Utah Emergency Rules in Effect

R657-60. Aquatic Invasive Species Interdiction

Tue, 12 Aug 2008 10:44:14 -0700

No. 31805 (Emergency Rule): Rule R657-60. Aquatic Invasive Species Interdiction
SUMMARY: This rule sets the guidelines and regulations designed to prevent and control the spread of Dreissena mussels in Utah. This rule will supersede the emergency rule currently in place under DAR No. 31624. It will also add a body of water (Lake Granby, CO) to the list of infested waters. (DAR NOTE: A corresponding amendment to Rule R657-60 is under DAR No. 31897 that will be published in the September 15, 2008, issue of the Bulletin.)
JUSTIFICATION: Quagga and Zebra mussels are invasive aquatic wildlife species from the European continent. The two species became established in the Eastern United States a decade ago by transatlantic ocean liners taking on ballast water in European ports and then discharging the water in North American ports. Since then the species have spread throughout the Mississippi River basin causing millions of dollars in damage each year to hydroelectric facilities, heavy industry, irrigation companies, and wild fisheries. The mussels attach to solid objects in the water and colonize by building layer upon layer of shells. Their prolific reproduction and colonization characteristics plug water lines in reservoirs, hydroelectric plants, industrial facilities, boat engines, irrigation systems, etc. The mussels spread from one water to another primarily by attaching to boats. Last year, lower Colorado River reservoirs, such as Lake Mead and Lake Havasu, were found infested with Quagga mussels. Many recreationists that boat in these waters also boat in Utah waters which presents an imminent threat to Utah's industrial and agricultural infrastructure that uses and transports water through pipeline. S.B. 238 was passed into law during the 2008 General Legislative Session which makes it unlawful to transport a boat from an infested water without first decontaminating it and gives the state specialized interdiction tools to prevent the spread of the mussels into Utah waters. S.B. 238 charges the Division of Wildlife Resources (DWR) to promulgate administrative rules designating the waters that are considered infested for purposes of boat decontamination and to establish decontamination requirements and procedures. Without these regulatory components in rule, S.B. 238 is largely unenforceable. Given the recreational boat traffic between Lower Colorado River waters and Utah waters, the threat of Quagga mussels spreading to Utah is imminent without the rule's interdiction elements that give S.B. 238 traction to move forward and fulfill its purpose. Emergency rulemaking is necessary to effectively protect Utah waters from Quagga mussel infestation and the imminent peril infestation presents to public health, safety, and welfare. (DAR NOTE: S.B. 238 (2008) is found at Chapter 284, Laws of Utah 2008, and was effective 05/05/2008.)
PUBLISHED/TO BE PUBLISHED: 09/01/2008
CONTACT(S):
- Staci Coons, Rules Coordinator, by telephone at 801-538-4718, by FAX at 801-538-4709, or by E-mail at stacicoons@utah.gov
EFFECTIVE DATE: 08/13/2008
EFFECTIVE THROUGH: 12/11/2008 unless otherwise superseded.

R600-2-1. Business Hours

Wed, 30 Jul 2008 15:27:21 -0700

No. 31778 (Emergency Rule): Section R600-2-1. Business Hours
SUMMARY: Effective 08/04/2008, this rule establishes the Commission's business hours as 7 a.m. to 6 p.m., Monday through Thursday. The rule provides that the Commission will be closed Friday through Sunday and on state-approved holidays. The proposed rule also provides that documents, including fax transmissions, received after business hours will be deemed to have been filed on the next business day.
JUSTIFICATION: The Labor Commission adjudicates disputes arising under Utah's Workers' Compensation Act, Occupational Safety and Health Act, Employment Discrimination Act, Fair Housing Act, and Payment of Wages Act. The Commission's adjudicative functions are generally subject to the Utah Administrative Procedures Act and specific procedural requirements contained within the foregoing statutes. Also, with respect to the Commission's adjudication of complaints of occupational safety and health, employment discrimination, and housing discrimination, the Commission has entered into cooperative agreements with the federal Department of Labor, Department of Housing and Urban Development and E.E.O.C. that also require the Commission to follow adjudicative standards that include a right of appeal. Under both state and (as applicable) federal law, the Commission is required to accept appeals of its adjudicative decisions within a specified time period - usually 30 days. However, if the last day of the filing period falls on a weekend or holiday, the filing period is extended until the next business day. Under existing regulations, Friday is not considered part of the weekend. Consequently, if the 30th day of a party's appeal period falls on Friday, the party must file the appeal with the Commission on that day or be foreclosed from pursuing the appeal. Effective 08/04/2008, the Labor Commission will no longer be open to accept the filing of appeals on Fridays. Unless the Commission immediately changes its existing regulation so as to designate Friday as a non-business day, parties will be deprived of their full 30-day appeal period, in violation of the above-listed statutes.
PUBLISHED/TO BE PUBLISHED: 08/15/2008
CONTACT(S):
- Alan Hennebold, Deputy Commissioner/General Counsel, by telephone at 801-530-6937, by FAX at 801-530-6390, or by E-mail at ahennebold@utah.gov
EFFECTIVE DATE: 08/04/2008
EFFECTIVE THROUGH: 12/02/2008 unless otherwise superseded.

