Utah Administrative Rules Open for Public Comment

R17-7-3. Archives/ Research Room/Access to Records

Mon, 01 Feb 2010 08:00:00 MST

No. 33320 (Amendment): Section R17-7-3. Archives/ Research Room/Access to Records
SUMMARY: Patrons may use the equipment and resources of the Research Center for research associated with the Utah State Archives or Utah State History and not for personal or business use.
PUBLISHED/TO BE PUBLISHED: 02/01/2010
CONTACT(S):
- Susan Mumford by telephone at 801-531-3861, by FAX at 801-531-3867, or by E-mail at smumford@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 03/17/2010

R25-7-10. Reimbursement for Transportation

Mon, 01 Feb 2010 08:00:00 MST

No. 33302 (Amendment): 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. (DAR NOTE: A corresponding 120-day (emergency) rule was published in the January 1, 2010, Bulletin under DAR No. 33275 and was effective 01/01/2010.)
PUBLISHED/TO BE PUBLISHED: 02/01/2010
CONTACT(S):
- Marilee Richins by telephone at 801-538-3450, by FAX at 801-538-3244, or by E-mail at mprichins@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 03/10/2010

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

Mon, 01 Feb 2010 08:00:00 MST

No. 33316 (Amendment): Section R164-4-9. Exemptions from Licensing Requirements for Certain Investment Advisers
SUMMARY: In three subsections, prefatory language was changed to a more specific statutory reference, from "Notwithstanding the provisions of Subsection 61-1-3(3)" to "For purposes of Subsection 61-1-3(3)(b)(ii)". The catchline was also changed to more precisely describe the purpose of the rule.
PUBLISHED/TO BE PUBLISHED: 02/01/2010
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: 03/10/2010

R307-842. Lead-Based Paint Activities

Mon, 01 Feb 2010 08:00:00 MST

No. 33310 (New Rule): Rule R307-842. Lead-Based Paint Activities
SUMMARY: The proposed new Rule R308-842 contains: accreditation of training programs: target housing and child-occupied facilities; certification of individuals and firms engaged in lead-based paint activities: target housing and child-occupied facilities; work practice standards for conducting lead-based paint activities: target housing and child-occupied facilities; lead-based paint activities requirements; and work practice requirements originally incorporated by reference in Rule R307-840 including changes made by the EPA from July 1, 2007, to July 15, 2009.
PUBLISHED/TO BE PUBLISHED: 02/01/2010
CONTACT(S):
- Kimberly Kreykes by telephone at 801-536-4042, by FAX at 801-536-4099, or by E-mail at kkreykes@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 04/07/2010

R307-841. Residential Property and Child-Occupied Facility Renovation

Mon, 01 Feb 2010 08:00:00 MST

No. 33309 (New Rule): Rule R307-841. Residential Property and Child-Occupied Facility Renovation
SUMMARY: The proposed new Rule R308-841 contains: effective dates; applicability; information distribution requirements; work practice standards; recordkeeping, and reporting requirements; firm certification; renovator certification and dust sampling technician certification; and suspending, revoking, or modifying an individual's or firm's certification originally incorporated by reference in Rule R307-840 including changes made by the EPA from July 1, 2007, to July 15, 2009.
PUBLISHED/TO BE PUBLISHED: 02/01/2010
CONTACT(S):
- Kimberly Kreykes by telephone at 801-536-4042, by FAX at 801-536-4099, or by E-mail at kkreykes@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 04/07/2010

R307-840. Lead-Based Paint Accreditation, Certification and Work Practice Standards

Mon, 01 Feb 2010 08:00:00 MST

No. 33308 (Repeal and Reenact): Rule R307-840. Lead-Based Paint Accreditation, Certification and Work Practice Standards
SUMMARY: This rule change repeals the current version of Rule R307-840 that incorporates by reference several sections of 40 CFR 745, replacing it with an updated purpose, in addition to the applicability and definitions originally incorporated by reference including changes made by the EPA from July 1, 2007, to July 15, 2009. The proposed version of Rule R307-840 contains the purpose, applicability, and the definitions used by Rules R307-841 and R307-842. Regulatory requirements for the Lead-Based Paint (LBP) Pre-Renovation Education Rule currently located in Rule R307-840 have been removed from Rule R307-840 and placed in the proposed new Rule R307-841. The LBP Abatement Program regulatory requirements currently located in Rule R307-840 have been removed from Rule R307-840 and placed in the proposed new Rule R307-841. By incorporating this set of three rule changes, the DAQ will have the ability to apply to the EPA for lead-based paint program regulatory oversight in Utah for renovation projects conducted in target housing and child-occupied facilities. (DAR NOTE: The proposed new Rule R307-841 is under DAR No. 33309; and the proposed new Rule R307-842 is under DAR No. 33310 in this issue, February 1, 2010, of the Bulletin.)
PUBLISHED/TO BE PUBLISHED: 02/01/2010
CONTACT(S):
- Kimberly Kreykes by telephone at 801-536-4042, by FAX at 801-536-4099, or by E-mail at kkreykes@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 04/07/2010

