for podiatrists. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 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: 07/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37578.htm No. 37528 (Amendment): R414-70. Medical Supplies, Durable Medical Equipment, and Prosthetic Devices. SUMMARY OF THE RULE OR CHANGE: This amendment removes all references to the Medical Supplies List and makes other clarifications. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this change only clarifies that the Medical Supplies List is not an attachment to the Medical Supplies Provider Manual. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund nor provide Medicaid services to Medicaid recipients. - SMALL BUSINESSES: There is no impact to small businesses because this change only clarifies that the Medical Supplies List is not an attachment to the Medical Supplies Provider Manual. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid recipients because this change only clarifies that the Medical Supplies List is not an attachment to the Medical Supplies Provider Manual. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid recipient because this change only clarifies that the Medical Supplies List is not an attachment to the Medical Supplies Provider Manual. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This is a technical change allowing certain material to be more easily located on-line. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 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: 07/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37528.htm No. 37576 (Amendment): R414-401-3. Assessment. SUMMARY OF THE RULE OR CHANGE: In Subsection R414-401-3(2), every nursing facility is assessed at the uniform rate of $14.57 per patient day, which is an increase from the previous $14.50 per patient day assessment, based upon projected days. In Subsection R414-401-3(2), ICFs/ID are assessed at the uniform rate of $6.50 per patient day, which is a decrease from the previous $6.80 per patient day assessment, based upon projected days. These updates are based on estimates of patient days for State Fiscal Year 2014 and the appropriation amounts. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The update to the facility assessment rate is anticipated to be budget neutral as it updates the collection rate based on projected days in State Fiscal Year 2014 and the appropriation amount. The update to the ICF/ID assessment rate is anticipated to be budget neutral as it updates the collection rate based on projected days in State Fiscal Year 2014 and the appropriation amount. - LOCAL GOVERNMENTS: Inasmuch as swing beds are variable, it is not possible to determine the cost or savings to local hospital and swing bed facilities. - SMALL BUSINESSES: Nursing facilities will realize an increased cost based upon the increase in the assessment rate. Inasmuch as patient days are variable, it is not possible to determine the increased cost that will be realized by these facilities. ICFs/ID will realize a decreased cost based upon the decrease in the assessment rate. Inasmuch as patient days are variable, it is not possible to determine the decreased cost that will be realized by these facilities. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Medicaid nursing facility providers will realize an increase in cost to non-Medicaid-certified facilities as those facilities would be assessed the higher amount and would not realize any payments from Medicaid. ICFs/ID will realize a decreased cost based upon the decrease in the assessment rate. Inasmuch as patient days are variable, it is not possible to determine the decreased cost that will be realized by these facilities. COMPLIANCE COSTS FOR AFFECTED PERSONS: Compliance costs include an increased collection of $0.07 per non-Medicare patient day from each nursing facility and a decrease of $0.30 per qualifying patient day for the ICF/ID providers. The assessment monies are used to draw down federal matching funds that result in higher reimbursement rates than would be possible without the assessment monies. All Medicaid-certified nursing and swing bed facilities have benefited from this process. The amount of overall gain depends on the number of Medicaid patients in the facility. In addition, there would be an increase in cost to non-Medicaid-certified facilities as those facilities would be assessed the higher amount and would not realize any payments from Medicaid. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This will have minimum impact on business as the majority of those being assessed will benefit from increased payment from Medicaid. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 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: 07/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37576.htm No. 37577 (Amendment): R414-506. Hospital Provider Assessments. SUMMARY OF THE RULE OR CHANGE: This amendment corrects both a citation and a section number in the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Department does not anticipate any impact to the General Fund because this change only implements a change to a citation. - LOCAL GOVERNMENTS: There is no impact to local governments because this change only implements a change to a citation. - SMALL BUSINESSES: There is no impact to small businesses because this change only implements a change to a citation. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact because this change only implements a change to a citation. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs because this change only implements a change to a citation. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This should have no impact on business as it is a technical amendment correcting the statutory citation. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 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: 07/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37577.htm No. 37549 (Amendment): R414-509. Medicaid Autism Waiver Open Enrollment Process. SUMMARY OF THE RULE OR CHANGE: This amendment clarifies that children who are two years of age through six years of age are eligible to receive Medicaid services under the Autism Waiver if they meet other eligibility requirements. This change, therefore, extends eligibility for the waiver through six years of age. This amendment also makes other clarifications. (DAR NOTE: A corresponding 120-day (emergency) rule that is effective as of 05/01/2013 is under DAR No. 37548 in this issue, May 15, 2013, of the Bulletin.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this amendment neither creates new services nor eliminates current ones. All services are in accordance with legislative intent to allow children who are two years of age through six years of age to become eligible under the Autism Waiver, and are within appropriations approved by the 2012 Legislature. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund nor provide Medicaid services to Medicaid recipients. - SMALL BUSINESSES: There is no impact to small businesses because this amendment neither creates new services nor eliminates current ones. All services are in accordance with legislative intent to allow children who are two years of age through six years of age to become eligible under the Autism Waiver, and are within appropriations approved by the 2012 Legislature. