Utah Administrative Rules Open for Public Comment

R25-10. State Entities' Posting of Financial Information to the Utah Public Finance Website

Sun, 15 Nov 2009 08:00:00 MST

No. 33101 (New Rule): Rule R25-10. State Entities' Posting of Financial Information to the Utah Public Finance Website
SUMMARY: A description of revenue, expense, and employee compensation data required from state entities is defined as well as procedures and requirements for data submission.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Marilee Richins by telephone at 801-538-3450, by FAX at 801-538-3244, or by E-mail at mprichins@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R68-7. Utah Pesticide Control Act

Sun, 15 Nov 2009 08:00:00 MST

No. 33080 (Amendment): Rule R68-7. Utah Pesticide Control Act
SUMMARY: The change is made to encourage private pesticide applicators to obtain pesticide training and licensure by eliminating specific examination requirements. Increased pesticide training and reduction in pesticide examination requirements will help farmers in tough economic times while maintaining the integrity of the program.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Kathleen Mathews by telephone at 801-538-7103, by FAX at 801-538-7126, or by E-mail at kmathews@utah.gov
- Clark Burgess by telephone at 801-538-9929, by FAX at 801-538-7126, or by E-mail at cburgess@utah.gov
- Clair Allen by telephone at 801-538-7180, by FAX at 801-538-7189, or by E-mail at clairallen@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R70-101. Bedding, Upholstered Furniture and Quilted Clothing

Sun, 15 Nov 2009 08:00:00 MST

No. 33074 (Amendment): Rule R70-101. Bedding, Upholstered Furniture and Quilted Clothing
SUMMARY: There are grammatical housekeeping changes. A reference change as the National Association of Bedding and Law Officials changed to an International Association several years ago (IABFLO), and minor description clarifications to create consistency from one section to another within the rule.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Michelle Jack by telephone at 801-538-7151, by FAX at 801-538-4949, or by E-mail at mjack@utah.gov
- Richard Clark by telephone at 801-538-7150, by FAX at 801-538-7126, or by E-mail at richardwclark@utah.gov
- Kathleen Mathews by telephone at 801-538-7103, by FAX at 801-538-7126, or by E-mail at kmathews@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/07/2010

R156-1-305. Inactive Licensure

Sun, 15 Nov 2009 08:00:00 MST

No. 33067 (Amendment): Section R156-1-305. Inactive Licensure
SUMMARY: The professions of professional engineer, professional land surveyor, and professional structural engineer are being added to the listing of licenses that may be placed on inactive status.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Dennis Meservy by telephone at 801-530-6375, by FAX at 801-530-6511, or by E-mail at dmeservy@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R156-22. Professional Engineers and Professional Land Surveyors Licensing Act Rule

Sun, 15 Nov 2009 08:00:00 MST

No. 33079 (Amendment): Rule R156-22. Professional Engineers and Professional Land Surveyors Licensing Act Rule
SUMMARY: In Subsection R156-22-102(5), the definition of "incidental practice" is being updated to restrict incidental work to an occupant load of 49 and prohibits work on occupancy category III or IV structures as defined by the 2006 International Building Code. Additionally, incidental work would be limited to 15 percent of the overall construction value of a project. Subsection R156-22-102(7)(c)(i) is amended to change a two or four-year degree to an associate or higher education degree in land surveying to allow master and doctorate degrees; a similar change is also made in Subsection R156-22-302b(2). As provided in Subsection R156-22-302c(4)(a)(i)(B), effective 01/01/2010, a college degree in land surveying will be required to obtain licensure. As a result, the wording which allows for licensure with no college degree and eight years of land surveying experience is being deleted. Also, throughout the rule, the name of the NCEES Principles and Practice of Surveying Examination and the NCEES Fundamentals of Surveying Examination have been updated and the Center for Professional Engineering Services (CPEES) is being changed to National Council of Examiners for Engineering and Surveying (NCEES) Credentials Evaluations. In Section R156-22-302b, added that education requirements also apply to professional structural engineer applicants for licensure. Also added Subsection R156-22-302b(2)(c) which requires land surveying college degrees have regional accreditation. In Subsections R156-22-302c(1)(a) and (b), additions are made to clarify that one year of work experience is established as 2,000 hours and no more than 2,000 hours of work experience can be claimed in any 12-month period. The remaining subsections have been renumbered. In Subsection R156-22-302c(3)(a)(iii), proposed additions establish and clarify waiting periods between each test failure on the Utah Land Surveyor Local Practice Examination. For the first three test failures, there is a waiting period of 30 days. After the first three failures, there is a six-month waiting period between each test failure. Testing data that is overexposed may result in an ineffective testing process. There is also the perception that multiple testing may allow unqualified individuals to become licensed. In Section R156-22-304, the two-year continuing education reporting period is being changed from December 31 of each even numbered year to March 31 of each odd numbered year to coincide with the renewal date for the profession. Subsection R156-22-304(7) is being deleted and Subsection R156-22-304(9) is being added to clarify how continuing education may be waived by the Division. Section R156-22-305 regarding inactive licensure status is rewritten to allow any licensee to place a license on inactive status as long as the license is active and in good standing at the time of the request for inactive licensure status. Section R156-22-501 regarding administrative penalties is being deleted and moved to the new Section R156-22-503.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Dennis Meservy by telephone at 801-530-6375, by FAX at 801-530-6511, or by E-mail at dmeservy@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R156-42a. Occupational Therapy Practice Act Rule

Sun, 15 Nov 2009 08:00:00 MST

No. 33092 (Amendment): Rule R156-42a. Occupational Therapy Practice Act Rule
SUMMARY: Throughout the rule, statutory and rule citations have been updated as needed. Subsection R156-42a-502(4) is being added to define as unprofessional conduct the violation of any provision of the American Occupational Therapy Association Code of Ethics, April 2005 edition.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Rich Oborn by telephone at 801-530-6767, by FAX at 801-530-6511, or by E-mail at roborn@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R156-61. Psychologist Licensing Act Rule

Sun, 15 Nov 2009 08:00:00 MST

No. 33115 (Amendment): Rule R156-61. Psychologist Licensing Act Rule
SUMMARY: Throughout the rule, statutory and rule citations have been updated as needed, the term "division" and "board" have been capitalized where applicable and other stylistic corrections have been made. In Subsection R156-61-302b(1), the proposed amendment authorizes the Division, in collaboration with the Board, to make exceptions to the requirement that the experience requirement be met within four years after awarding of a doctoral degree. Exceptions are made only under extenuating circumstances as determined by the Division and Board. In Section R156-61-302h, the proposed amendments replace the term "qualified continuing education" and "professional continuing education" with the term "continuing education" to allow for consistency throughout the rule.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Rich Oborn by telephone at 801-530-6767, by FAX at 801-530-6511, or by E-mail at roborn@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R305-5. Health Reform -- Health Insurance Coverage in DEQ State Contracts -- Implementation

Sun, 15 Nov 2009 08:00:00 MST

No. 33102 (New Rule): Rule R305-5. Health Reform -- Health Insurance Coverage in DEQ State Contracts -- Implementation
SUMMARY: This rule is required by H.B. 331. It implements the statute and defines requirements, procedures, and penalties for implementation of Section 19-1-206. To the extent provided by the statute, contractors and subcontractors entering into a state contract must provide health insurance coverage for their employees that work in the State of Utah.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Laura Lockhart by telephone at 801-366-0283, by FAX at 801-366-0292, or by E-mail at llockhart@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/23/2009

R343-2. Mortgage Lenders, Brokers and Servicers Fees

Sun, 15 Nov 2009 08:00:00 MST

No. 33094 (New Rule): Rule R343-2. Mortgage Lenders, Brokers and Servicers Fees
SUMMARY: The proposed new rule sets an annual renewal fee and examination fees to be paid to the commissioner.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Paul Allred by telephone at 801-538-8854, by FAX at 801-538-8894, or by E-mail at pallred@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R343-3. Mortgage Lenders, Brokers and Servicers Definitions