R309-511. Hydraulic Modeling Requirements

Mon, 01 Feb 2010 08:00:00 MST

No. 32978 (Change in Proposed Rule): Rule R309-511. Hydraulic Modeling Requirements
SUMMARY: Minor changes have been made to the rule in response to comments. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the October 1, 2009, issue of the Utah State Bulletin, on page 88. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.)
PUBLISHED/TO BE PUBLISHED: 02/01/2010
CONTACT(S):
- Bob Hart by telephone at 801-536-0054, by FAX at 801-536-4211, or by E-mail at bhart@utah.gov
- Ying-Ying Macauley by telephone at 801-536-4188, by FAX at 801-536-4211, or by E-mail at ymacauley@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 03/10/2010

R590-160. Administrative Proceedings

Mon, 01 Feb 2010 08:00:00 MST

No. 33317 (Amendment): Rule R590-160. Administrative Proceedings
SUMMARY: Changes are being made to update code references resulting from the recodification of Utah Administrative Proceedings Act, 63G-4-101 et seq. Subsection R590-160-2(2) added a scope section; Definitions section was put in alphabetical order; Subsection R590-160-5(3) modified to account for the 4/10 work week; Subsection R590-160-5(5)(b) allows a member manager to represent a limited liability company; Subsection R590-160-5(5)(i) correction to show that a administrative proceeding may be initiated by a motion for an Order to Show Cause; Subsection R590-160-6(5)(b) clarifies when a transcript of a hearing must be provided to the department; Subsection R590-160-6(7) clarifies which rules of civil procedure apply to discovery; and made language gender neutral.
PUBLISHED/TO BE PUBLISHED: 02/01/2010
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: 03/10/2010

R590-256. Health Benefit Plan Internet Portal Solvency Rating

Mon, 01 Feb 2010 08:00:00 MST

No. 33321 (New Rule): Rule R590-256. Health Benefit Plan Internet Portal Solvency Rating
SUMMARY: This rule establishes the methodology for determining the solvency rating for each insurer who posts a health benefit plan on the Internet portal.
PUBLISHED/TO BE PUBLISHED: 02/01/2010
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: 03/10/2010

R590-253. Utah Mini-COBRA Notification Rule

Mon, 01 Feb 2010 08:00:00 MST

No. 33328 (Amendment): Rule R590-253. Utah Mini-COBRA Notification Rule
SUMMARY: In Section R590-253-2, the Department of Defense Appropriations Act of 2010 has been added; and in Section R590-253-3, the date for the eligibility of Utah mini-COBRA was changed to February 28, 2010.
PUBLISHED/TO BE PUBLISHED: 02/01/2010
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: 03/10/2010

R610-3-22. Payment of Wages Via Pay Cards

Mon, 01 Feb 2010 08:00:00 MST

No. 33299 (Amendment): Section R610-3-22. Payment of Wages Via Pay Cards
SUMMARY: The proposed rule authorizes employers to use pay cards to pay wages provided that the pay cards allow withdrawal of the full amount of wages once without cost to the employee.
PUBLISHED/TO BE PUBLISHED: 02/01/2010
CONTACT(S):
- Brent Asay by telephone at 801-530-6802, by FAX at 801-530-7601, or by E-mail at basay@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 03/10/2010

R616-4. Coal Mine Safety

Mon, 01 Feb 2010 08:00:00 MST

No. 33300 (New Rule): Rule R616-4. Coal Mine Safety
SUMMARY: Section R616-4-1 of the proposed rule states the purpose of the proposed rule and identifies the Labor Commission's statutory authority to promulgate the rule. Section R616-4-2 defines terms used in the rule or in the Coal Mine Safety Act. Section R616-4-3 describes the Office of Coal Mine Safety�s authority to enter coal mines to examine conditions related to employee safety and health. This provision also explains the actions that will be taken if unsafe conditions are observed. Section R616-4-4 clarifies the timing of a coal mine operator�s obligation to notice the Office of Coal Mine Safety of any serious coal mine accident. Section R616-4-5 establishes a requirement that coal mine operators conduct annual reviews of emergency response plans with relevant law enforcement staff, medical personnel and, as practicable, the Office of Coal Mine Safety.
PUBLISHED/TO BE PUBLISHED: 02/01/2010
CONTACT(S):
- Pete Hackford by telephone at 801-530-7605, by FAX at 801-530-6871, or by E-mail at phackford@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 03/10/2010

R933-4. Bus Shelters and Bus Benches

Mon, 01 Feb 2010 08:00:00 MST

No. 33311 (Repeal): Rule R933-4. Bus Shelters and Bus Benches
SUMMARY: This rule is repealed in its entirety.
PUBLISHED/TO BE PUBLISHED: 02/01/2010
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: 03/10/2010

R131-14. Parking on Capitol Hill

Fri, 15 Jan 2010 08:00:00 MST

No. 33298 (New Rule): Rule R131-14. Parking on Capitol Hill
SUMMARY: This proposed rule defines and implements parking assignments on the Capitol Hill Complex. Parking assignments on Capitol Hill is the responsibility of the Capitol Preservation Board's Executive Director or designee. This proposed rule identifies the process to assign parking spaces and this process is necessary to be in compliance with the Americans with Disabilities Act and state statute, Section 63C-9-301, and meet the statutory requirements as set forth in H.B. 317 of the 2007 Legislative Session, "Capitol Hill Complex Legislative Space." (DAR NOTE: H.B. 317 (2007) is found at Chapter 131, Laws of Utah 2007, and was effective 04/30/2007.)
PUBLISHED/TO BE PUBLISHED: 01/15/2010
CONTACT(S):
- La Priel Dye by telephone at 801-538-3240, by FAX at 801-538-3313, or by E-mail at ldye@utah.gov
- Alan Bachman by telephone at 801-538-3105, by FAX at 801-538-3313, or by E-mail at abachman@utah.gov
- Sarah Whitney by telephone at 801-538-3074, by FAX at 801-538-3221, or by E-mail at swhitney@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/22/2010

