Utah Emergency Rules in Effect

R657-20. Falconry

Tue, 12 Jan 2010 15:21:34 MST

No. 33314 (Emergency Rule): Rule R657-20. Falconry
SUMMARY: The proposed revisions to this rule make it consistent with new guidelines issued by the Federal Fish and Wildlife Service. (DAR NOTE: A corresponding proposed amendment is under DAR No. 33287 and was published in the January 15, 2010, issue of the Bulletin.)
JUSTIFICATION: The sport of falconry is regulated by both the federal government and the state. However, the federal government possess primary regulatory authority by virtue of the Migratory Bird Treaty Act and the Supremacy Clause of the United States Constitution. Historically, a person engaging in falconry had to obtain a federal and state permit authorizing the activity. On 01/01/2010, the United States Fish and Wildlife Service amended 50 CFR 21.29 authorizing Utah to administer falconry within its borders pursuant to federal regulations and eliminating the requirement of a federal permit. The current falconry rule (Rule R657-20) requires participants to obtain a federal permit and is not otherwise entirely consistent with the 01/01/2010 amendments to 50 CFR 21.29. Inasmuch as Rule R657-20 requires falconry participants to obtain a federal permit and 50 CFR 21.29 has eliminated that requirement, the current version of Rule R657-20 violates federal law. The changes amend Rule R657-20 to remove the requirement of a federal falconry permit and to otherwise bring it into compliance with the requirements of 50 CFR 21.29. Emergency rulemaking is necessary under Subsection 63G-3-304(1)(c) to harmonize Rule R657-20 with preemptive federal law.
PUBLISHED/TO BE PUBLISHED: 02/01/2010
CONTACT(S):
- Staci Coons by telephone at 801-538-4718, by FAX at 801-538-4709, or by E-mail at stacicoons@utah.gov
EFFECTIVE DATE: 01/12/2010
EFFECTIVE THROUGH: 05/12/2010 unless otherwise superseded.

R25-7-10. Reimbursement for Transportation

Tue, 15 Dec 2009 11:52:54 MST

No. 33275 (Emergency Rule): Section R25-7-10. Reimbursement for Transportation
SUMMARY: In Section R25-7-10, mileage reimbursement needs to be reduced from 50.5 cents a mile to 50 cents a mile.
JUSTIFICATION: IRS notification was not received in time to follow regular rulemaking process.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
CONTACT(S):
- Marilee Richins by telephone at 801-538-3450, by FAX at 801-538-3244, or by E-mail at mprichins@utah.gov
EFFECTIVE DATE: 01/01/2010
EFFECTIVE THROUGH: 05/01/2010 unless otherwise superseded.

R597-3. Judicial Performance Evaluations

Tue, 22 Dec 2009 14:11:55 MST

No. 33289 (Emergency Rule): Rule R597-3. Judicial Performance Evaluations
SUMMARY: The change defines the attorney survey period as running from January 1, 2008, through December 31, 2009. It also extends the survey period for other categories of respondents by one month, ending it on January 31, 2010.
JUSTIFICATION: The current rule states that the pilot programs must all be run and completed in 2009.
PUBLISHED/TO BE PUBLISHED: 01/15/2010
CONTACT(S):
- Joanne Slotnik by telephone at 801-538-1652, by FAX at 801-538-1024, or by E-mail at jslotnik@utah.gov
EFFECTIVE DATE: 12/22/2009
EFFECTIVE THROUGH: 04/21/2010 unless otherwise superseded.

R388-805. Ryan White Program

Thu, 22 Oct 2009 10:27:35 MST

No. 33085 (Emergency Rule): Rule R388-805. Ryan White Program
SUMMARY: In Subsection R388-805-6(2), reduce eligibility requirement from 400% of the FPL to 250% of the FPL. (DAR NOTE: A corresponding proposed amendment is under DAR No. 33086 in this issue, November 15, 2009, of the Bulletin.)
JUSTIFICATION: The Ryan White Program has a projected shortfall of approximately $375,000. As a strategy to make the budget balance, the FPL would need to be reduced to 250% which includes the dis-enrollment of clients utilizing the services the Program offers.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Jennifer Brown by telephone at 801-538-6131, by FAX at 801-538-9913, or by E-mail at jenniferbrown@utah.gov
EFFECTIVE DATE: 10/23/2009
EFFECTIVE THROUGH: 02/20/2010 unless otherwise superseded.