Sun, 15 Nov 2009 08:00:00 MST

No. 33095 (New Rule): Rule R343-3. Mortgage Lenders, Brokers and Servicers Definitions
SUMMARY: This rule provides definitions that apply to mortgage lenders, brokers, or servicers who engage in the business of mortgage lending, brokering, or servicing and are required to license with the commissioner.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Paul Allred by telephone at 801-538-8854, by FAX at 801-538-8894, or by E-mail at pallred@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R343-4. Application Forms and Procedures for Mortgage Lenders

Sun, 15 Nov 2009 08:00:00 MST

No. 33096 (New Rule): Rule R343-4. Application Forms and Procedures for Mortgage Lenders
SUMMARY: This rule prescribes license application form specifications, contents, and procedures for submitting the application.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Paul Allred by telephone at 801-538-8854, by FAX at 801-538-8894, or by E-mail at pallred@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R343-5. Mortgage Loan Originator Surety Bond Requirements

Sun, 15 Nov 2009 08:00:00 MST

No. 33097 (New Rule): Rule R343-5. Mortgage Loan Originator Surety Bond Requirements
SUMMARY: This rule applies to mortgage loan originators who are required to license with the department under Title 70D and establishes surety bond requirements for licensees.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Paul Allred by telephone at 801-538-8854, by FAX at 801-538-8894, or by E-mail at pallred@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R343-6. Mortgage Loan Originator Challenge of Nationwide Database Information

Sun, 15 Nov 2009 08:00:00 MST

No. 33098 (New Rule): Rule R343-6. Mortgage Loan Originator Challenge of Nationwide Database Information
SUMMARY: A mortgage loan originator or applicant may challenge the factual accuracy of information entered by the department into the nationwide database. This rule establishes the procedure to challenge that information.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Paul Allred by telephone at 801-538-8854, by FAX at 801-538-8894, or by E-mail at pallred@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R343-7. Mortgage Loan Originator Education and Written Test Requirements

Sun, 15 Nov 2009 08:00:00 MST

No. 33099 (New Rule): Rule R343-7. Mortgage Loan Originator Education and Written Test Requirements
SUMMARY: An applicant must satisfy pre-licensing education and written testing requirements to be eligible to apply for a mortgage loan originator license under Title 70D. This rule establishes these requirements.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Paul Allred by telephone at 801-538-8854, by FAX at 801-538-8894, or by E-mail at pallred@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R343-8. Mortgage Loan Originator Record Requirements and Reports of Condition

Sun, 15 Nov 2009 08:00:00 MST

No. 33100 (New Rule): Rule R343-8. Mortgage Loan Originator Record Requirements and Reports of Condition
SUMMARY: A mortgage loan originator required to be licensed under Title 70D is required to create records related to the underwriting, valuation of collateral, or extension of credit for a mortgage loan. This rule establishes these requirements.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Paul Allred by telephone at 801-538-8854, by FAX at 801-538-8894, or by E-mail at pallred@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R356-1. Procedures for the Calculation and Distribution of Funds to Reimburse County Correctional Facilities Housing State Probationary Inmates or State Parole Inmates

Sun, 15 Nov 2009 08:00:00 MST

No. 33073 (New Rule): Rule R356-1. Procedures for the Calculation and Distribution of Funds to Reimburse County Correctional Facilities Housing State Probationary Inmates or State Parole Inmates
SUMMARY: Prior to the passage of H.B 220 in the 2009 General Session, the Department of Corrections was responsible to administer the Jail Reimbursement Program and establish the conditions and procedures for payment to county correctional facilities for housing state probationary or state parole inmates. The new rule establishes the Commission of Criminal and Juvenile Justice (CCJJ) as the responsible agency to administer the Jail Reimbursement Program and establishes the conditions and procedures for payment to county correctional facilities for housing state probationary inmates or state parole inmates. The new rule also establishes the change requiring the Department of Corrections to make the payment to the counties to requiring the Division of Finance to make the payment.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- David Loden by telephone at 801-538-1057, by FAX at 801-538-1024, or by E-mail at dloden@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/07/2010

R388-805. Ryan White Program

Sun, 15 Nov 2009 08:00:00 MST

No. 33086 (Amendment): Rule R388-805. Ryan White Program
SUMMARY: In Subsection R388-805-6(2), reduces eligibility requirement from 400% of the FPL to 250% of the FPL. (DAR NOTE: A corresponding 120-day (emergency) rule that is effective as of 10/23/2009 is under DAR No. 33085 in this issue, November 15, 2009, of the Bulletin.)
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
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R392-303. Public Geothermal Pools and Bathing Places

Sun, 15 Nov 2009 08:00:00 MST

No. 33076 (Amendment): Rule R392-303. Public Geothermal Pools and Bathing Places
SUMMARY: The amendments require Department of Health approval of any treatment process for geothermal water rather than Local Heath Officer approval. The amendments clarify the requirement for an operator to post a recommended restriction for bathers using geothermal water that exceeds EPA standards rather than implement a restriction. The amendments make the operator responsible to alter flow rates, bather loads, or both if bacteriological water quality standards cannot be met. The rule now allows the Local Health Officer to require the alteration. The amendments allow a pool that is operated with disinfection, circulation, and filtration to operate without flow-through of geothermal water. The amendments allow temperatures to be measured by the operator manually rather than with a fixed thermometer and allow alternative methods of flow measurement besides a fixed flow indicator. The amendments reduce the number of bacteriological samples required from two to one per month and make a clarification to allay a concern of pool operators that the Local Health Officer might require them to sample their pools excessively often. The amendments clarify the allowed methods for cooling geothermal water before it enters a pool. They also simply state the allowance of a temperature drift in a geothermal pool under certain circumstances rather than allowing a Local Health Officer to permit the temperature drift. The amendments change allowance by the Local Health Officer of record-keeping frequency from altering the frequency to only allowing a reduction of frequency. The amendments remove criminal penalties from the rule and increase civil penalties from $5,000 to $10,000. The amendments exempt pools less than 3,000 gallons from color requirements. The amendments exempt pools that are operated with recirculation from flow-through requirements and require pools that are disinfected to meet the same bacteriological requirements in Rule R392-302.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Ronald Marsden by telephone at 801-538-6191, by FAX at 801-538-6564, or by E-mail at rmarsden@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R392-600-6. Confirmation Sampling and Decontamination Standards

Sun, 15 Nov 2009 08:00:00 MST

No. 33126 (Amendment): Section R392-600-6. Confirmation Sampling and Decontamination Standards
SUMMARY: Raising the methamphetamine decontamination standard from 0.1 mg/100c m2 to 1.0 mg/100 cm2 in Subsection R392-600-6(2). The proposed standard is based on several health studies conducted in collaboration with the National Jewish Medical Center examining the health effects of methamphetamine exposure in a home.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Christina McNaughton by telephone at 801-538-6191, by FAX at 801-538-6564, or by E-mail at cmcnaugh@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R398-2-7. Penalty for Violation of Rule

Sun, 15 Nov 2009 08:00:00 MST

No. 33134 (Amendment): Section R398-2-7. Penalty for Violation of Rule
SUMMARY: The reference to criminal penalties for violating this rule is removed.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Richard Harward by telephone at 801-584-8529, by FAX at 801-584-8492, or by E-mail at rharward@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 03/15/2010

R414-1-5. Incorporations by Reference

Sun, 15 Nov 2009 08:00:00 MST

No. 33127 (Amendment): Section R414-1-5. Incorporations by Reference
SUMMARY: Subsection R414-1-5(2) is changed to update the incorporation of the State Plan by reference effective 01/01/2010. It also incorporates State Plan Amendments that become effective no later than 01/01/2010. The change further incorporates by reference the Medical Supplies Manual and List and the hospital services provider manual, effective 01/01/2010.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Craig Devashrayee by telephone at 801-538-6641, by FAX at 801-538-6099, or by E-mail at cdevashrayee@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R414-59-4. Client Eligibility Requirements