R156-47b. Massage Therapy Practice Act Rule

Fri, 15 Jan 2010 08:00:00 MST

No. 33293 (Amendment): Rule R156-47b. Massage Therapy Practice Act Rule
SUMMARY: In Section R156-47b-102, the definition of "COMTA" is being deleted and replaced with a more inclusive definition of "accrediting agency". The definition of "direct supervision" is being updated to reflect the definition referenced in Subsection R156-1-201a(4)(a). Definitions for "clinic", "FSMTB", "massage client services", and "recognized school" are being added. Section R156-47b-302a is being changed to Section R156-47b-302. Curriculum requirements for massage schools contained in Section R156-47b-302 are updated to include specific areas of instruction to ensure competency. A new Section R156-47b-302a is being added to provide guidelines for equivalent education and training that would qualify an applicant for licensure. In Section R156-47b-302b, an additional licensure examination option, the National Examination for State Licensure (NESL), is being added. In Section R156-47b-302c, the training under massage apprenticeship has been updated to more closely reflect the massage school curriculum to include specific areas of instruction to ensure competency. Subsection R156-47b-302d(1)(a) is updated to change "shall" to "may" to allow the Division and Board more flexibility when considering applicants with a criminal conviction. Various statute citations have been updated throughout the rule.
PUBLISHED/TO BE PUBLISHED: 01/15/2010
CONTACT(S):
- Sally Stewart by telephone at 801-530-6179, by FAX at 801-530-6511, or by E-mail at sstewart@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/22/2010

R432-31. Transferable Physician Order for Life-Sustaining Treatment

Fri, 15 Jan 2010 08:00:00 MST

No. 33282 (Repeal and Reenact): Rule R432-31. Transferable Physician Order for Life-Sustaining Treatment
SUMMARY: This rule replaces the previous POLST rule. The rule adds elements to meet the new Advance Directives Act, including: changing the name of the order to "Life With Dignity Order", defining which types of health facilities are required to offer Life With Dignity Orders, what types of health professionals may sign an order, defining what policies and procedures health facilities may develop to meet the rule, training required for facility staff, transferability of orders between health facilities, EMS personnel responsibilities, Do Not Resuscitate orders with bracelets and necklaces, requirements to update old forms, where to place orders for in-home patients, and how health personnel must respond to prior orders. The items carried over from the old rule include: the circumstances in which a person may use a Life With Dignity Order in a health facility and details of how it should be offered to patients, how the order must be placed in a prominent part of the patient's chart, the requirement for facilities to review the order with patients, and the option for a legal representative to act in place of the resident.
PUBLISHED/TO BE PUBLISHED: 01/15/2010
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: 02/22/2010

R590-220. Submission of Accident and Health Insurance Filings

Fri, 15 Jan 2010 08:00:00 MST

No. 33297 (Amendment): Rule R590-220. Submission of Accident and Health Insurance Filings
SUMMARY: The changes update the rule to comply with rate and form filing procedures; update incorporated documents; eliminate the reference to SIRCON; change the time required to make filing corrections from 30 to 15 days; and require that the intent of the filing and purpose of each document be included with each filing.
PUBLISHED/TO BE PUBLISHED: 01/15/2010
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: 02/22/2010

R614-7-1. Roofing, Tar-Asphalt Operations

Fri, 15 Jan 2010 08:00:00 MST

No. 33279 (Amendment): Section R614-7-1. Roofing, Tar-Asphalt Operations
SUMMARY: This rule change removes Subsection R614-7-1(A) of the existing rule and renumbers the remaining the subsections. The safeguards being removed are already covered by the federal standard which is incorporated by reference in Section R614-4-1.
PUBLISHED/TO BE PUBLISHED: 01/15/2010
CONTACT(S):
- 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: 02/22/2010

R657-20. Falconry

Fri, 15 Jan 2010 08:00:00 MST

No. 33287 (Amendment): 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.
PUBLISHED/TO BE PUBLISHED: 01/15/2010
CONTACT(S):
- Staci Coons by telephone at 801-538-4718, by FAX at 801-538-4709, or by E-mail at stacicoons@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/22/2010

R986-700-714. CC Payment Method

Fri, 15 Jan 2010 08:00:00 MST

No. 33295 (Amendment): Section R986-700-714. CC Payment Method
SUMMARY: The Department makes payments to some child care providers through an EBT card. The Division has recently switched vendors for that card. The new vendor does not support the emergency $125 payment. This emergency payment began when the Department went to two party checks for child care to avoid delay in getting payments to a child care provider. Since more payments are now issued on the EBT card, the emergency provision is no longer needed and used very infrequently.
PUBLISHED/TO BE PUBLISHED: 01/15/2010
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: 02/22/2010