R23-22. General Procedures For Acquisition and Selling of Real Property

Mon, 23 Jun 2008 17:05:20 -0700

No. 31607 (Emergency Rule): Rule R23-22. General Procedures For Acquisition and Selling of Real Property
SUMMARY: H.B. 354, 2008 General Session, requires procedures be defined for the acquisition and selling of real property. This is to ensure that the value is congruent with the proposed price and other terms of this purchase, sale, or exchange. This rule defines these procedures. (DAR NOTES: H.B. 354 (2008) is found at Chapter 203, Laws of Utah 2008, and was effective 05/05/2008. A corresponding proposed new Rule R23-22 is under DAR No. 31606 in this issue, July 15, 2008, of the Bulletin.)
JUSTIFICATION: H.B. 354 requires rules be established for the Division of Facilities Construction and Management (DFCM) real estate transactions. The bill went into effect on 05/05/2008. DFCM was advised by the Division of Administrative Rules that prior to DFCM being able to sell, purchase, or exchange real property, that it needed to establish rules implementing this statute. As there are required transactions pending, it is necessary that this rule be in effect immediately.
PUBLISHED/TO BE PUBLISHED: 07/15/2008
CONTACT(S):
- Priscilla Anderson, Secretary, by telephone at 801-538-9595, by FAX at 801-538-3378, or by E-mail at phanderson@utah.gov
EFFECTIVE DATE: 06/25/2008
EFFECTIVE THROUGH: 10/23/2008 unless otherwise superseded.

R512-500. Kinship Services

Wed, 18 Jun 2008 09:07:08 -0700

No. 31589 (Emergency Rule): Rule R512-500. Kinship Services
SUMMARY: This rule replaces the previous rule, and establishes standards for kinship placement for a child who is in Child and Family Services custody, including Preliminary Placement, evaluation of kinship caregiver capacity for ongoing care, and background screening. (DAR NOTE: A corresponding proposed repeal and reenactment for Rule R512-500 is under DAR No. 31590 in this issue, July 15, 2008, of the Bulletin.)
JUSTIFICATION: H.B. 36 passed during the 2008 legislative session became effective on 03/13/2008. This emergency filing is needed to bring the agency into compliance with state law.
PUBLISHED/TO BE PUBLISHED: 07/15/2008
CONTACT(S):
- Carol Miller, Program Support Specialist, by telephone at 801-538-4451, by FAX at 801-538-3993, or by E-mail at CAROLMILLER@utah.gov
EFFECTIVE DATE: 06/18/2008
EFFECTIVE THROUGH: 10/16/2008 unless otherwise superseded.

R539-15. Time-Limited Respite Care Program

Thu, 19 Jun 2008 09:39:14 -0700

No. 31594 (Emergency Rule): Rule R539-15. Time-Limited Respite Care Program
SUMMARY: The rule provides the standards and procedures to establish a Time-Limited Respite Care Program for Persons on the Division Waiting List. (DAR NOTE: A corresponding proposed new Rule R539-15 is under DAR No. 31593 in this issue, July 15, 2008, of the Bulletin.)
JUSTIFICATION: The Legislature appropriated funds for this program only for fiscal year 2009 with the expectation that the funds would be spent for services beginning 07/01/2008.
PUBLISHED/TO BE PUBLISHED: 07/15/2008
CONTACT(S):
- Steven Bradford, Technical Writer, by telephone at 801-538-4197, by FAX at 801-538-4279, or by E-mail at sbradford@utah.gov
EFFECTIVE DATE: 07/01/2008
EFFECTIVE THROUGH: 10/29/2008 unless otherwise superseded.