Sun, 15 Nov 2009 08:00:00 MST

No. 33129 (Amendment): Section R414-59-4. Client Eligibility Requirements
SUMMARY: This change incorporates by reference the Audiology Services Provider Manual, effective 01/01/2010.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Craig Devashrayee by telephone at 801-538-6641, by FAX at 801-538-6099, or by E-mail at cdevashrayee@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R414-54-3. Services

Sun, 15 Nov 2009 08:00:00 MST

No. 33130 (Amendment): Section R414-54-3. Services
SUMMARY: This change incorporates by reference the Speech-Language Services Provider Manual, effective 01/01/2010.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Craig Devashrayee by telephone at 801-538-6641, by FAX at 801-538-6099, or by E-mail at cdevashrayee@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R414-305. Resources

Sun, 15 Nov 2009 08:00:00 MST

No. 33132 (Amendment): Rule R414-305. Resources
SUMMARY: This change increases the resource limit for Medicare cost sharing programs to match the limit used for the Medicare Part D Low-Income Drug Subsidy program. The new limit is three times the limit used for the Supplemental Security Income program, plus annual increases due to increases in the Consumer Price Index.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Craig Devashrayee by telephone at 801-538-6641, by FAX at 801-538-6099, or by E-mail at cdevashrayee@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R414-308-3. Application and Signature

Sun, 15 Nov 2009 08:00:00 MST

No. 33133 (Amendment): Section R414-308-3. Application and Signature
SUMMARY: This change requires the state to accept data transmitted from Social Security from low-income subsidy applicants. It also defines the application date for such applications, the application processing period, and how the agency will treat a request for Medicaid from the applicant.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Craig Devashrayee by telephone at 801-538-6641, by FAX at 801-538-6099, or by E-mail at cdevashrayee@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R426-14-301. Application, Department Review, and Issuance

Sun, 15 Nov 2009 08:00:00 MST

No. 33125 (Amendment): Section R426-14-301. Application, Department Review, and Issuance
SUMMARY: Subsection R426-14-301(6) is added to permit local governments to request changes to licenses issued through the request for proposal process to be modified during the four-year renewal period.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Guy Dansie by telephone at 801-273-6671, by FAX at 801-273-4165, or by E-mail at gdansie@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/23/2009

R430-70. Out of School Time Child Care Programs

Sun, 15 Nov 2009 08:00:00 MST

No. 33082 (Amendment): Rule R430-70. Out of School Time Child Care Programs
SUMMARY: This change reduces the number of sinks and toilets required in out of school time child care programs. It also clarifies a contradiction in the existing rule for training of new providers. It also adds a requirement that programs have a policy in place for children's safety when using the Internet, and clarifies the requirement to clean and sanitize child sleeping equipment.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Teresa Whiting by telephone at 801-538-6320, by FAX at 801-538-6325, or by E-mail at twhiting@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/01/2010

R430-6-4. Criminal Background Screening

Sun, 15 Nov 2009 08:00:00 MST

No. 33083 (Amendment): Section R430-6-4. Criminal Background Screening
SUMMARY: This change clarifies that not all DUI convictions result in a person being ineligible to provide licensed child care. Only a Misdemeanor A conviction, which means a conviction which involved transporting a minor while driving under the influence, or inflicting bodily injury to another while driving under the influence, would make a person ineligible to provide licensed child care. This was the recommendation of the Child Care Licensing Advisory Committee when this rule was revised.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Teresa Whiting by telephone at 801-538-6320, by FAX at 801-538-6325, or by E-mail at twhiting@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/01/2010

R430-8. Exemptions From Child Care Licensing

Sun, 15 Nov 2009 08:00:00 MST

No. 33084 (Amendment): Rule R430-8. Exemptions From Child Care Licensing
SUMMARY: This change clarifies that a license is not required if a person only provides child care on one or two days per week, and that a voluntary license is available to most programs who are exempt under this rule.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Teresa Whiting by telephone at 801-538-6320, by FAX at 801-538-6325, or by E-mail at twhiting@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/01/2010

R432-10-8. Penalties

Sun, 15 Nov 2009 08:00:00 MST

No. 33119 (Amendment): Section R432-10-8. Penalties
SUMMARY: The first rule change will include an increase from the previous maximum of $5,000 to $10,000. The second change will change the wording of "Bureau of Licensing" to "licensing agency".
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Carmen Richins by telephone at 801-538-9087, by FAX at 801-538-6024, or by E-mail at carmenrichins@utah.gov
- Joel Hoffman by telephone at 801-538-6279, by FAX at 801-538-6024, or by E-mail at jhoffman@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R432-11-7. Penalties

Sun, 15 Nov 2009 08:00:00 MST

No. 33120 (Amendment): Section R432-11-7. Penalties
SUMMARY: The first rule change will include an increase from the previous maximum of $5,000 to $10,000. The second change will change the wording of "Bureau of Licensing" to "licensing agency".
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Carmen Richins by telephone at 801-538-9087, by FAX at 801-538-6024, or by E-mail at carmenrichins@utah.gov
- Joel Hoffman by telephone at 801-538-6279, by FAX at 801-538-6024, or by E-mail at jhoffman@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R432-12-25. Penalties

Sun, 15 Nov 2009 08:00:00 MST

No. 33121 (Amendment): Section R432-12-25. Penalties
SUMMARY: The first rule change will include an increase from the previous maximum of $5,000 to $10,000. The second change will change the wording of "Bureau of Licensing" to "licensing agency".
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Carmen Richins by telephone at 801-538-9087, by FAX at 801-538-6024, or by E-mail at carmenrichins@utah.gov
- Joel Hoffman by telephone at 801-538-6279, by FAX at 801-538-6024, or by E-mail at jhoffman@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R432-13-8. Penalties

Sun, 15 Nov 2009 08:00:00 MST

No. 33122 (Amendment): Section R432-13-8. Penalties
SUMMARY: The first rule change will include an increase from the previous maximum of $5,000 to $10,000. The second change will change the wording of "Bureau of Licensing" to "licensing agency".
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Carmen Richins by telephone at 801-538-9087, by FAX at 801-538-6024, or by E-mail at carmenrichins@utah.gov
- Joel Hoffman by telephone at 801-538-6279, by FAX at 801-538-6024, or by E-mail at jhoffman@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R432-14-6. Penalties

Sun, 15 Nov 2009 08:00:00 MST

No. 33123 (Amendment): Section R432-14-6. Penalties
SUMMARY: The first rule change will include an increase from the previous maximum of $5,000 to $10,000. The second change will change the wording of "Bureau of Licensing" to "licensing agency".
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Carmen Richins by telephone at 801-538-9087, by FAX at 801-538-6024, or by E-mail at carmenrichins@utah.gov
- Joel Hoffman by telephone at 801-538-6279, by FAX at 801-538-6024, or by E-mail at jhoffman@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R432-16-16. Penalties

Sun, 15 Nov 2009 08:00:00 MST

No. 33118 (Amendment): Section R432-16-16. Penalties
SUMMARY: The first rule change will include an increase from the previous maximum of $5,000 to $10,000. The second change will change the wording of "Bureau of Licensing" to "licensing agency".
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Carmen Richins by telephone at 801-538-9087, by FAX at 801-538-6024, or by E-mail at carmenrichins@utah.gov
- Joel Hoffman by telephone at 801-538-6279, by FAX at 801-538-6024, or by E-mail at jhoffman@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R432-700-30. Home Health - Personal Care Service Agency

Sun, 15 Nov 2009 08:00:00 MST

No. 33135 (Amendment): Section R432-700-30. Home Health - Personal Care Service Agency
SUMMARY: The language for the requirement to complete an assessment is changed to clarify that only clients receiving "personal care services" are required to have an assessment.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Carmen Richins by telephone at 801-538-9087, by FAX at 801-538-6024, or by E-mail at carmenrichins@utah.gov
- Joel Hoffman by telephone at 801-538-6279, by FAX at 801-538-6024, or by E-mail at jhoffman@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R432-35-8. Penalties