R986-200-235. Unearned Income

Fri, 15 Jan 2010 08:00:00 MST

No. 33296 (Amendment): Section R986-200-235. Unearned Income
SUMMARY: Congress authorized a $25 supplemental weekly Unemployment Compensation payment under the American Recovery and Reinvestment Act of 2009 (ARRA). In November 2009, President Obama signed an executive order providing that the $25 not be counted in determining eligibility for food stamps. For ease of administration and to align the programs, the Department will not count the $25 in determining eligibility for the Family Employment Program (FEP).
PUBLISHED/TO BE PUBLISHED: 01/15/2010
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: 02/22/2010

R152-11-1. Purposes, Rules of Construction

Fri, 01 Jan 2010 08:00:00 MST

No. 33238 (Amendment): Section R152-11-1. Purposes, Rules of Construction
SUMMARY: A definition of "express authorization" is set forth and subsequent definitions are renumbered.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
CONTACT(S):
- Angela Hendricks by telephone at 801-530-6035, by FAX at 801-538-6001, or by E-mail at ahendricks@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/08/2010

R152-11-5. Repairs and Services

Fri, 01 Jan 2010 08:00:00 MST

No. 33239 (Amendment): Section R152-11-5. Repairs and Services
SUMMARY: The amendment specifies which acts and practices are deceptive in connection with repairs and maintenance and which are deceptive in connection with other types of services.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
CONTACT(S):
- Angela Hendricks by telephone at 801-530-6035, by FAX at 801-538-6001, or by E-mail at ahendricks@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/08/2010

R156-77-102. Definitions

Fri, 01 Jan 2010 08:00:00 MST

No. 33263 (Amendment): Section R156-77-102. Definitions
SUMMARY: Subsection R156-77-102(20) is amended to further clarify the definition of "weeks gestation" to indicate how the age of pregnancy is calculated.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
CONTACT(S):
- Laura Poe by telephone at 801-530-6789, by FAX at 801-530-6511, or by E-mail at lpoe@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/08/2010

R156-37-301. License Classifications - Restrictions

Fri, 01 Jan 2010 08:00:00 MST

No. 33264 (Amendment): Section R156-37-301. License Classifications - Restrictions
SUMMARY: Subsection R156-37-301(1)(i) is amended to move the certified registered nurse anesthetist under the advanced practice registered nurse category. Subsection R156-37-301(1)(k) is amended to add a naturopathic physician as a license category who is qualified to be issued a controlled substance license.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
CONTACT(S):
- Laura Poe by telephone at 801-530-6789, by FAX at 801-530-6511, or by E-mail at lpoe@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/08/2010

R156-79. Hunting Guides and Outfitters Licensing Act Rule

Fri, 01 Jan 2010 08:00:00 MST

No. 33265 (Amendment): Rule R156-79. Hunting Guides and Outfitters Licensing Act Rule
SUMMARY: In Subsection R156-79-102(2), an amendment is made to add any other organization that offers a substantially equivalent first aid and CPR courses as approved by the Division in collaboration with the Board. Similar amendments with respect to the first aid and CPR courses are also made in Section R156-79-601 and Subsection R156-79-602(13). In Section R156-79-302e, amendments are made to remove the term "experience" and replace it with the term "on-the-job training" and to define the amount of on-the-job training that is acceptable for hunting guides and outfitters.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
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: 02/08/2010

R156-31b-701a. Delegation of Nursing Tasks in a School Setting

Fri, 01 Jan 2010 08:00:00 MST

No. 33266 (Amendment): Section R156-31b-701a. Delegation of Nursing Tasks in a School Setting
SUMMARY: In Subsection R156-31b-701a(1), the amendment requires any unlicensed person who administers medications in a school setting must have annual training from a school nurse. In Subsection R156-31b-701a(2), the amendment indicates that the action of a medication determines whether or not it can be delegated. In Subsection R156-31b-701a(3), the amendment clarifies that medications that require monitoring a student before, during, or after administration cannot be administered by an unlicensed person. In Subsections R156-31b-701a(5) and (6), the amendment combines current language and allows an unlicensed person to provide a scheduled or corrective dose of insulin. Existing language specific to insulin and glucagon is deleted but additions are made to include all types of medications and also includes current specific information related to insulin and glucagon that is not generalizable to other medications.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
CONTACT(S):
- Laura Poe by telephone at 801-530-6789, by FAX at 801-530-6511, or by E-mail at lpoe@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/08/2010

R202-101. Qualified Emergency Food Agencies Fund (QEFAF)

Fri, 01 Jan 2010 08:00:00 MST

No. 33252 (New Rule): Rule R202-101. Qualified Emergency Food Agencies Fund (QEFAF)
SUMMARY: Rules and regulations of allowable and non-allowable expenditures for the QEFAF program.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
CONTACT(S):
- Jonathan Hardy by telephone at 801-538-8650, by FAX at 801-538-8888, or by E-mail at jhardy@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/08/2010