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid recipients because this amendment neither creates new services nor eliminates current ones. All services are in accordance with legislative intent to allow children who are two years of age through six years of age to become eligible under the Autism Waiver, and are within appropriations approved by the 2012 Legislature. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid recipient because this amendment neither creates new services nor eliminates current ones. All services are in accordance with legislative intent to allow children who are two years of age through six years of age to become eligible under the Autism Waiver, and are within appropriations approved by the 2012 Legislature. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This change will have no impact on business as it does not change the reimbursement for services. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 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: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37549.htm HUMAN RESOURCE MANAGEMENT ADMINISTRATION No. 37561 (Amendment): R477-1-1. Definitions. SUMMARY OF THE RULE OR CHANGE: The term "time limited" is changed to "temporary" and a definition is added for "separation". Language is added to grievance definition to include reporting employees as defined in new code provisions. Current employees are differentiated from applicants with regard to preemployment drug testing. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees because the changes are administrative. COMPLIANCE COSTS FOR AFFECTED PERSONS: These changes are administrative and have no direct compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or other entities outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet E-mail at jacker@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/30/2013 09:00 AM, Capitol Hill Senate Building, 450 N State Street, Seagull Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37561.htm No. 37562 (Amendment): R477-2. Administration. SUMMARY OF THE RULE OR CHANGE: Categories of those exempted from rules are expanded. Discrimination is added to the title of Section R477-2-3 for easier reference. A subsection is added to clarify compliance with code in regard to public records classification. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees because the changes are administrative. COMPLIANCE COSTS FOR AFFECTED PERSONS: These changes are administrative and have no direct compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or other entities outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet E-mail at jacker@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/30/2013 09:00 AM, Capitol Hill Senate Building, 450 N State Street, Seagull Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37562.htm No. 37563 (Amendment): R477-4. Filling Positions. SUMMARY OF THE RULE OR CHANGE: Career service principles are further explained. Minimum postings for career service recruitments are reduced from 7 to 3 days. Transfers and reassignments affecting longevity status are articulated. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees because the changes are administrative. COMPLIANCE COSTS FOR AFFECTED PERSONS: These changes are administrative and have no direct compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or other entities outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. T he only possible impact may be a very slight, indirect effect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet E-mail at jacker@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/30/2013 09:00 AM, Capitol Hill Senate Building, 450 N State Street, Seagull Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37563.htm No. 37564 (Amendment): R477-5. Employee Status and Probation. SUMMARY OF THE RULE OR CHANGE: Career service exempt employee conversion to career service is clarified as a management decision. Additional language clarifies break in service and probationary periods. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees because the changes are administrative. COMPLIANCE COSTS FOR AFFECTED PERSONS: These changes are administrative and have no direct compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet E-mail at jacker@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/30/2013 09:00 AM, Capitol Hill Senate Building, 450 N State Street, Seagull Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37564.htm No. 37565 (Amendment): R477-6. Compensation. SUMMARY OF THE RULE OR CHANGE: The amendments: clarify application of longevity rules; clarify application of wage decreases in a transfer; and clarify the amount of decrease allowed in a career mobility. Provisions for enrolling or declining medical insurance are changed in accordance with law. Tier II retirement election is extended to one year. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes concern administrative practices and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule could have financial impact on new state employees, positive or negative, resulting from changed time frames for making benefit decisions. COMPLIANCE COSTS FOR AFFECTED PERSONS: These changes are administrative and have no direct compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet E-mail at jacker@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/30/2013 09:00 AM, Capitol Hill Senate Building, 450 N State Street, Seagull Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37565.htm No. 37566 (Amendment): R477-7. Leave. SUMMARY OF THE RULE OR CHANGE: In Section R477-7-1, compensatory and excess time are removed. Language is added to prohibit usage of leave before it is accrued and to prohibit accrual of excess hours during leave, except jury leave. Language is added and removed in Subsection R477-7-5(8) regarding reemployment of retirees. Language adding DHRM consultation is added to Section R477-7-17, Long Term Disability leave. Section R477-7-19 adds and removes language regarding leave bank policies. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees because the changes are administrative. COMPLIANCE COSTS FOR AFFECTED PERSONS: These changes are administrative and have no direct compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. T he only possible impact may be a very slight, indirect effect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet E-mail at jacker@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/30/2013 09:00 AM, Capitol Hill Senate Building, 450 N State Street, Seagull Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37566.htm No. 37567 (Amendment): R477-8. Working Conditions. SUMMARY OF THE RULE OR CHANGE: Section R477-8-1 is changed to redefine work week and place limitations. Formatting is simplified. Language establishes DHRM with responsibility to establish compensatory time limits for FLSA exempt employees. Clarifying language is added to Section R477-8-13. Clarifying language and relative law is referenced with regard to reasonable accommodation. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees because the changes are administrative. COMPLIANCE COSTS FOR AFFECTED PERSONS: These changes are administrative and have no direct compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet E-mail at jacker@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/30/2013 09:00 AM, Capitol Hill Senate Building, 450 N State Street, Seagull Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37567.htm No. 37568 (Amendment): R477-9. Employee Conduct. SUMMARY OF THE RULE OR CHANGE: The term "termination" is replaced by "dismissal". The term "corrective action" is replaced with "performance improvement plan". A new Section R477-9-5, Employee Reporting Protections is added. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees because the changes are administrative. COMPLIANCE COSTS FOR AFFECTED PERSONS: These changes are administrative and have no direct compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or other entities outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet E-mail at jacker@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/30/2013 09:00 AM, Capitol Hill Senate Building, 450 N State Street, Seagull Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37568.htm No. 37569 (Amendment): R477-10-3. Employee Development and Training. SUMMARY OF THE RULE OR CHANGE: Subsection R477-10-3(1) is removed. This subsection specifically addresses workplace harassment. The content of this section is placed into Rule R477-15, which addresses workplace harassment prevention. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees because the changes are administrative. COMPLIANCE COSTS FOR AFFECTED PERSONS: These changes are administrative and have no direct compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet E-mail at jacker@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/30/2013 09:00 AM, Capitol Hill Senate Building, 450 N State Street, Seagull Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37569.htm No. 37570 (Amendment): R477-11. Discipline. SUMMARY OF THE RULE OR CHANGE: The Utah Code references are added to identify grievance and appeal exceptions in disciplinary actions. Language is changed clarifying an employee's right to be heard in a meeting, not necessarily a formal hearing. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees because the changes are administrative. COMPLIANCE COSTS FOR AFFECTED PERSONS: These changes are administrative and have no direct compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet E-mail at jacker@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/30/2013 09:00 AM, Capitol Hill Senate Building, 450 N State Street, Seagull Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37570.htm No. 37571 (Amendment): R477-12. Separations. SUMMARY OF THE RULE OR CHANGE: The new language clarifies that career service employees separated in a RIF are given preferential consideration in the application score on a hiring list. The term "termination" is replaced by "separation," consistent throughout rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees because the changes are administrative. COMPLIANCE COSTS FOR AFFECTED PERSONS: These changes are administrative and have no direct compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or other entities outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet E-mail at jacker@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/30/2013 09:00 AM, Capitol Hill Senate Building, 450 N State Street, Seagull Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37571.htm No. 37572 (Amendment): R477-13. Volunteer Programs. SUMMARY OF THE RULE OR CHANGE: Language is added to require Executive Director approval for volunteer service, as required under Section 67-20-4. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees because the changes are administrative. COMPLIANCE COSTS FOR AFFECTED PERSONS: These changes are administrative and have no direct compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet E-mail at jacker@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/30/2013 09:00 AM, Capitol Hill Senate Building, 450 N State Street, Seagull Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37572.htm No. 37573 (Amendment): R477-14. Substance Abuse and Drug-Free Workplace. SUMMARY OF THE RULE OR CHANGE: The conjunction added is an "or" consistent with intent. A new subsection is added for applicant preemployment drug testing. Similar language is removed from the subsection addressing current employees. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees because the changes are administrative. COMPLIANCE COSTS FOR AFFECTED PERSONS: These changes are administrative and have no direct compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet E-mail at jacker@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/30/2013 09:00 AM, Capitol Hill Senate Building, 450 N State Street, Seagull Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37573.htm No. 37574 (Amendment): R477-15. Workplace Harassment Prevention Policy and Procedure. SUMMARY OF THE RULE OR CHANGE: Section R477-15-2 is collapsed into the previous section. Some wording is deleted or rearranged for simplification. Section R477-15-7 (renumbered to Section R477-15-6) is rewritten to include language being removed from Section R477-10-3 concerning harassment prevention. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: These changes are administrative and do not directly impact state budgets. - LOCAL GOVERNMENTS: This rule only affects the executive branch of state government and will have no impact on local government. - SMALL BUSINESSES: This rule only affects the executive branch of state government and will have no impact on small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule only affects the executive branch of state government and will have no impact on other persons. This rule has no financial impact on state employees because the changes are administrative. COMPLIANCE COSTS FOR AFFECTED PERSONS: These changes are administrative and have no direct compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - J.J. Acker by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet E-mail at jacker@utah.gov INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/30/2013 09:00 AM, Capitol Hill Senate Building, 450 N State Street, Seagull Room, Salt Lake City, UT THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37574.htm HUMAN SERVICES CHILD AND FAMILY SERVICES No. 37527 (Repeal): R512-52. Drug Testing Copayment for Parents of Children in Child and Family Services Custody. SUMMARY OF THE RULE OR CHANGE: This rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Child and Family Services estimates a yearly cost of $132,600 (based on estimated collection that would have occurred of 2,210 copay drug tests per month at $5 per test). - LOCAL GOVERNMENTS: Child and Family Services determined that local governments are not affected by the rule and will have no fiscal impact because this rule only affects persons other than small business, business, or local government entities. - SMALL BUSINESSES: Child and Family Services determined that small businesses are not affected by the rule and will have no fiscal impact because this rule only affects persons other than small business, business, or local government entities. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are $132,600 in cost savings cumulative (based on 2,210 copay drug tests per month that would have been paid by persons at $5 per test). COMPLIANCE COSTS FOR AFFECTED PERSONS: The copay for a drug test per month would have been paid by persons at $5 per test. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule will 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 06/14/2013 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 THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37527.htm NATURAL RESOURCES OIL, GAS AND MINING; OIL AND GAS No. 37545 (Repeal and Reenact): R649-9. Waste Management and Disposal. SUMMARY OF THE RULE OR CHANGE: This rule establishes standards for the management and disposal of exploration and production wastes from the oil and gas industry. A substantive provision that is not included from the old rule is the elimination of the Subsection R649-9-3(3.4) requirements for unlined disposal pits, since unlined disposal pits are not adequate for environmental protection. Substantive provisions that are being added to the new rule include more specificity to geologic and hydrological requirements, more specificity to diagrams required for pond construction and leak detection systems, secondary containment to capture a potential release, limitation on the size of pond to encourage evaporation rather than storage and limit potential release size, a new section on landfarms rather than included in other facilities, and reclamation bonds with third party cost determination. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The Oil and Gas Program of the Division will implement the reenacted Rule R649-9 for oil and gas waste management facilities within Utah, but no direct costs or savings to the Division are anticipated from this change. - LOCAL GOVERNMENTS: Local governments do not operate oil and gas waste management facilities in Utah, therefore there is no cost or savings to local government. - SMALL BUSINESSES: The companies who operate oil and gas waste management facilities in Utah are affected by this rule. The Division has determined Rule R649-9 applies to 22 commercial disposal facilities and 19 non- commercial facilities within Utah, all accepting waste streams from oil and gas wells and well sites. Small businesses represent 39% of the number of such facilities in Utah, but a much lower percentage of the total volume of exploration and production waste handled. In another way, the larger businesses normally operate a facility that is much larger in scale and volume. Design and construction requirements for disposal facilities approved prior to 07/01/2013 remain as previously permitted. The requirement for reclamation bonds utilizing third party cost estimates is delayed for current facilities until five years after 07/01/2013, and the Division is not able to calculate the total costs without the third party figures. Some disposal facilities in Utah are not expected to see increased bond costs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Persons other than small businesses, businesses, or local government entities are not impacted by this rule, since the rule impacts companies who operate oil and gas waste management facilities within Utah. COMPLIANCE COSTS FOR AFFECTED PERSONS: The companies who operate oil and gas waste management facilities in Utah are affected by this rule. Since the existing rule was written in a more general manner, many of the permitting standards in the reenacted rule were already implemented in past practice with permittees. The Division has determined Rule R649-9 applies to 22 commercial disposal facilities and 19 non-commercial facilities within Utah, all accepting waste streams from oil and gas wells and well sites. Significant current capacity and newer technology being implemented to reduce the volume of produced water to be transported to evaporation facilities indicates there would be limited growth of new evaporation ponds in the near future. Design and construction requirements for disposal facilities approved prior to 07/01/2013 remain as previously permitted. The requirement for reclamation bonds utilizing third party cost estimates is delayed for current facilities until five years after 07/01/2013, and the Division is not able to calculate the total costs without the third party figures, although some facilities are expected to see no bond increase. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The Division has carefully considered this reenacted rule for existing facilities to provide for a five-year delay in new bond costs. In addition, the design and construction requirements remain as previously permitted, as shown in Subsection R649-1-1(1.3), for facilities approved prior to 07/01/2013. The Division has undertaken an extensive informal rulemaking which included opportunities for input from stakeholders prior to the Board of Oil, Gas and Mining allowing this rulemaking to proceed to the formal process in the State Bulletin. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/15/2013 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 INTERESTED PERSONS MAY ATTEND A PUBLIC HEARING REGARDING THIS RULE: - 05/30/2013 09:00 AM, Uintah Basin ATC, 1100 E Lagoon St., Roosevelt, UT THIS RULE MAY BECOME EFFECTIVE ON: 07/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37545.htm PUBLIC SAFETY DRIVER LICENSE No. 37554 (Repeal and Reenact): R708-32. Uninsured Motorist Database. SUMMARY OF THE RULE OR CHANGE: This repeal and reenactment adds language to the rule to provide for automobile insurance information verification responses via web services as required under Section 31A-22-315.5 in addition to current reporting requirement under Section 31A-22-315. It also removes the current insurance verification responses and incorporates by reference a document listing the various responses that may be received from an insurance inquiry. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no cost or savings to state budget because this change is provided by the third party contractor. - LOCAL GOVERNMENTS: There is no cost or savings to local government because local government does not participate in this program. - SMALL BUSINESSES: There may be some costs to insurance companies to provide automobile insurance information under Section 31A-22-315.5 via web services. However, any costs associated with the web services are associated with the statute, not the rule. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There may be some costs to insurance companies to provide automobile insurance information under Section 31A-22-315.5 via web services. However, any costs associated with the web services are associated with the statute, not the rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no costs to law enforcement agencies or financial institutions as defined in Section 7-1-103 because they currently receive insurance information from the uninsured motorist database and the additional web service insurance information will be provided at no cost. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the fiscal impact on businesses and determined some insurance companies may incur costs to establish a web service to provide insurance information as required under Section 31A-22-315.5. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jill Laws by phone at 801-964-4469, by FAX at 801-964-4482, or by Internet E-mail at jlaws@utah.gov - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/24/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37554.htm No. 37555 (New Rule): R708-49. Temporary Identification Card. SUMMARY OF THE RULE OR CHANGE: This rule defines the provisions for issuing a Temporary Regular Identification card. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be a minimal cost to state budget to complete computer programming changes to the driver license computer system to allow the issuance of a Temporary Regular Identification card. - LOCAL GOVERNMENTS: Local government does not issue Utah Identification cards and therefore is not affected. - SMALL BUSINESSES: Small businesses do not issue Utah Identification cards and therefore are not affected. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This rule will allow certain individuals the opportunity to receive a temporary regular identification card to provide a six month time frame to gather the required documentation to complete the process to obtain a regular identification card. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons because the statutorily required fee for an identification card will also apply for the temporary identification card. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed this rule and determined it will not have a fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jill Laws by phone at 801-964-4469, by FAX at 801-964-4482, or by Internet E-mail at jlaws@utah.gov - Marge Dalton by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at modalton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/24/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37555.htm REGENTS (BOARD OF) ADMINISTRATION No. 37547 (Amendment): R765-605. Utah Centennial Opportunity Program for Education. SUMMARY OF THE RULE OR CHANGE: The name of the program for which this rule was written has been changed along with needed language clarifying program guidelines, restrictions, and definitions. Outdated information has been removed. The application process for participating institutions has been simplified to allow schools to be more compliant allowing schools to receive funds for needy students in a more efficient manner. Also, the Cesar Chavez portion of the former program has been eliminated and therefore the rule needs to accommodate that. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule change does not have a cost or savings effect on state budgets since the changes only affect the program name, modifies definitions, and modifies reporting requirements of institutions utilizing program funds. No changes were made affecting monetary appropriations, spending, or reporting. - LOCAL GOVERNMENTS: None--This rule change does not have a cost or savings effect on local government since the changes only affect the program name, modifies definitions, and modifies reporting requirements of institutions utilizing program funds. No changes were made affecting monetary appropriations, spending, or reporting. - SMALL BUSINESSES: None--This rule change does not have a cost or savings effect on small businesses since the changes only affect the program name, modifies definitions, and modifies reporting requirements of institutions utilizing program funds. No changes were made affecting monetary appropriations, spending, or reporting. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule change does not have a cost or savings effect on any person other than small businesses, businesses or local government entities since the changes only affect the program name, modifies definitions, and modifies reporting requirements of institutions utilizing program funds. No changes were made affecting monetary appropriations, spending, or reporting. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule change does not have a cost or savings effect on individuals since the changes only affect the program name, modifies definitions, and modifies reporting requirements of institutions utilizing program funds. No changes were made affecting monetary appropriations, spending, or reporting. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule has no negative 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 06/14/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Ronell Crossley by phone at 801-321-7291, by FAX at 801-321-7299, or by Internet E-mail at rcrossley@utahsbr.edu THIS RULE MAY BECOME EFFECTIVE ON: 06/24/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37547.htm WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 37541 (Amendment): R986-100-118a. Improper Access of Public Assistance Benefits. SUMMARY OF THE RULE OR CHANGE: Prohibits recipients of assistance under the Family Employment Plan from accessing funds through an electronic benefit transfer in a place that exclusively or primarily sells intoxicating liquor, allows gambling, or provides adult entertainment where performers disrobe or perform unclothed. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This applies to federally-funded programs so there are no costs or savings to the state budget. - LOCAL GOVERNMENTS: This is a federally-funded program so there are no costs or savings to the local government. - SMALL BUSINESSES: There will be no costs to small businesses to comply with these changes because this is a federally-funded program. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no costs to persons other than small businesses, businesses or local government entities to comply with these changes because there are no costs or fees associated with these proposed changes. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with these changes for any affected persons because this is a federally-funded program and there are no fees or costs associated with these proposed changes. 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. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 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: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37541.htm HOUSING AND COMMUNITY DEVELOPMENT No. 37542 (Amendment): R990-101. Qualified Emergency Food Agencies Fund (QEFAF). SUMMARY OF THE RULE OR CHANGE: This proposed amendment makes many nonsubstantive changes to clean up the rule and correct citations. It also provides for what claims can be paid from the QEFAF. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There will be no costs or savings to the state budget as these changes merely explain applicable state law. It is anticipated that the amount of funds paid will remain the same and in any event, will be within current funding levels. - LOCAL GOVERNMENTS: There will be no costs or savings to any local government to comply with this change as this rule reflects current state law. - SMALL BUSINESSES: There will be no costs or savings to any small business as these changes reflect current state law and Department practice. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There will be no costs or savings to persons other than small businesses, businesses, or local government entitles because these proposed amendments reflect current law and practices. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with these changes for any affected persons because this is a federally-funded program and there are no fees or costs associated with these proposed changes. 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. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 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: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37542.htm 4. NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive public comment that requires the Proposed Rule to be altered before it goes into effect. A Change in Proposed Rule allows an agency to respond to comments it receives. While the law does not designate a comment period for a Change in Proposed Rule, it does provide for a 30-day waiting period. An agency may accept additional comments during this period, and, at its option, may designate a comment period or may hold a public hearing. The 30-day waiting period for Changes in Proposed Rules published in Utah State Bulletin ends June 14, 2013. From the end of the 30-day waiting period through September 12, 2013, an agency may notify the Division of Administrative Rules that it wants to make the Change in Proposed Rule effective. When an agency submits a Notice of Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by the Change in Proposed Rule becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication of the Change in Proposed Rule. If the agency designates a public comment period, the effective date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date. Alternatively, the agency may file another Change in Proposed Rule in response to additional comments received. If the Division of Administrative Rules does not receive a Notice of Effective Date or another Change in Proposed Rule by the end of the 120-day period after publication, the Change in Proposed Rule filings, along with its associated Proposed Rule, lapses and the agency must start the process over. Changes in Proposed Rules are governed by Section 63G-3-303; Rule R15-2; and Sections R15-4-3, R15-4-5, R15-4-7, and R15-4-9. ALCOHOLIC BEVERAGE CONTROL ADMINISTRATION No. 37363 (Change in Proposed Rule): R81-1-31. Duties of Commission Subcommittees. SUMMARY OF THE RULE OR CHANGE: The proposed changes to Section R81-1-31 define the duties of the two commission subcommittees -- the Compliance, Licensing and Enforcement Subcommittee and the Operations and Procurement Subcommittee. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the March 15, 2013, issue of the Utah State Bulletin, on page 4. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: None--This rule filing simply makes the Department of Alcoholic Beverage Control (DABC) rules consistent with state statute. - LOCAL GOVERNMENTS: None--This rule filing simply makes the DABC rules consistent with state statute. - SMALL BUSINESSES: None--This rule filing simply makes the DABC rules consistent with state statute. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: None--This rule filing simply makes the DABC rules consistent with state statute. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--This rule filing simply makes the DABC rules consistent with state statute. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: None--This rule filing simply makes the DABC rules consistent with state statute. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 06/14/2013 DIRECT QUESTIONS REGARDING THIS RULE TO: - Nina McDermott by phone at 801-977-6805, by FAX at 801-977-6888, or by Internet E-mail at nmcdermott@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 06/21/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37363.htm 5. NOTICES OF 120-DAY (EMERGENCY) RULES An agency may file a 120-Day (Emergency) Rule when it finds that the regular rulemaking procedures would: (a) cause an imminent peril to the public health, safety, or welfare; (b) cause an imminent budget reduction because of budget restraints or federal requirements; or (c) place the agency in violation of federal or state law (Subsection 63G-3- 304(1)). A 120-Day Rule is effective at the moment the Division of Administrative Rules receives the filing, or on a later date designated by the agency. A 120-Day Rule is effective for 120 days or until it is superseded by a permanent rule. Because 120-Day Rules are effective immediately, the law does not require a public comment period. However, when an agency files a 120-Day Rule, it usually files a Proposed Rule at the same time, to make the requirements permanent. Comment may be made on the Proposed Rule. Emergency or 120-Day Rules are governed by Section 63G-3-304; and Section R15-4-8. HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 37548 (Emergency Rule): R414-509. Medicaid Autism Waiver Open Enrollment Process. SUMMARY OF THE RULE OR CHANGE: This amendment clarifies that children who are two years of age through six years of age are eligible to receive Medicaid services under the Autism Waiver if they meet other eligibility requirements. This change, therefore, extends eligibility for the waiver through six years of age. This amendment also makes other clarifications. (DAR NOTE: A corresponding proposed amendment is under DAR No. 37549 in this issue, May 15, 2013, of the Bulletin.) EMERGENCY RULE REASON AND JUSTIFICATION: REGULAR RULEMAKING PROCEDURES WOULD place the agency in violation of federal or state law. JUSTIFICATION: To clarify the intent of the Legislature and to comply with H.B. 272, the Department needs to file this rule to allow children six years of age to receive Medicaid services under the Autism Waiver if they meet other eligibility requirements. At this time, only children who are two years of age through five years of age are eligible under the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no impact to the state budget because this amendment neither creates new services nor eliminates current ones. All services are in accordance with legislative intent to allow children who are two years of age through six years of age to become eligible under the Autism Waiver, and are within appropriations approved by the 2012 Legislature. - LOCAL GOVERNMENTS: There is no impact to local governments because they neither fund nor provide Medicaid services to Medicaid recipients. - SMALL BUSINESSES: There is no impact to small businesses because this amendment neither creates new services nor eliminates current ones. All services are in accordance with legislative intent to allow children who are two years of age through six years of age to become eligible under the Autism Waiver, and are within appropriations approved by the 2012 Legislature. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no impact to Medicaid providers and to Medicaid recipients because this amendment neither creates new services nor eliminates current ones. All services are in accordance with legislative intent to allow children who are two years of age through six years of age to become eligible under the Autism Waiver, and are within appropriations previously approved by the 2012 Legislature. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single Medicaid provider or to a Medicaid recipient because this amendment neither creates new services nor eliminates current ones. All services are in accordance with legislative intent to allow children who are two years of age through six years of age to become eligible under the Autism Waiver, and are within appropriations approved by the 2012 Legislature. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This change will have no impact on business as it does not change the reimbursement for services. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 05/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37548.htm 6. 