Sun, 15 Nov 2009 08:00:00 MST

No. 33136 (Amendment): Section R432-35-8. Penalties
SUMMARY: The wording in the background screening rule is amended to include the appropriate citation to Title 26, Chapter 23 Utah Health Code Enforcement Provisions, and also to increase the limits for civil money penalties per H.B. 32 (2009).
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Carmen Richins by telephone at 801-538-9087, by FAX at 801-538-6024, or by E-mail at carmenrichins@utah.gov
- Joel Hoffman by telephone at 801-538-6279, by FAX at 801-538-6024, or by E-mail at jhoffman@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R432-3. General Health Care Facility Rules Inspection and Enforcement

Sun, 15 Nov 2009 08:00:00 MST

No. 33137 (Amendment): Rule R432-3. General Health Care Facility Rules Inspection and Enforcement
SUMMARY: The first rule change will change the word "shall" to "may", to direct the Department's inspection duties from annually to a non-specified time frame. The second rule change will add the provision of a civil money penalty to the section of rule outlining sanction actions that can be taken for non-compliant providers. This change will also include an increase from the previous maximum of $5,000 to $10,000. The third change will remove Section R432-3-9 from the rule that referred to agreements between the two bureaus that have been combined since 2004. These no longer apply.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Carmen Richins by telephone at 801-538-9087, by FAX at 801-538-6024, or by E-mail at carmenrichins@utah.gov
- Joel Hoffman by telephone at 801-538-6279, by FAX at 801-538-6024, or by E-mail at jhoffman@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R438-12-2. Authorized Individual - Qualifications

Sun, 15 Nov 2009 08:00:00 MST

No. 33087 (Amendment): Section R438-12-2. Authorized Individual - Qualifications
SUMMARY: At Subsection R438-12-2(2), the phrase "under the guidance of a physician" will be eliminated. The State Motor Vehicle Code citation is changed to Subsection 41-6a-523. This change also shortens the rule title to "Rule for Law Enforcement Blood Draws".
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- David Mendenhall by telephone at 801-538-9370, by FAX at 801-538-9373, or by E-mail at davidmendenhall@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R708-6. Renewal By Mail

Sun, 15 Nov 2009 08:00:00 MST

No. 33106 (Repeal): Rule R708-6. Renewal By Mail
SUMMARY: Effective 01/01/2010, it will be necessary to appear in person to renew your Utah license certificate. All persons will be required to provide acceptable documentation. There will be no need for the renewal by mail program for the five-year rotation period. Therefore, this rule is repealed in its entirety.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Marge Dalton by telephone at 801-965-4456, by FAX at 801-957-8502, or by E-mail at modalton@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R708-45. Exception for Renewal or Duplicate License for a Utah Resident Temporarily Residing Out of State

Sun, 15 Nov 2009 08:00:00 MST

No. 33110 (New Rule): Rule R708-45. Exception for Renewal or Duplicate License for a Utah Resident Temporarily Residing Out of State
SUMMARY: This rule is being established in response to S. B. 40 (2009 General Session) which deleted language that allowed the division to issue a renewal or duplicate license without a photo to an applicant not living in the state. This rule will outline the process for the division to issue a renewal or duplicate license to an individual who is a Utah resident but temporarily residing out of state providing the applicant has a digitized photo on file. (DAR NOTE: S.B. 40 (2009) is found at Chapter 315, Laws of Utah 2009, and will be effective 01/01/2010.)
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Marge Dalton by telephone at 801-965-4456, by FAX at 801-957-8502, or by E-mail at modalton@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R865-9I-17. Time for Withholding Tax Returns and Payment of Withholding Taxes Pursuant to Utah Code Ann. Sections 59-10-406 and 59-10-407

Sun, 15 Nov 2009 08:00:00 MST

No. 33113 (Amendment): Section R865-9I-17. Time for Withholding Tax Returns and Payment of Withholding Taxes Pursuant to Utah Code Ann. Sections 59-10-406 and 59-10-407
SUMMARY: The amendment provides, in accordance with H.B. 71, that required payments made on a monthly basis are prepayments of the quarterly return; modifies the criteria for employers to file an annual withholding return with the commission so that the employers who file annual federal withholding returns will file annual state withholding returns.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Pam Hendrickson by telephone at 801-297-3907, by FAX at 801-297-3901, or by E-mail at pamh@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R873-22M-27. Issuance of Special Group License Plates Pursuant to to Utah Code Ann. Sections 41-1a-418, 41-1a-419, 41-1a-420, and 41-1a-21

Sun, 15 Nov 2009 08:00:00 MST

No. 33111 (Amendment): Section R873-22M-27. Issuance of Special Group License Plates Pursuant to to Utah Code Ann. Sections 41-1a-418, 41-1a-419, 41-1a-420, and 41-1a-21
SUMMARY: The proposed amendment provides the new numbering scheme for special group license plates, other than personalized special group license plates.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Pam Hendrickson by telephone at 801-297-3907, by FAX at 801-297-3901, or by E-mail at pamh@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R884-24P-53. 2009 Valuation Guides for Valuation of Land Subject to the Farmland Assessment Act Pursuant to Utah Code Ann. Section 59-2-515

Sun, 15 Nov 2009 08:00:00 MST

No. 33128 (Amendment): Section R884-24P-53. 2009 Valuation Guides for Valuation of Land Subject to the Farmland Assessment Act Pursuant to Utah Code Ann. Section 59-2-515
SUMMARY: Section 59-2-515 authorizes the State Tax Commission to promulgate rules regarding the Property Tax Act, Part 5, "Farmland Assessment Act". Section 59-2-514 authorizes the State Tax Commission to receive valuation recommendations from the State Farmland Advisory Committee for implementation as outlined in Section R884-24P-53.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Pam Hendrickson by telephone at 801-297-3907, by FAX at 801-297-3901, or by E-mail at pamh@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R895-10. Standards, Best Practices, and Institutional Knowledge Requirements for Executive Branch Agencies

Sun, 15 Nov 2009 08:00:00 MST

No. 33104 (Repeal): Rule R895-10. Standards, Best Practices, and Institutional Knowledge Requirements for Executive Branch Agencies
SUMMARY: DTS will repeal Rule R895-10 in its entirety due to a duplication of efforts of the IT Council and other councils formed by DTS.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Stephanie Weiss by telephone at 801-538-3284, by FAX at 801-538-3622, or by E-mail at stweiss@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R909-19. Safety Regulations for Tow Truck Operations - Tow Truck Requirements for Equipment, Operation and Certification

Sun, 15 Nov 2009 08:00:00 MST

No. 33131 (Amendment): Rule R909-19. Safety Regulations for Tow Truck Operations - Tow Truck Requirements for Equipment, Operation and Certification
SUMMARY: The amendment would increase the maximum non-consent non-police generated towing rates to match the non-consent police generated towing rates, and increase the maximum administrative fee that may be charged for entry of towed vehicle data in a government database, and make various grammatical corrections and stylistic changes.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Maureen Short by telephone at 801-965-4026, by FAX at 801-965-4338, or by E-mail at maureenshort@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R994-106-104. Determining the Paying State

Sun, 15 Nov 2009 08:00:00 MST

No. 33114 (Amendment): Section R994-106-104. Determining the Paying State
SUMMARY: The Department of Labor changed the way the paying state is determined in combined wage claims (CWC). Now a claimant determines the paying state and provided the claimant is eligible, unemployment benefits are paid by that state according to that state's rules. This proposed amendment brings Utah into compliance with the federal guidance.
PUBLISHED/TO BE PUBLISHED: 11/15/2009
CONTACT(S):
- Suzan Pixton by telephone at 801-526-9645, by FAX at 801-526-9211, or by E-mail at spixton@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R81-1-3. General Policies