R307-101-3. Version of Code of Federal Regulations Incorporated by Reference

Fri, 01 Jan 2010 08:00:00 MST

No. 33251 (Amendment): Section R307-101-3. Version of Code of Federal Regulations Incorporated by Reference
SUMMARY: The following is a list of changes to 40 CFR from 07/01/2008, to 07/01/2009, that affect rules which reference Section R307-101-3. (NOTE: References that refer to "Vol. XX, No. YY/Pages ZZZZ" refer to the Federal Register.) In Vol. 74, No. 12 / Pages 3437-41: Air Quality: Revision to Definition of Volatile Organic Compounds--Exclusion of Propylene Carbonate and Dimethyl Carbonate. This action revised EPA's definition of volatile organic compounds (VOCs) for the purposes of preparing state implementation plans to attain the national ambient air quality standard for ozone under Title I of the Clean Air Act (Act). This revision added the compounds propylene carbonate and dimethyl carbonate to the list of compounds which are excluded from the definition of VOC on the basis that these compounds make a negligible contribution to tropospheric ozone formation. Section 51.100 was amended at the end of paragraph (s)(1) introductory text by removing the words "and perfluorocarbon compounds which fall into these classes:" and adding in their place a semi-colon and the words "propylene carbonate; dimethyl carbonate; and perfluorocarbon compounds which fall into these classes:". In Vol. 74, No. 56, Page 12575-93: Performance Specification 16 for Predictive Emissions Monitoring Systems and Amendments to Testing and Monitoring Provisions. EPA promulgated Performance Specification (PS) 16 for predictive emissions monitoring systems (PEMS). Performance Specification 16 provides testing requirements for assessing the acceptability of PEMS when they are initially installed. Currently, there are no federal rules requiring the use of PEMS; however, some sources have obtained Administrator approval to use PEMS as alternatives to continuous emissions monitoring systems (CEMS). Other sources may desire to use PEMS in cases where initial and operational costs are less than CEMS and process optimization for emissions control may be desirable. Performance Specification 16 will apply to any PEMS required in future rules in 40 CFR Parts 60, 61, or 63, and in cases where a source petitions the Administrator and receives approval to use a PEMS in lieu of another emissions monitoring system required under the regulation. This action also finalized minor technical amendments. In Vol. 74, No. 102, Page 25666-9: Update of Continuous Instrumental Test Methods; Correction. EPA promulgated revisions to continuous instrumental test methods on 05/22/2008, where a number of technical amendments were made to five test methods. Several of the revisions were added to the text in the wrong places and in some cases duplicate insertions were made. The definition for system bias was also inadvertently revised. This action corrected those publication errors. In Vol. 73, No. 246, Page 78199-219: Alternative Work Practice To Detect Leaks From Equipment. Numerous EPA air emissions standards require specific work practices for equipment leak detection and repair. On 04/06/2006, EPA proposed a voluntary alternative work practice for leak detection and repair using a newly developed technology, optical gas imaging. The alternative work practice is an alternative to the current leak detection and repair work practice, which was not revised. The proposed alternative was amended in this final rule to add a requirement to perform monitoring once per year using the current Method 21 leak detection instrument. This action revises the General Provisions to incorporate the final alternative work practice. In Vol. 73, No. 241, Page 75954-9: Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules. EPA took direct final action to reaffirm the promulgation of certain revisions of the Acid Rain Program rules in order to prevent disruption of this program, which has achieved significant, cost-effective reductions in sulfur dioxide (SO2) emissions from utility sources since its commencement in 1995. These rule revisions were finalized in the Federal Register notices that also finalized the Clean Air Interstate Rule (CAIR) and the Federal Implementation Plans for CAIR (CAIR FIPs). The U.S. Court of Appeals for the District of Columbia Circuit recently issued a decision vacating and remanding CAIR and the CAIR FIPs. EPA and other parties have petitioned for rehearing, and the Court has not yet issued a mandate in the case. These revisions to the Acid Rain Program rules were not addressed by, or involved in any of the issues raised by, any parties in the proceeding or the Court. EPA believes it is reasonable to view these revisions as unaffected by the Court's decision. However, EPA is reaffirming--pursuant to its authority under Title IV of the Clean Air Act (CAA) and CAA section 301--the promulgation of these revisions in this interim final rule in order to remove any uncertainty about their legal status because they have been in effect since mid-2006, most of them are crucial to the ongoing operation of the Acid Rain Program, and the rest of them streamline and clarify requirements of the program. In Vol. 73, No. 241, Page 75959-68: Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules. EPA took interim action to reaffirm the promulgation of certain revisions of the Acid Rain Program rules in order to prevent disruption of this program, which has achieved significant, cost-effective reductions in SO2 emissions from utility sources since its commencement in 1995. These rule revisions were finalized in the Federal Register notices that also finalized the CAIR and the CAIR FIPs. The U.S. Court of Appeals for the District of Columbia Circuit recently issued a decision vacating and remanding CAIR and the CAIR FIPs. EPA and other parties have petitioned for rehearing, and the Court has not yet issued a mandate in the case. These revisions to the Acid Rain Program rules were not addressed by, or involved in any of the issues raised by, any parties in the proceeding or the Court. EPA believes it is reasonable to view these revisions as unaffected by the Court's decision. However, EPA is reaffirming--pursuant to its authority under Title IV of the CAA and CAA section 301--the promulgation of these revisions in this interim final rule in order to remove any uncertainty about their legal status because they have been in effect since mid-2006, most of them are crucial to the ongoing operation of the Acid Rain Program, and the rest of them streamline and clarify requirements of the program. In Vol. 74, No. 57, Page 13124: Promulgation of Revisions of the Acid Rain Program Rules. Because EPA received an adverse comment, EPA withdrew the direct final rule for "Rulemaking to Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules," which was published in the Federal Register on 12/15/2008 (73 FR 75954). In Vol. 74, No. 112, Page 27940-4: Rulemaking To Reaffirm the Promulgation of Revisions of the Acid Rain Program Rules. In this action, EPA reaffirmed the promulgation of certain revisions of the Acid Rain Program rules. These revisions have been in effect since mid-2006. Most of them are crucial to the ongoing operation of the Acid Rain Program, and the rest of them streamline and clarify requirements of the program, which has achieved significant, cost-effective reductions in SO2 emissions from utility sources since its commencement in 1995. These rule revisions were finalized in the Federal Register notices that also finalized the CAIR and the final CAIR FIPs. On 07/11/2008, the U.S. Court of Appeals for the District of Columbia Circuit issued a decision vacating and remanding CAIR and the CAIR FIPs. On 12/23/2008, in response to petitions for rehearing, the Court modified its 07/11/2008 decision and remanded CAIR and the CAIR FIPs but without a vacatur. These revisions to the Acid Rain Program rules were not addressed by, or involved in any of the issues raised by, any parties in the proceeding or the Court. EPA believes it is reasonable to view these revisions as unaffected by the Court's decision. However, EPA is treating the Court's remand as covering these revisions and, in response to the remand, is finalizing the rule reaffirming--pursuant to its authority under Title IV of the CAA and CAA section 301--the promulgation of these revisions on their merits and in order to remove any uncertainty about their regulatory status. With this action, the existing Acid Rain regulations continue in effect, and the Acid Rain Program continues to operate, unchanged and uninterrupted. In Vol. 73, No. 214, Page 65554-6: Stay of the Effectiveness of Requirements for Air Emission Testing Bodies. EPA took final action to stay the effectiveness of requirements for air emission testing bodies (AETBs). On 01/24/2008, final amendments to regulations on competency requirements for air emission testing bodies were published in the Federal Register. The AETB provision generally requires stack testers and stack testing companies to meet certain minimum competency requirements described in ASTM D 7036 by 01/01/2009. On 03/25/2008, the Utility Air Regulatory Group (UARG) filed a Petition for Review primarily claiming that EPA could not by the AETB requirement hold utilities responsible for something they cannot control. While EPA is considering revisions to the requirements to address UARG's concerns, it cannot propose and complete any such revision through notice and comment rulemaking before the compliance date contained in the existing rule, thus necessitating this action. EPA needs to complete this action staying effectiveness of the AETB requirements in order to secure an extension of an Order Granting Abeyance of Further Proceedings which expires on 10/29/2008, when the Agency must file Motions to Govern Further Proceedings.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
CONTACT(S):
- Kimberly Kreykes by telephone at 801-536-4042, by FAX at 801-536-4099, or by E-mail at kkreykes@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 03/03/2010