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. CAREER SERVICE REVIEW OFFICE ADMINISTRATION No. 37535 (5-year Review): R137-2. Government Records Access and Management Act. 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 essential because it enables the Career Service Review Office to manage requests for documents brought under GRAMA, codified at Title 63G, Chapter 2. This rule is necessary to assure that document requests are answered expeditiously and in compliance with GRAMA. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Akiko Kawamura by phone at 801-538-3047, by FAX at 801-538-3139, or by Internet E-mail at akawamura@utah.gov - Annette Morgan by phone at 801-538-3048, by FAX at 801-538-3139, or by Internet E-mail at amorgan@utah.gov EFFECTIVE: 04/23/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37535.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 37559 (5-year Review): R414-51. Dental, Orthodontia. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it sets forth eligibility and access requirements for the Orthodontia Program, and specifies service coverage and reimbursement methodology. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 04/30/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37559.htm No. 37580 (5-year Review): R414-52. Optometry Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The Department will continue this rule because it sets forth eligibility requirements, service coverage, and reimbursement methodology for providers and recipients of optometry services. DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov EFFECTIVE: 05/01/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37580.htm HUMAN SERVICES RECOVERY SERVICES No. 37550 (5-year Review): R527-920. Mandatory Disbursement to Obligee Through Electronic Funds Transfer. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because the statutes under which this rule is enacted are still in effect and the rule is reflected in current policy, practices, and procedures of the Office of Recovery Services/Child Support Services (ORS/CSS). The rule provides information as to when written information regarding electronic fund transfer options will be sent to an obligee on an ORS/CSS case. In addition, the rule provides an obligee with a time frame to provide a response as to his or her preferred method for receiving electronic payments and that ORS/CSS may enroll an obligee in a plan if no response is received. Lastly, the rule provides exceptions as to when mandatory disbursements through electronic funds transfer may be appropriate or approved. DIRECT QUESTIONS REGARDING THIS RULE TO: - Shancie Nance by phone at 801-536-8191, by FAX at 801-536-8509, or by Internet E-mail at snance@utah.gov EFFECTIVE: 04/29/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37550.htm PUBLIC SAFETY CRIMINAL INVESTIGATIONS AND TECHNICAL SERVICES, CRIMINAL IDENTIFICATION No. 37532 (5-year Review): R722-340. Emergency Vehicles. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: When property or human life is in jeopardy, and the the prompt summoning of aid is essential to the preservation of human life or property, it justifies the operator of a vehicle to exercise driving privileges allowed to emergency vehicles. This rule specifies how vehicles can be designated as "authorized emergency vehicles" to aid in emergency situations, and needs to be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Amy Lightfoot by phone at 801-718-7901, by FAX at 801-965-4608, or by Internet E-mail at alightfoot@utah.gov EFFECTIVE: 04/22/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37532.htm REGENTS (BOARD OF) ADMINISTRATION No. 37551 (5-year Review): R765-136. Language Proficiency in the Utah System of Higher Education. 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 since state law has not changed relative to the rule and the rule has served the Board of Regents well. DIRECT QUESTIONS REGARDING THIS RULE TO: - Courtney White by phone at 801-321-7241, by FAX at 801-321-7199, or by Internet E-mail at cwhite@utahsbr.edu EFFECTIVE: 04/29/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37551.htm No. 37552 (5-year Review): R765-254. Secure Area Hearing Rooms. 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 since state law has not changed relative to the rule and the rule has served the Board of Regents well. DIRECT QUESTIONS REGARDING THIS RULE TO: - Courtney White by phone at 801-321-7241, by FAX at 801-321-7199, or by Internet E-mail at cwhite@utahsbr.edu EFFECTIVE: 04/29/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37552.htm No. 37553 (5-year Review): R765-555. Policy on Colleges and Universities Providing Facilities, Goods and Services in Competition with Private Enterprise. 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 since state law has not changed relative to the rule and the rule has served the Board of Regents well. DIRECT QUESTIONS REGARDING THIS RULE TO: - Courtney White by phone at 801-321-7241, by FAX at 801-321-7199, or by Internet E-mail at cwhite@utahsbr.edu EFFECTIVE: 04/29/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37553.htm No. 37539 (5-year Review): R765-605. Utah Centennial Opportunity Program for Education. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Since this program is ongoing with participation and annual funding the continuation of this rule is required. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ronell Crossley by phone at 801-321-7291, by FAX at 801-321-7299, or by Internet E-mail at rcrossley@utahsbr.edu EFFECTIVE: 04/24/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37539.htm No. 37540 (5-year Review): R765-606. Utah Leveraging Educational Assistance Partnership 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 program is still a valid program though at the present not funded to the state. In the event future funding becomes available the requirements of this rule will need to be followed. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Ronell Crossley by phone at 801-321-7291, by FAX at 801-321-7299, or by Internet E-mail at rcrossley@utahsbr.edu EFFECTIVE: 04/24/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37540.htm WORKFORCE SERVICES UNEMPLOYMENT INSURANCE No. 37543 (5-year Review): R994-202. Employing Units. 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 necessary to define the terms found in the state statute so employers will understand which provisions might apply to various types of legal entitles. 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: 04/25/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37543.htm No. 37544 (5-year Review): R994-208. Wages. 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 expands on the definitions found in the statute without changing those terms. The rule is necessary to assist Department employees and the public in knowing what wages are used for determining unemployment benefits and contributions. 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: 04/25/2013 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2013/20130515/37544.