Sun, 01 Nov 2009 08:00:00 MST

No. 33023 (Amendment): Section R81-1-3. General Policies
SUMMARY: Subsection R81-1-3(5), as written, lays out very strict guidelines that the department must follow before an applicant, licensee, or permittee may be assigned "cash only" status. The rule is unforgiving and offers no flexibility for department staff to consider circumstances that may be unique to an individual applicant, licensee, or permittee. The Commission is recommending that the rule be amended to allow department staff the authority to determine when an applicant, licensee, or permittee should be placed on or removed from "cash only" status based on reasonable business standards. The recommended language is much simpler and more straightforward than the language in the current rule.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- Sharon Mackay by telephone at 801-977-6800, by FAX at 801-977-6889, or by E-mail at smackay@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2009

R156-79. Hunting Guides and Outfitters Licensing Act Rule

Sun, 01 Nov 2009 08:00:00 MST

No. 33065 (Amendment): Rule R156-79. Hunting Guides and Outfitters Licensing Act Rule
SUMMARY: In Subsection R156-79-102(2), the American Heart Association is being added as an additional provider of first aid/cardiopulmonary resuscitation (CPR) courses. Subsection R156-79-302d(1)(d) is amended to reduce the number of conviction of misdemeanors from three to one or more involving wildlife violations. In Subsections R156-79-302d(1)(f) and (g), minor wording changes are made. In Section R156-79-303, the renewal cycle is updated from one year to two years as provided in the governing statute. Subsection R156-79-502(14) is updated with respect to general liability insurance coverage required by the United States Forest Service or the Bureau of Land Management. In Sections R156-79-601 and R156-79-602, in addition to the American Heart Association amendments being added, these two sections are amended to remove the 30 days of basic instruction requirement and give the Board the responsibility of approving the training programs for the hunting guide and outfitter programs. Also, the training requirements of orienteering and map reading are being added. Section R156-79-701 is being deleted as it is inappropriate and has created confusion in the outfitter and hunting guide industry.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- Clyde Ormond by telephone at 801-530-6254, by FAX at 801-530-6511, or by E-mail at cormond@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2009

R156-3a. Architect Licensing Act Rule

Sun, 01 Nov 2009 08:00:00 MST

No. 33030 (Amendment): Rule R156-3a. Architect Licensing Act Rule
SUMMARY: In Subsection R156-3a-102(6), the definition of "incidental practice" is being updated to restrict incidental work to an occupant load of 49 and prohibits work on occupancy category III or IV structures as defined by the 2006 International Building Code. Additionally, incidental work would be limited to 15 percent of the overall construction value of a project. In Section R156-3a-304, the two-year continuing education reporting period is being changed from December 31 of each odd numbered year to March 31 of each even numbered year to coincide with the renewal date for the profession. Also, an outdated provision in Subsection R156-3a-304(1)(a) that pertains to the initial implementation of continuing education is being deleted. In Section R156-3a-305, rule citations are being updated. Subsection R156-3a-502(5) is being added to define as unprofessional conduct the failing as a supervising architect to verify work experience when so requested to do so.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- Dennis Meservy by telephone at 801-530-6375, by FAX at 801-530-6511, or by E-mail at dmeservy@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2009

R156-55c. Construction Trades Licensing Act Plumber Licensing Rule

Sun, 01 Nov 2009 08:00:00 MST

No. 33029 (Amendment): Rule R156-55c. Construction Trades Licensing Act Plumber Licensing Rule
SUMMARY: In Subsection R156-55c-302b(5)(a), the amendment identifies bodies that can approve formal plumbing educational programs. In Section R156-55c-303, rule citations are updated.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- Dennis Meservy by telephone at 801-530-6375, by FAX at 801-530-6511, or by E-mail at dmeservy@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2009

R162-3-6. Renewal and Reinstatement

Sun, 01 Nov 2009 08:00:00 MST

No. 33057 (Amendment): Section R162-3-6. Renewal and Reinstatement
SUMMARY: The word "non-duplicative" is added to the sections that outline the number of continuing education hours that are required to renew a license.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- Jennie Jonsson by telephone at 801-530-6706, by FAX at 801-526-4387, or by E-mail at jjonsson@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2009

R277-613. School District and Charter School Bullying and Hazing Policies and Training

Sun, 01 Nov 2009 08:00:00 MST

No. 33053 (New Rule): Rule R277-613. School District and Charter School Bullying and Hazing Policies and Training
SUMMARY: The new rule provides definitions, Utah State Board of Education responsibilities, local school district and charter school responsibilities, training by school districts and charter schools specific to participants in public school athletic programs and school clubs, and professional responsibilities of employee and volunteer coaches.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- Carol Lear by telephone at 801-538-7835, by FAX at 801-538-7768, or by E-mail at carol.lear@schools.utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2009

R277-750. Education Programs for Students with Disabilities

Sun, 01 Nov 2009 08:00:00 MST

No. 33054 (Amendment): Rule R277-750. Education Programs for Students with Disabilities
SUMMARY: The changes provide updated and corrected dates and citations and remove outdated language.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- Carol Lear by telephone at 801-538-7835, by FAX at 801-538-7768, or by E-mail at carol.lear@schools.utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2009

R277-800. Administration of the Utah School for the Deaf and the Utah School for the Blind

Sun, 01 Nov 2009 08:00:00 MST

No. 33055 (Repeal and Reenact): Rule R277-800. Administration of the Utah School for the Deaf and the Utah School for the Blind
SUMMARY: The changes include: 1) the definitions in the repealed rule were limited. Definitions in the reenacted rule are much more extensive and define terms used in H.B. 296 including a new definition of "Advisory Council" (instead of "Institutional Council"), a new definition of "Assessment," a definition of "Child Find" consistent with the Individuals with Disabilities Education Act (IDEA), a new definition of "Designated LEA (local education agency)" (to determine the local education agency primarily responsible for providing services to an eligible student), a new definition for "Hearing impairment/deafness" and for "Visual impairment" (including blindness), and other new and required definitions; 2) the reenacted rule includes new and more specific provisions for the Utah Schools for the Deaf and the Blind (USDB) Advisory Council. The repealed rule had provisions for an Institutional Council; 3) the reenacted rule provides criteria for the determination of a student-designated LEA. There was no requirement or discussion for a designated LEA in the repealed rule; 4) the reenacted rule explains USDB programs and student eligibility for those programs and for outreach services provided by USDB. The repealed rule did not adequately explain USDB programs or student eligibility criteria; 5) the reenacted rule explains USDB fiscal procedures. The repealed rule did not provide information about USDB and LEA's joint responsibilities and fiscal eligibility; and 6) the reenacted rule provides information about the Utah State Instructional Materials Access Center (USIMAC) and availability of materials for students from USIMAC. The repealed rule had no discussion of USIMAC or its resources.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- Carol Lear by telephone at 801-538-7835, by FAX at 801-538-7768, or by E-mail at carol.lear@schools.utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2009

R277-516. Education Employee Required Reports of Arrests and Required Background Check Policies for Non-licensed Employees

Sun, 01 Nov 2009 08:00:00 MST

No. 33052 (Amendment): Rule R277-516. Education Employee Required Reports of Arrests and Required Background Check Policies for Non-licensed Employees
SUMMARY: The amended rule provides new definitions and changes the language to clarify the process for USOE responsibility for review of arrest/conviction information for licensed educators.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- Carol Lear by telephone at 801-538-7835, by FAX at 801-538-7768, or by E-mail at carol.lear@schools.utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2009

R426-13. Emergency Medical Services Provider Designations

Sun, 01 Nov 2009 08:00:00 MST

No. 33025 (Amendment): Rule R426-13. Emergency Medical Services Provider Designations
SUMMARY: The reference to the Emergency Medical Dispatch Center is removed as redundant in Section R426-13-200. Reference to sufficient staff in Subsection R426-13-500(5) is removed as unclear. Facilities need to have a certified dispatcher at all times under the current rule. Acronym EMD spelled out as Emergency Medical Dispatch or Dispatcher. Reference to obsolete criminal penalties removed.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- Guy Dansie by telephone at 801-273-6671, by FAX at 801-273-4165, or by E-mail at gdansie@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2009