R313-25-8. Technical Analyses

Fri, 01 Jan 2010 08:00:00 MST

No. 33267 (Amendment): Section R313-25-8. Technical Analyses
SUMMARY: The proposed rule would require facilities that wish to land dispose of DU to complete and have approved a site-specific performance assessment that demonstrates that the performance standards specified in 10 CFR Part 61 and corresponding provisions of Utah rules will be met. Therefore, the Utah Radiation Control Board, at its 12/08/2009 meeting, voted to amend Section R313-25-8 that requires EnergySolutions or any facility that land disposes significant quantities of DU to submit for review and approval a site specific performance assessment prior to disposal of significant quantities of DU.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
CONTACT(S):
- Dane Finerfrock by telephone at 801-536-4250, by FAX at 801-533-4097, or by E-mail at dfinerfrock@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 03/01/2010

R414-306. Program Benefits

Fri, 01 Jan 2010 08:00:00 MST

No. 33259 (Amendment): Rule R414-306. Program Benefits
SUMMARY: This change removes provisions in the rule that other administrative rules already cover. It also requires the Department to coordinate with other programs to assure enrollment and to provide information to Medicaid applicants and recipients. It further removes and updates incorporated materials and makes other minor corrections.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
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: 02/08/2010

R426-15-700. Penalties

Fri, 01 Jan 2010 08:00:00 MST

No. 33248 (Amendment): Section R426-15-700. Penalties
SUMMARY: The reference to criminal penalties for violating this rule is removed.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
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: 02/08/2010

R426-16-3. Penalty for Violation of Rule

Fri, 01 Jan 2010 08:00:00 MST

No. 33249 (Amendment): Section R426-16-3. Penalty for Violation of Rule
SUMMARY: The reference to criminal penalties for violating this rule is removed.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
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: 02/08/2010

R426-2-7. Statutory Penalties

Fri, 01 Jan 2010 08:00:00 MST

No. 33240 (Amendment): Section R426-2-7. Statutory Penalties
SUMMARY: The reference to criminal penalties for violating this rule is removed.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
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: 02/08/2010

R426-5-11. Statutory Penalties

Fri, 01 Jan 2010 08:00:00 MST

No. 33244 (Amendment): Section R426-5-11. Statutory Penalties
SUMMARY: The reference to criminal penalties for violating this rule is removed.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
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: 02/08/2010