R602-4. Procedures for Termination of Temporary Total Disability Compensation Pursuant to Reemployment under Section 34A-2-410.5

Mon, 30 Jun 2008 16:41:22 -0700

No. 31643 (Emergency Rule): Rule R602-4. Procedures for Termination of Temporary Total Disability Compensation Pursuant to Reemployment under Section 34A-2-410.5
SUMMARY: The rule defines terms and establishes the process by which employers or insurance carriers can institute proceedings to request permission to terminate or reduce temporary disability compensation. The rule establishes alternative methods by which the employer or insurance carrier can notify the injured worker of proceedings to terminate or reduce benefits. The rule also establishes standards for discovery, hearings, and decisions. In particular, the rule implements Section 34A-2-410.5's requirement that administrative law judges issue decisions in these cases within 45 days after the employer or insurance carrier has filed its request with the Labor Commission.
JUSTIFICATION: H.B. 384 creates a new right for employers and insurance carriers to assert that certain disability benefits should be terminated to injured employees who have been guilty of work-related misconduct. The statute requires the Labor Commission to adopt such procedural and adjudicative standards as are necessary to implement these new proceedings.
PUBLISHED/TO BE PUBLISHED: 07/15/2008
CONTACT(S):
- Richard Lajeunesse, Director and ALJ, by telephone at 801-536-7928, by FAX at 801-530-6333, or by E-mail at rlajeunesse@utah.gov
EFFECTIVE DATE: 07/01/2008
EFFECTIVE THROUGH: 10/29/2008 unless otherwise superseded.

R657-60. Aquatic Invasive Species Interdiction

Thu, 26 Jun 2008 10:12:28 -0700

No. 31624 (Emergency Rule): Rule R657-60. Aquatic Invasive Species Interdiction
SUMMARY: This rule sets the guidelines and regulations designed to prevent and control the spread of Dreissena mussels in Utah. (DAR NOTE: A corresponding proposed new Rule R657-60 is under DAR No. 31623 in this issue, July 15, 2008, of the Bulletin.)
JUSTIFICATION: Dreissena mussels, specifically Quagga and Zebra mussels, are invasive aquatic wildlife species from the European continent. The two species became established in the Eastern United States a decade ago by transatlantic ocean liners taking on ballast water in European ports and then discharging the water in North American ports. Since then the species have spread throughout the Mississippi River basin causing millions of dollars in damage each year to hydroelectric facilities, heavy industry, irrigation companies, and wild fisheries. The mussels attach to solid objects in the water and colonize by building layer upon layer of shells. Their prolific reproduction and colonization characteristics plug water lines in reservoirs, hydroelectric plants, industrial facilities, boat engines, irrigation systems, etc. The mussels spread from one water to another primarily by attaching to boats. Last year, lower Colorado River reservoirs, such as Lake Mead and Lake Havasu, were found infested with Quagga mussels. Many recreationists that boat in these waters also boat in Utah waters which presents an imminent threat to Utah's industrial and agricultural infrastructure that uses and transports water through pipeline. S.B. 238 was passed into law during the 2008 General Legislative Session which makes it unlawful to transport a boat from an infested water without first decontaminating it and gives the state specialized interdiction tools to prevent the spread of the mussels into Utah waters. S.B. 238 charges the Division of Wildlife Resources (DWR) to promulgate administrative rules designating the waters that are considered infested for purposes of boat decontamination and to establish decontamination requirements and procedures. Without these regulatory components in rule, S.B. 238 is largely unenforceable. Given the recreational boat traffic between Lower Colorado River waters and Utah waters, the threat of Quagga mussels spreading to Utah is imminent without the rule's interdiction elements that give S.B. 238 traction to move forward and fulfill its purpose. Emergency rulemaking is necessary to effectively protect Utah waters from Quagga mussel infestation and the imminent peril infestation presents to public health, safety, and welfare. (DAR NOTE: S.B. 238 (2008) is found at Chapter 284, Laws of Utah 2008, and was effective 05/05/2008.)
PUBLISHED/TO BE PUBLISHED: 07/15/2008
CONTACT(S):
- Staci Coons, Rules Coordinator, by telephone at 801-538-4718, by FAX at 801-538-4709, or by E-mail at stacicoons@utah.gov
EFFECTIVE DATE: 06/27/2008
EFFECTIVE THROUGH: 10/25/2008 unless otherwise superseded.