R510-401. Utah Caregiver Support Program

Sun, 01 Nov 2009 08:00:00 MST

No. 33027 (Repeal and Reenact): Rule R510-401. Utah Caregiver Support Program
SUMMARY: While the content of the rule is not dramatically different, service levels, allowable costs and other limits to the program have been updated to reflect updates. Rather than major content changes, the structure of the rule has been changed and has been regrouped and reorganized making a regular marked-up copy difficult to follow. Updates have been made with regard to to services to grandparents, ages of potential clients, coordination with other services, and general updates.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- Nels Holmgren by telephone at 801-538-3921, by FAX at 801-538-4395, or by E-mail at nholmgren@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2009

R523-1. Procedures

Sun, 01 Nov 2009 08:00:00 MST

No. 33038 (Amendment): Rule R523-1. Procedures
SUMMARY: This amendment: 1) deletes all references to the Board of Substance Abuse and Mental Health, and replaces those references with The Division of Substance Abuse and Mental Health where appropriate; 2) adds Authority and Purpose sections; 3) deletes redundant program standard sections; 4) deletes the Private Practice section; 5) updates the ten mandated services to be provided by local mental health authorities; 6) adds a funding formula for distribution of substance abuse treatment and prevention funds; 7) deletes the Rural Mental Health Scholarship and Grants subsection; 8) adds a Distribution of Fee-On-Fine (DUI) Funds section; and 9) adds a 20% Match Required to Be County Tax Revenue section.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- Thom Dunford by telephone at 801-538-4519, by FAX at 801-538-9892, or by E-mail at tdunford@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R523-20. Division Rules of Administration

Sun, 01 Nov 2009 08:00:00 MST

No. 33039 (Amendment): Rule R523-20. Division Rules of Administration
SUMMARY: This amendment: 1) adds an authority section; 2) adds a purpose section; 3) deletes the Allocation of Substance Abuse Purchase-of-Service Money, which is being moved to Section R523-1-15; 4) deletes the Training Priorities and Responsibilities section permanently; 5) deletes the Research/Evaluation Priorities and Responsibilities section permanently; 6) deletes the Competition - Contracting/Subcontracting section permanently; 7) deletes the Maintenance of Effort section permanently; 8) deletes the Distribution of Fee-On-Fine (DUI) Funds, which is being moved to Section R523-1-24; 9) deletes the 20% Match Required to Be County Tax Revenue, which is being moved to Section R523-1-25; and 10) makes technical changes to numbering.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- Thom Dunford by telephone at 801-538-4519, by FAX at 801-538-9892, or by E-mail at tdunford@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2009

R597-3. Judicial Performance Evaluations

Sun, 01 Nov 2009 08:00:00 MST

No. 33062 (Amendment): Rule R597-3. Judicial Performance Evaluations
SUMMARY: The amendment changes the time line for attorney and juror surveys for the 2012 retention election so that these surveys are on the same time line as the litigant, witness, and court staff surveys. The amendment also changes the procedures for distributing, collecting, and disseminating the results of the juror surveys.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- Joanne Slotnik by telephone at 801-538-1652, by FAX at 801-538-1024, or by E-mail at jslotnik@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2009

R612-4-2. Premium Rates for the Uninsured Employers' Fund and the Employers' Reinsurance Fund

Sun, 01 Nov 2009 08:00:00 MST

No. 33064 (Amendment): Section R612-4-2. Premium Rates for the Uninsured Employers' Fund and the Employers' Reinsurance Fund
SUMMARY: The proposed amendment lowers that portion of the workers' compensation insurance premium assessment used to fund the ERF from 5% for 2009 to 3.5% for 2010, and the portion used to fund the UEF from 0.25% to 0.05%. The amendment also removes an unnecessary reference to the assessment for the Workplace Safety Account.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- Larry Bunkall by telephone at 801-530-6988, by FAX at 801-530-6844, or by E-mail at lbunkall@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/01/2010

R612-8. Procedural Guidelines for the Reemployment Act

Sun, 01 Nov 2009 08:00:00 MST

No. 33063 (Repeal and Reenact): Rule R612-8. Procedural Guidelines for the Reemployment Act
SUMMARY: The Commission's existing rule R612-8 is repealed and replaced with a new rule. The new rule explains the rule's purpose and the Commission's authority to promulgate the rule. It also references applicable definitions from the Injured Worker Reemployment Act. The rule authorizes and describes the forms insurers or employers must use to satisfy their reporting requirements under the Act. Finally, the rule references the statutory penalties that may be imposed for failure to comply with the Act's quarterly reporting requirements and defines the nature of administrative proceedings that may be used to resolve disputes under the Act.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- Larry Bunkall by telephone at 801-530-6988, by FAX at 801-530-6844, or by E-mail at lbunkall@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2009

R614-2-11. Drilling Industry - Walking, Working Surfaces

Sun, 01 Nov 2009 08:00:00 MST

No. 33061 (Amendment): Section R614-2-11. Drilling Industry - Walking, Working Surfaces
SUMMARY: The proposed amendment changes the height that triggers the requirement for guarding of openings from 6 feet to 4 feet.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- Louis Silva by telephone at 801-530-6872, by FAX at 801-538-6390, or by E-mail at lsilva@utah.gov
- William Adams by telephone at 801-530-6897, by FAX at 801-530-7606, or by E-mail at wadams@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2009

R655-16. Administrative Procedures for Declaring Beneficial Use Limitations for Supplemental Water Rights

Sun, 01 Nov 2009 08:00:00 MST

No. 33066 (New Rule): Rule R655-16. Administrative Procedures for Declaring Beneficial Use Limitations for Supplemental Water Rights
SUMMARY: This rule provides for a "Declaration of Individual Beneficial Use Amounts" form to enable water right holders to declare beneficial use information and document agreement with that declaration by those with supplemental water rights. The rule provides conditions under which a water user may petition the state engineer for assistance in apportioning beneficial use among water rights in a water use group. The rule formalizes the procedure the state engineer will follow in the apportioning beneficial use among water rights in a water use group.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- Kaelyn Anfinsen by telephone at 801-538-7370, by FAX at 801-538-7442, or by E-mail at kaelynanfinsen@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2009

R657-58. Fishing Contests and Clinics

Sun, 01 Nov 2009 08:00:00 MST

No. 33041 (Amendment): Rule R657-58. Fishing Contests and Clinics
SUMMARY: This proposed amendment will: 1) add criteria for "Type I fishing contest" to include the number of boats allowed and the monetary amount that can be awarded; 2) add the protocol for decontaminating vessels to reduce the spread of invasive mussels; 3) adds Scofield Reservoir as a Type I fishing location for rainbow trout only; and 4) re-orders the tagged fish bodies of water to be listed alphabetically.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- Staci Coons by telephone at 801-538-4718, by FAX at 801-538-4709, or by E-mail at stacicoons@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2009

R657-13. Taking Fish and Crayfish

Sun, 01 Nov 2009 08:00:00 MST

No. 33042 (Amendment): Rule R657-13. Taking Fish and Crayfish
SUMMARY: The proposed revision to the above listed rule amends Section R657-13-9, Underwater Spearfishing, to clarify the hours fish can be taken with spearfishing tackle.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- Staci Coons by telephone at 801-538-4718, by FAX at 801-538-4709, or by E-mail at stacicoons@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2009

R708-41. Requirements for Acceptable Documentation

Sun, 01 Nov 2009 08:00:00 MST

No. 33056 (Repeal and Reenact): Rule R708-41. Requirements for Acceptable Documentation
SUMMARY: Some acceptable forms of documentation that had been approved in the old rule are being removed. All other substantive provisions of the old rule will remain. Substantive provisions that are being added by the new rule include: 1) requiring individuals who are citizens to prove their U. S. citizenship; 2) requiring individuals who are in the country temporarily to prove their legal presence; and 3) adding other types of acceptable documentation.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- Jill Laws by telephone at 801-964-4469, by FAX at 801-964-4482, or by E-mail at jlaws@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2009