R426-7-5. Penalty for Violation of Rule

Fri, 01 Jan 2010 08:00:00 MST

No. 33245 (Amendment): Section R426-7-5. Penalty for Violation of Rule
SUMMARY: The reference to criminal penalties for violating this rule is removed.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
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: 02/08/2010

R426-12-1400. Penalties

Fri, 01 Jan 2010 08:00:00 MST

No. 33246 (Amendment): Section R426-12-1400. Penalties
SUMMARY: The reference to criminal penalties for violating this rule is removed.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
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: 02/08/2010

R426-14-600. Penalties

Fri, 01 Jan 2010 08:00:00 MST

No. 33247 (Amendment): Section R426-14-600. Penalties
SUMMARY: The reference to criminal penalties for violating this rule is removed.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
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: 02/08/2010

R477-7-2. Holiday Leave

Fri, 01 Jan 2010 08:00:00 MST

No. 33278 (Amendment): Section R477-7-2. Holiday Leave
SUMMARY: In order to prevent confusion, the phrase "not to exceed ten hours" in Subsection R477-7-2(2) will be amended to "not to exceed nine hours."
PUBLISHED/TO BE PUBLISHED: 01/01/2010
CONTACT(S):
- J.J. Acker by telephone at 801-537-9096, by FAX at 801-538-3081, or by E-mail at jacker@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/08/2010

R512-10. Youth Advocate Program

Fri, 01 Jan 2010 08:00:00 MST

No. 33256 (Amendment): Rule R512-10. Youth Advocate Program
SUMMARY: The proposed changes to this rule add the statutory authority for Child and Family Services to perform rulemaking duties, update the name of the program, and make minor formatting changes for consistency.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
CONTACT(S):
- Carol Miller by telephone at 801-557-1772, by FAX at 801-538-3993, or by E-mail at carolmiller@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/08/2010

R512-31. Foster Parent Due Process

Fri, 01 Jan 2010 08:00:00 MST

No. 33257 (Amendment): Rule R512-31. Foster Parent Due Process
SUMMARY: The proposed changes to this rule add the statutory authority for Child and Family Services to perform rulemaking duties and make minor formatting changes for consistency.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
CONTACT(S):
- Julene Jones by telephone at 801-538-4521, by FAX at 801-538-4424, or by E-mail at jhjones@utah.gov
- Carol Miller by telephone at 801-557-1772, by FAX at 801-538-3993, or by E-mail at carolmiller@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/08/2010

R512-42. Adoption by Relatives

Fri, 01 Jan 2010 08:00:00 MST

No. 33258 (Amendment): Rule R512-42. Adoption by Relatives
SUMMARY: The proposed changes to this rule add the statutory authority for Child and Family Services to perform rulemaking duties and make minor formatting changes for consistency.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
CONTACT(S):
- Julene Jones by telephone at 801-538-4521, by FAX at 801-538-4424, or by E-mail at jhjones@utah.gov
- Carol Miller by telephone at 801-557-1772, by FAX at 801-538-3993, or by E-mail at carolmiller@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/08/2010

R527-332. Unreimbursed Assistance Calculation

Fri, 01 Jan 2010 08:00:00 MST

No. 33261 (Amendment): Rule R527-332. Unreimbursed Assistance Calculation
SUMMARY: Section R527-332-1 was changed to the Authority and Purpose. The subsequent sections were renumbered accordingly. Section 62A-1-111 was added to the Authorizing, and Implemented or Interpreted Law section of the rule.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
CONTACT(S):
- LeAnn Wilber by telephone at 801-536-8950, by FAX at 801-536-8833, or by E-mail at lwilber@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/08/2010

R527-35. Non-IV-A Fee Schedule

Fri, 01 Jan 2010 08:00:00 MST

No. 33277 (Amendment): Rule R527-35. Non-IV-A Fee Schedule
SUMMARY: The change is to add an authority and purpose section to the existing rule. Section 62A-11-107 authorizes the Office of Recovery Services (ORS) to adopt, amend, and enforce rules as necessary. A purpose section was added to provide specific information regarding fees that may be charged by ORS on Non-IV-A cases and the exact amount of the fee for a specific situation on a case. In addition, the date of the Federal citation was updated to reflect the most recent available version of this section of the Federal Code. The implemented Federal citation was added to the list of Authorizing, Implemented, or Interpreted laws at the end of the rule.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
CONTACT(S):
- Shancie Nance by telephone at 801-536-8191, by FAX at 801-536-8833, or by E-mail at snance@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/08/2010

R527-412. Intercept of Unemployment Compensation

Fri, 01 Jan 2010 08:00:00 MST

No. 33243 (Amendment): Rule R527-412. Intercept of Unemployment Compensation
SUMMARY: Section R527-332-1 was changed to the Authority and Purpose statement. The subsequent section was renumbered accordingly. Sections 62A-1-111 and 62A-11-107 legal citations were added to the Authorizing, and Implemented or Interpreted Law section of the rule.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
CONTACT(S):
- LeAnn Wilber by telephone at 801-536-8950, by FAX at 801-536-8833, or by E-mail at lwilber@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/08/2010