R657-59. Private Fish Ponds

Thu, 26 Jun 2008 10:23:55 -0700

No. 31625 (Emergency Rule): Rule R657-59. Private Fish Ponds
SUMMARY: This rule provides the standards and procedures for private fishponds. (DAR NOTE: A corresponding proposed new Rule R657-59 is under DAR No. 31612 in this issue, July 15, 2008, of the Bulletin.)
JUSTIFICATION: H.B. 148 eliminated the requirement of a certificate of registration (COR) for private fish ponds to receive and maintain privately-owned aquatic animals provided the pond and aquatic animals satisfy the criteria established by the Wildlife Board in rule. H.B 148 became effective on 05/05/2008 and charged the Division of Wildlife Resources (DWR) and the Wildlife Board to promulgate an administrative rule to: 1) establish pond screening requirements; 2) define geographic areas where privately-owned aquatic animals may be stocked in private fish ponds without first obtaining a COR; and 3) delineate species, strain, and reproductive capability of aquatic animals that may be stocked in defined areas without a COR. The rule took considerable effort and time to create and is represented in the Private Fish Pond rule submitted herewith for emergency rulemaking. Without emergency rulemaking and immediate implementation of the rule, public welfare will be placed in imminent peril and DWR will be in violation of H.B. 148. The earliest possible effective date for the rule under traditional rulemaking is 08/21/2008. The aquaculture industry has produced fish and solicited private pond customers for delivery in early summer. The aquaculture industry did not anticipate rulemaking to be so protracted. The ideal time to stock salmonid fish is early summer while water temperatures are cooler and private pond owners anxious to receive fish for summer fishing activities. By late August, the demand for fish will have dissipated greatly leaving aquaculture facilities with product they cannot sell. This will cause a significant economic impact on aquaculture facilities that may imperil fiscal viability. This impact presents an immediate threat to public welfare. The bill eliminated the requirement of a COR for private fish ponds under specified circumstances. The bill remains effective but without application until the rule is in place. This creates confusion for the public with an increased possibility of constructing ponds and stocking fish in violation of criteria defined in the rule. DWR will then be caught between the mandates of H.B. 148 and the pending rule waiting to become effective. Public confusion on private pond regulations will likely result in illicit fish stocking in areas of the state that present an imminent threat to sensitive and endangered species of native aquatic wildlife. Hybridization, competition, and predation with non-native fish are frequently the primary contributing factors leading to native fish population declines. Extirpation and extinction of native fish species is harmful to public welfare, as is native species listing under the Endangered Species Act. (DAR NOTE: H.B. 148 (2008) is found at Chapter 69, Laws of Utah 2008, and was effective 05/05/2008.)
PUBLISHED/TO BE PUBLISHED: 07/15/2008
CONTACT(S):
- Staci Coons, Rules Coordinator, by telephone at 801-538-4718, by FAX at 801-538-4709, or by E-mail at stacicoons@utah.gov
EFFECTIVE DATE: 06/27/2008
EFFECTIVE THROUGH: 10/25/2008 unless otherwise superseded.

R25-14. Payment of Attorneys' Fees in Death Penalty Cases

Thu, 01 May 2008 17:03:05 -0700

No. 31363 (Emergency Rule): Rule R25-14. Payment of Attorneys' Fees in Death Penalty Cases
SUMMARY: The requirement of a submission of written approval from the court certifying that fees and expenses were reasonable. The maximum compensation rate was increased from $100 per hour to $125 per hour, not to exceed $60,000.
JUSTIFICATION: The amended Section 78B-9-202 increasing attorney compensation will become law on 05/05/2008.
PUBLISHED/TO BE PUBLISHED: 05/15/2008
CONTACT(S):
- Marilee Richins, Technical Writer, by telephone at 801-538-3450, by FAX at 801-538-3244, or by E-mail at MPRICHINS@utah.gov
EFFECTIVE DATE: 05/05/2008
EFFECTIVE THROUGH: 09/02/2008 unless otherwise superseded.