R861-1A-36. Signatures Defined Pursuant to Utah Code Ann. Sections 41-1a-209, 59-10-512, 59-12-107, 59-13-206, 59-13-107

Sun, 01 Nov 2009 08:00:00 MST

No. 33047 (Amendment): Section R861-1A-36. Signatures Defined Pursuant to Utah Code Ann. Sections 41-1a-209, 59-10-512, 59-12-107, 59-13-206, 59-13-107
SUMMARY: The proposed amendment indicates that taxpayers who file a tax return under the Individual Income Tax Act electronically and meet IRS signature requirements are deemed to meet Utah signature requirements; and taxpayers who file a corporate return electronically and meet IRS signature requirements are deemed to meet Utah signature requirements; repeals reference to Tax Express which is no longer in operation.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- D'Arcy Dixon by telephone at 801-297-3906, by FAX at 801-297-3901, or by E-mail at ddixon@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2009

R865-20T-14. Directory of Cigarettes Approved for Stamping Pursuant to Utah Code Ann. Sections 59-14-603 and 59-14-607

Sun, 01 Nov 2009 08:00:00 MST

No. 33044 (Amendment): Section R865-20T-14. Directory of Cigarettes Approved for Stamping Pursuant to Utah Code Ann. Sections 59-14-603 and 59-14-607
SUMMARY: The proposed section provides that the directory of cigarettes approved for stamping shall be updated on the first business day of each month, and that additions or modifications shall be made to the directory on the next scheduled update after 30 days notice to the commission.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- D'Arcy Dixon by telephone at 801-297-3906, by FAX at 801-297-3901, or by E-mail at ddixon@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2009

R865-12L-14. Quarterly List of Local Sales and Use Tax Distributions Pursuant to Utah Code Ann. Section 59-12-109

Sun, 01 Nov 2009 08:00:00 MST

No. 33048 (Amendment): Section R865-12L-14. Quarterly List of Local Sales and Use Tax Distributions Pursuant to Utah Code Ann. Section 59-12-109
SUMMARY: The proposed rule defines "extraordinary circumstances" as certain errors that impact sales tax distribution to a locality by $10,000 or more; provides that a notice of redistribution will be sent only if a locality is impacted $1,000 or more by a redistribution.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- D'Arcy Dixon by telephone at 801-297-3906, by FAX at 801-297-3901, or by E-mail at ddixon@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/10/2009

R873-22M-41. Issuance of Salvage Certificate in Certain Circumstances Pursuant to Utah Code Ann. Section 41-1a-1005

Sun, 01 Nov 2009 08:00:00 MST

No. 33050 (Amendment): Section R873-22M-41. Issuance of Salvage Certificate in Certain Circumstances Pursuant to Utah Code Ann. Section 41-1a-1005
SUMMARY: The proposed amendment clarifies that when an insurance company applies to the commission to receive a salvage certificate for a vehicle for which the owner of the salvage vehicle does not provide title for the vehicle to the insurance company, or provides an improperly endorsed title, the insurance company must provide evidence to the commission that the letters sent requesting information from the vehicle's registered owner were also sent to any lienholder of the salvage vehicle.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- D'Arcy Dixon by telephone at 801-297-3906, by FAX at 801-297-3901, or by E-mail at ddixon@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/10/2009

R877-23V-6. Issuance of In-Transit Permits Pursuant to Utah Code Ann. Section 41-3-305

Sun, 01 Nov 2009 08:00:00 MST

No. 33046 (Amendment): Section R877-23V-6. Issuance of In-Transit Permits Pursuant to Utah Code Ann. Section 41-3-305
SUMMARY: The proposed amendment provides criteria for the issuance of 96-hour in-transit permits to entities in the business of auctioning motor vehicles.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- D'Arcy Dixon by telephone at 801-297-3906, by FAX at 801-297-3901, or by E-mail at ddixon@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2009

R884-24P-52. Criteria for Determining Primary Residence Pursuant to Utah Code Ann. Sections 59-2-102, 59-2-103, and 59-2-103.5

Sun, 01 Nov 2009 08:00:00 MST

No. 33043 (Amendment): Section R884-24P-52. Criteria for Determining Primary Residence Pursuant to Utah Code Ann. Sections 59-2-102, 59-2-103, and 59-2-103.5
SUMMARY: The proposed amendment replaces the incorrect statutory citation for the definition of "household" with the correct statutory citation; clarifies an additional exception to the rule that the residential exemption is limited to one primary residence per household.
PUBLISHED/TO BE PUBLISHED: 11/01/2009
CONTACT(S):
- D'Arcy Dixon by telephone at 801-297-3906, by FAX at 801-297-3901, or by E-mail at ddixon@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2009

R162-6-1. Improper Practices

Thu, 15 Oct 2009 08:00:00 MST

No. 33003 (Amendment): Section R162-6-1. Improper Practices
SUMMARY: This change increases the value limit for a token gift from $50 to $150.
PUBLISHED/TO BE PUBLISHED: 10/15/2009
CONTACT(S):
- Jennie Jonsson by telephone at 801-530-6706, by FAX at 801-526-4387, or by E-mail at jjonsson@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 11/23/2009

R164-4-9. Exemptions From Licensing Requirements for Certain Investment Advisers

Thu, 15 Oct 2009 08:00:00 MST

No. 33006 (Amendment): Section R164-4-9. Exemptions From Licensing Requirements for Certain Investment Advisers
SUMMARY: The rule codifies exemptions from the licensing requirements for certain investment advisers who meet the criteria set forth in the rule.
PUBLISHED/TO BE PUBLISHED: 10/15/2009
CONTACT(S):
- Keith Woodwell by telephone at 801-530-6606, by FAX at 801-530-6980, or by E-mail at kwoodwell@utah.gov
- Charles Lyons by telephone at 801-530-6940, by FAX at 801-530-6980, or by E-mail at clyons@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 11/23/2009

R164-9. Registration by Coordination

Thu, 15 Oct 2009 08:00:00 MST

No. 33010 (Amendment): Rule R164-9. Registration by Coordination
SUMMARY: H.B. 78 extended the waiting period for the effectiveness of a Registration by Coordination to 20 days from 10 days (see Subsection 61-1-9(3)(b)). This amendment updates all applicable references to reflect the new effectiveness period.
PUBLISHED/TO BE PUBLISHED: 10/15/2009
CONTACT(S):
- Benjamin Johnson by telephone at 801-530-6134, by FAX at 801-530-6980, or by E-mail at bnjohnson@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/01/2009

R164-10-2. Registration Statements

Thu, 15 Oct 2009 08:00:00 MST

No. 33011 (Amendment): Section R164-10-2. Registration Statements
SUMMARY: This amendment modifies Subsections R164-10-2(K)(3)(a) and (b) of the rule to update the acronym "NASD" to "FINRA".
PUBLISHED/TO BE PUBLISHED: 10/15/2009
CONTACT(S):
- Benjamin Johnson by telephone at 801-530-6134, by FAX at 801-530-6980, or by E-mail at bnjohnson@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/01/2009

R164-11-1. General Registration Provisions

Thu, 15 Oct 2009 08:00:00 MST

No. 33012 (Amendment): Section R164-11-1. General Registration Provisions
SUMMARY: The amendment modifies Subsection R164-11-1(A)(1) of the rule to reflect H.B. 78's repeal of Section 61-1-8 (Registration by Notification).
PUBLISHED/TO BE PUBLISHED: 10/15/2009
CONTACT(S):
- Benjamin Johnson by telephone at 801-530-6134, by FAX at 801-530-6980, or by E-mail at bnjohnson@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/01/2009