R590-255. Utah NetCare Alternative Coverage Notification Rule

Fri, 01 Jan 2010 08:00:00 MST

No. 33260 (New Rule): Rule R590-255. Utah NetCare Alternative Coverage Notification Rule
SUMMARY: The purpose of this rule is to adopt a model letter as required by Section 31A-22-724, for insurers to provide to employers as required by Section 31A-22-716 of the code to notify an employee of the employee's options for alternative health coverage.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
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: 02/08/2010

R652-9-400. Filing Procedure

Fri, 01 Jan 2010 08:00:00 MST

No. 33269 (Amendment): Section R652-9-400. Filing Procedure
SUMMARY: This rule clarifies the procedure for filing a consistency review for a Division action. Currently, the statute states that an aggrieved party may appeal that action within 20 days of the action. The rule states an appeal must be received 20 days after the decision document is mailed. The rule change will reflect the statutory requirement of appealing within 20 days after the decision document in signed, not mailed.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
CONTACT(S):
- Jennifer Sullivan by telephone at 801-538-5495, by FAX at 801-533-4111, or by E-mail at jennifersullivan@utah.gov
- Dave Grierson by telephone at 801-538-5504, by FAX at 801-533-4111, or by E-mail at davegrierson@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/08/2010

R652-70-700. Permit Rates

Fri, 01 Jan 2010 08:00:00 MST

No. 33268 (Amendment): Section R652-70-700. Permit Rates
SUMMARY: This change discusses the permit rates for sovereign land use. The previous rule was unclear on how application and rental fees could be waived for public agencies.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
CONTACT(S):
- Jennifer Sullivan by telephone at 801-538-5495, by FAX at 801-533-4111, or by E-mail at jennifersullivan@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/08/2010

R652-90-600. Public Review

Fri, 01 Jan 2010 08:00:00 MST

No. 33276 (Amendment): Section R652-90-600. Public Review
SUMMARY: This rule allows the public to receive a Record of Decision or other document summarizing Division action on any planning process upon request. The previous rule was ambiguous on how a member of the public can get a copy of the Record of Decision for a comprehensive planning process, or a resource planning process. Under Division policy, posts the Record of Decision on the planning processes for comprehensive and resource planning processes.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
CONTACT(S):
- Jennifer Sullivan by telephone at 801-538-5495, by FAX at 801-533-4111, or by E-mail at jennifersullivan@utah.gov
- Dave Grierson by telephone at 801-538-5504, by FAX at 801-533-4111, or by E-mail at davegrierson@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/08/2010

R657-5-13. Areas With Special Restrictions

Fri, 01 Jan 2010 08:00:00 MST

No. 33271 (Amendment): Section R657-5-13. Areas With Special Restrictions
SUMMARY: The proposed revision to the above listed rule removes the firearm restriction in Salt Lake County.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
CONTACT(S):
- Staci Coons by telephone at 801-538-4718, by FAX at 801-538-4709, or by E-mail at stacicoons@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/08/2010

R657-37-9. Permit Allocation

Fri, 01 Jan 2010 08:00:00 MST

No. 33272 (Amendment): Section R657-37-9. Permit Allocation
SUMMARY: The proposed amendment to this rule will allow a landowner association to donate a CWMU voucher that has not been redeemed during the previous year to donate that voucher to a 501(c)(3) tax exempt organization providing certain criteria are met. The criteria is outlined in Subsections R657-37-9(10)(a), (b), and (c).
PUBLISHED/TO BE PUBLISHED: 01/01/2010
CONTACT(S):
- Staci Coons by telephone at 801-538-4718, by FAX at 801-538-4709, or by E-mail at stacicoons@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/08/2010

R746-312. Electrical Interconnection

Fri, 01 Jan 2010 08:00:00 MST

No. 32881 (Change in Proposed Rule): Rule R746-312. Electrical Interconnection
SUMMARY: The proposed rule implements standards for interconnection of electrical generating facilities to public utilities under the jurisdiction of the Public Service Commission. The proposed rule specifies the application procedures, technical requirements, evaluations, inspections and maintenance requirements, fees and time lines which pertain to interconnection of facilities to public utilities. The changes to the proposed rule are made to clarify proposed rule language due to comments made on the original proposed rule. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the September 1, 2009, issue of the Utah State Bulletin, on page 40. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)
PUBLISHED/TO BE PUBLISHED: 01/01/2010
CONTACT(S):
- Sandy Mooy by telephone at 801-530-6708, by FAX at 801-530-6796, or by E-mail at smooy@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/08/2010

R930-5. Establishment and Regulation of At-Grade Railroad Crossings

Fri, 01 Jan 2010 08:00:00 MST

No. 33274 (Repeal and Reenact): Rule R930-5. Establishment and Regulation of At-Grade Railroad Crossings
SUMMARY: The repeal and reenactment eliminates prescriptive design solutions and specific design criteria and instead, incorporates the information by reference to appropriate state and federal statutes and Industry manuals. The new rule updates definitions and references, consolidates appropriate sections, and eliminates redundant, confusing, and conflicting language. More specifically, Section R930-5-2 "Authority" was combined with the new Section R930-5-1; Section R930-5-3 "Purpose" was combined with the new Section R930-5-1; Section R930-5-13 "Apportionment of Costs" was combined with the new Section R930-5-9; Section R930-5-15 "Clearances" was eliminated. No new substantive provisions are added.
PUBLISHED/TO BE PUBLISHED: 01/01/2010
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: 02/08/2010