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. ALCOHOLIC BEVERAGE CONTROL ADMINISTRATION No. 37365 (AMD): R81-2-12.Store Site Selection Published: 03/15/2013 Effective: 04/30/2013 No. 37367 (AMD): R81-4A-2.Application Published: 03/15/2013 Effective: 04/30/2013 No. 37368 (AMD): R81-4B-2.Application Published: 03/15/2013 Effective: 04/30/2013 No. 37369 (AMD): R81-4C-2.Application Published: 03/15/2013 Effective: 04/30/2013 No. 37370 (AMD): R81-4D-2.Application Published: 03/15/2013 Effective: 04/30/2013 No. 37371 (AMD): R81-4E-2.Application Published: 03/15/2013 Effective: 04/30/2013 No. 37372 (AMD): R81-4F-2.Application Published: 03/15/2013 Effective: 04/30/2013 No. 37373 (AMD): R81-5-2.Application Published: 03/15/2013 Effective: 04/30/2013 No. 37377 (AMD): R81-9-1.Application Published: 03/15/2013 Effective: 04/30/2013 No. 37374 (AMD): R81-10A-3.Application Published: 03/15/2013 Effective: 04/30/2013 No. 37375 (AMD): R81-10C-2.Application Published: 03/15/2013 Effective: 04/30/2013 No. 37376 (AMD): R81-10D-2.Application Published: 03/15/2013 Effective: 04/30/2013 No. 37378 (AMD): R81-11-1.Application Published: 03/15/2013 Effective: 04/30/2013 COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 37364 (AMD): R156-55a.Utah Construction Trades Licensing Act Rule Published: 03/15/2013 Effective: 04/22/2013 CRIME VICTIM REPARATIONS ADMINISTRATION No. 37380 (AMD): R270-1.Award and Reparation Standards Published: 03/15/2013 Effective: 04/22/2013 EDUCATION ADMINISTRATION No. 37355 (AMD): R277-101.Utah State Board of Education Procedures Published: 03/15/2013 Effective: 04/22/2013 No. 37356 (NEW): R277-113.LEA Fiscal Policies and Accountability Published: 03/15/2013 Effective: 04/22/2013 ENVIRONMENTAL QUALITY AIR QUALITY No. 36738 (CPR): R307-343.Emissions Standards for Wood Furniture Manufacturing Operations Published: 04/01/2013 Effective: 05/01/2013 No. 36738 (AMD): R307-343.Ozone Nonattainment and Maintenance Areas: Emissions Standards for Wood Furniture Manufacturing Operations Published: 10/01/2012 Effective: 05/01/2013 No. 36738 (CPR): R307-343.Ozone Nonattainment and Maintenance Areas: Emissions Standards for Wood Furniture Manufacturing Operations Published: 01/01/2013 Effective: 05/01/2013 No. 36735 (CPR): R307-353.Plastic Parts Coatings Published: 04/01/2013 Effective: 05/01/2013 No. 36735 (NEW): R307-353.Plastic Part Coatings Published: 10/01/2012 Effective: 05/01/2013 No. 36735 (CPR): R307-353.Plastic Parts Coatings Published: 01/01/2013 Effective: 05/01/2013 SOLID AND HAZARDOUS WASTE No. 37305 (AMD): R315-1.Utah Hazardous Waste Definitions and References Published: 03/01/2013 Effective: 04/25/2013 No. 37306 (AMD): R315-2.General Requirements - Identification and Listing of Hazardous Waste Published: 03/01/2013 Effective: 04/25/2013 No. 37307 (AMD): R315-3.Application and Permit Procedures for Hazardous Waste Treatment, Storage, and Disposal Facilities Published: 03/01/2013 Effective: 04/25/2013 No. 37308 (AMD): R315-4.Procedures for Decisionmaking Published: 03/01/2013 Effective: 04/25/2013 No. 37309 (AMD): R315-5.Hazardous Waste Generator Requirements Published: 03/01/2013 Effective: 04/25/2013 No. 37310 (AMD): R315-6.Hazardous Waste Transporter Requirements Published: 03/01/2013 Effective: 04/25/2013 No. 37311 (AMD): R315-7.Interim Status Requirements for Hazardous Waste Treatment, Storage, and Disposal Facilities Published: 03/01/2013 Effective: 04/25/2013 No. 37312 (AMD): R315-8.Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities Published: 03/01/2013 Effective: 04/25/2013 No. 37313 (AMD): R315-9.Emergency Controls Published: 03/01/2013 Effective: 04/25/2013 No. 37314 (AMD): R315-12.Administrative Procedures Published: 03/01/2013 Effective: 04/25/2013 No. 37315 (AMD): R315-13.Land Disposal Restrictions Published: 03/01/2013 Effective: 04/25/2013 No. 37317 (AMD): R315-16.Standards for Universal Waste Management Published: 03/01/2013 Effective: 04/25/2013 No. 37318 (AMD): R315-17.End of Life Automotive Mercury Switch Removal Standards Published: 03/01/2013 Effective: 04/25/2013 No. 37319 (AMD): R315-50-6.Representative Sampling Methods Published: 03/01/2013 Effective: 04/25/2013 No. 37320 (AMD): R315-101.Cleanup Action and Risk-Based Closure Standards Published: 03/01/2013 Effective: 04/25/2013 No. 37321 (AMD): R315-102.Penalty Policy Published: 03/01/2013 Effective: 04/25/2013 No. 37322 (AMD): R315-301.Solid Waste Authority, Definitions, and General Requirements Published: 03/01/2013 Effective: 04/25/2013 No. 37323 (AMD): R315-302.Solid Waste Facility Location Standards, General Facility Requirements, and Closure Requirements Published: 03/01/2013 Effective: 04/25/2013 No. 37324 (AMD): R315-303.Landfilling Standards Published: 03/01/2013 Effective: 04/25/2013 No. 37325 (AMD): R315-304.Industrial Solid Waste Landfill Requirements Published: 03/01/2013 Effective: 04/25/2013 No. 37326 (AMD): R315-305.Class IV and VI Landfill Requirements Published: 03/01/2013 Effective: 04/25/2013 No. 37327 (AMD): R315-306.Incinerator Standards Published: 03/01/2013 Effective: 04/25/2013 No. 37328 (AMD): R315-307-3.Standards for Maintenance and Operation Published: 03/01/2013 Effective: 04/25/2013 No. 37329 (AMD): R315-308.Ground Water Monitoring Requirements Published: 03/01/2013 Effective: 04/25/2013 No. 37330 (AMD): R315-309.Financial Assurance Published: 03/01/2013 Effective: 04/25/2013 No. 37331 (AMD): R315-310.Permit Requirements for Solid Waste Facilities Published: 03/01/2013 Effective: 04/25/2013 No. 37332 (AMD): R315-311.Permit Approval For Solid Waste Disposal, Waste Tire Storage, Energy Recovery, And Incinerator Facilities Published: 03/01/2013 Effective: 04/25/2013 No. 37333 (AMD): R315-312.Recycling and Composting Facility Standards Published: 03/01/2013 Effective: 04/25/2013 No. 37334 (AMD): R315-313-2.Transfer Station Standards Published: 03/01/2013 Effective: 04/25/2013 No. 37335 (AMD): R315-314.Facility Standards for Piles Used for Storage and Treatment Published: 03/01/2013 Effective: 04/25/2013 No. 37336 (AMD): R315-315.Special Waste Requirements Published: 03/01/2013 Effective: 04/25/2013 No. 37337 (AMD): R315-316.Infectious Waste Requirements Published: 03/01/2013 Effective: 04/25/2013 No. 37338 (AMD): R315-317.Other Processes, Variances, Violations, and Petition for Rule Change Published: 03/01/2013 Effective: 04/25/2013 No. 37339 (AMD): R315-318.Permit by Rule Published: 03/01/2013 Effective: 04/25/2013 No. 37340 (AMD): R315-320.Waste Tire Transporter and Recycler Requirements Published: 03/01/2013 Effective: 04/25/2013 GOVERNOR ECONOMIC DEVELOPMENT No. 37204 (REP): R357-2.Rural Broadband Service Fund Published: 02/01/2013 Effective: 05/01/2013 No. 37208 (AMD): R357-6.Technology and Life Science Economic Development and Related Tax Credits Published: 02/15/2013 Effective: 05/01/2013 No. 37207 (AMD): R357-9.Alternative Energy Development Tax Incentives Published: 02/15/2013 Effective: 05/01/2013 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 37301 (AMD): R414-303.Coverage Groups Published: 03/01/2013 Effective: 04/17/2013 FAMILY HEALTH AND PREPAREDNESS, LICENSING No. 37209 (AMD): R432-3.General Health Care Facility Rules Inspection and Enforcement Published: 02/15/2013 Effective: 04/24/2013 HUMAN SERVICES SERVICES FOR PEOPLE WITH DISABILITIES No. 37245 (AMD): R539-1-3.Definitions Published: 02/15/2013 Effective: 04/18/2013 NATURAL RESOURCES WILDLIFE RESOURCES No. 37225 (AMD): R657-12.Hunting and Fishing Accommodations for People with Disabilities Published: 02/15/2013 Effective: 04/23/2013 No. 37233 (AMD): R657-20.Falconry Published: 02/15/2013 Effective: 04/23/2013 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 . <>