R164-12-1f. Commissions on Sales of Securities

Thu, 15 Oct 2009 08:00:00 MST

No. 33013 (Amendment): Section R164-12-1f. Commissions on Sales of Securities
SUMMARY: The amendment modifies Subsection R164-12-1f(A)(1) of the rule to reflect H.B. 78's repeal of Section 61-1-8 of the Act and modifies Subsection R164-12-1f(A)(3) to reflect the reorganization and name change of the National Association of Securities Brokers to the Financial Industry Regulatory Authority.
PUBLISHED/TO BE PUBLISHED: 10/15/2009
CONTACT(S):
- Benjamin Johnson by telephone at 801-530-6134, by FAX at 801-530-6980, or by E-mail at bnjohnson@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/01/2009

R164-13. Definitions

Thu, 15 Oct 2009 08:00:00 MST

No. 33014 (Repeal): Rule R164-13. Definitions
SUMMARY: This rule is repealed in its entirety.
PUBLISHED/TO BE PUBLISHED: 10/15/2009
CONTACT(S):
- Benjamin Johnson by telephone at 801-530-6134, by FAX at 801-530-6980, or by E-mail at bnjohnson@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/01/2009

R164-18-6. Procedures for Administrative Actions

Thu, 15 Oct 2009 08:00:00 MST

No. 33016 (Amendment): Section R164-18-6. Procedures for Administrative Actions
SUMMARY: Subsections R164-18-6(A)(1) and (C) are modified to reflect the repealing and renumbering of the Utah Administrative Procedures Act. Subsections R164-18-6(D) and (F)(1) are modified to reflect changes enacted by H.B. 78 (2009 General Session) and S.B. 64 (2005 General Session). Subsection R164-18-6(F)(2)(E) is added to define the administrative hearing rights granted to applicants for the new exemption enacted by H.B. 78 at Subsection 61-1-14(2)(j)(ii)(E)(II).
PUBLISHED/TO BE PUBLISHED: 10/15/2009
CONTACT(S):
- Benjamin Johnson by telephone at 801-530-6134, by FAX at 801-530-6980, or by E-mail at bnjohnson@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/01/2009

R414-1B. Prohibition of Payment for Certain Abortion Services

Thu, 15 Oct 2009 08:00:00 MST

No. 33008 (Amendment): Rule R414-1B. Prohibition of Payment for Certain Abortion Services
SUMMARY: This change clarifies the "damage to a major bodily function" exception in the rule that allows a Medicaid provider to use public funds to pay for an abortion. It further specifies the penalty for state employees who authorize the use of public funds to pay for an abortion that does not meet one of the three funding exceptions. It also includes other minor revisions.
PUBLISHED/TO BE PUBLISHED: 10/15/2009
CONTACT(S):
- Craig Devashrayee by telephone at 801-538-6641, by FAX at 801-538-6099, or by E-mail at cdevashrayee@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 11/23/2009

R590-76. Health Maintenance Organizations and Limited Health Plans

Thu, 15 Oct 2009 08:00:00 MST

No. 33018 (Amendment): Rule R590-76. Health Maintenance Organizations and Limited Health Plans
SUMMARY: The changes allow Health Maintenance Organizations (HMOs) to offer stand-alone dental and vision products with a closed HMO panel. The change will allow a great variety of plans to be offered in the marketplace thus providing more choices for consumers.
PUBLISHED/TO BE PUBLISHED: 10/15/2009
CONTACT(S):
- Jilene Whitby by telephone at 801-538-3803, by FAX at 801-538-3829, or by E-mail at jwhitby@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 11/23/2009

R590-79. Life Insurance Disclosure Rule

Thu, 15 Oct 2009 08:00:00 MST

No. 32697 (Change in Proposed Rule): Rule R590-79. Life Insurance Disclosure Rule
SUMMARY: The substantive changes to this rule are in Subsection R590-79-5(B) which eliminates the requirement that a life insurer provide a policy summary with an illustrated policy. Subsection R590-79-5(C) eliminates wording describing a universal policy, which is already understood by those in the life insurance industry. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the June 15, 2009, issue of the Utah State Bulletin, on page 44. Underlining in the rule below indicates text that has been added since the publication of the proposed new 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.)
PUBLISHED/TO BE PUBLISHED: 10/15/2009
CONTACT(S):
- Jilene Whitby by telephone at 801-538-3803, by FAX at 801-538-3829, or by E-mail at jwhitby@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 11/23/2009

R590-177. Life Insurance Illustrations Rule

Thu, 15 Oct 2009 08:00:00 MST

No. 32698 (Change in Proposed Rule): Rule R590-177. Life Insurance Illustrations Rule
SUMMARY: In Section R590-177-3, the dollar amount at which a policy illustration is required is being changed from $15,000 to the original amount of $10,000. The changes in Subsection R590-177-11(C)(6)(c) are being made for consistency with Subsection R590-177-4(k)(1)(c) of this rule. Subsection R590-177-11(H) is being changed back to the way it was. It was determined that it was easier to remember to notify the department at the time the illustration actuary is changed rather than when the insurer makes its next filing. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the June 15, 2009, issue of the Utah State Bulletin, on page 48. Underlining in the rule below indicates text that has been added since the publication of the proposed new 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.)
PUBLISHED/TO BE PUBLISHED: 10/15/2009
CONTACT(S):
- Jilene Whitby by telephone at 801-538-3803, by FAX at 801-538-3829, or by E-mail at jwhitby@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 11/23/2009

R612-2-5. Regulation of Medical Practitioner Fees

Thu, 15 Oct 2009 08:00:00 MST

No. 33007 (Amendment): Section R612-2-5. Regulation of Medical Practitioner Fees
SUMMARY: The proposed amendment removes an unnecessary listing of specific medical services that are subject to the rule and eliminates a reference to Ingenex methodology for computation of reimbursement rates for some pathology and laboratory services. The amendment incorporates by reference current versions of the Resource-Based Relative Value Scale (RBRVS), the American Medical Association's CPT-4 coding guidelines, and the Labor Commission's Medical Fee Guidelines. The amendment updates a reference to the Labor Commission's web site. Finally, the rule identifies existing methods by which injured workers and their medical providers can seek payment for medical services that are not otherwise addressed by this rule.
PUBLISHED/TO BE PUBLISHED: 10/15/2009
CONTACT(S):
- Larry Bunkall by telephone at 801-530-6988, by FAX at 801-530-6844, or by E-mail at lbunkall@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 11/23/2009

R690-100. Public Education Job Enhancement Program Participant Eligibility and Requirements

Thu, 15 Oct 2009 08:00:00 MST

No. 32986 (Amendment): Rule R690-100. Public Education Job Enhancement Program Participant Eligibility and Requirements
SUMMARY: This rule provides language to make it consistent with the Utah Open and Public Meetings Act, provides notice to school districts, charter schools and participants that eligible participants must be newly hired to receive opportunity awards, requires enrollment at the first possibility enrollment opportunity following the award, and limits Advancement Awards for use only at Utah public or private accredited higher education institutions with rare exceptions.
PUBLISHED/TO BE PUBLISHED: 10/15/2009
CONTACT(S):
- Clara Walters by telephone at 801-538-7616, by FAX at 801-538-7973, or by E-mail at clara.walters@schools.utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 11/23/2009

R986-700. Child Care Assistance

Thu, 15 Oct 2009 08:00:00 MST

No. 33017 (Amendment): Rule R986-700. Child Care Assistance
SUMMARY: Currently, if a provider receives funds but does not provide child care during the month, the rules require the provider be removed from the approved provider list. Sometimes a provider is not completely at fault and needs time to repay the overpayment. These changes will allow up to six months to repay the overpayment during which the provider can remain an approved provider. This matches the procedure where a provider removes funds that were not authorized. Additionally, this proposed amendment changes the criminal convictions that will disqualify a friend and family provider to match the criminal convictions used by the Department of Health to disqualify licensed providers. This is due to changes made by the Department of Health to its rules. The disqualification reasons should be the same, as much as possible, for both types of providers.
PUBLISHED/TO BE PUBLISHED: 10/15/2009
CONTACT(S):
- Suzan Pixton by telephone at 801-526-9645, by FAX at 801-526-9211, or by E-mail at spixton@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/01/2009