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Preview: Utah Administrative Rules Open for Public Comment

Utah Administrative Rules Open for Public Comment



Utah administrative rules that are currently open for public comment. This feed contains a summary of information published in the Utah State Bulletin.



Last Build Date: Tue, 17 Jan 2017 14:04:20 MST

 



Rule R27-1. Definitions

Sun, 15 Jan 2017 08:00:00 MDT

Administrative Services, Fleet Operations
No. 41105 (Amendment): Rule R27-1. Definitions
SUMMARY: The changes include replacing "DFO" with "division", adding an age restriction condition, clarifying the definition of "Commute Use", adding the definition of "Employee", and clarifying the definition of "Take-home Use".
PUBLISHED/TO BE PUBLISHED: 01/15/2017
CONTACT(S):
- Simone Rudas by telephone at 801-538-3240, by FAX at , or by E-mail at srudas@utah.gov
- Jeff Mottishaw by telephone at 801-538-3601, by FAX at , or by E-mail at jmottishaw@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/21/2017




Rule R27-4. Vehicle Replacement and Expansion of State Fleet

Sun, 15 Jan 2017 08:00:00 MDT

Administrative Services, Fleet Operations
No. 41107 (Amendment): Rule R27-4. Vehicle Replacement and Expansion of State Fleet
SUMMARY: A summary of the changes includes replacing references to "Department of Administrative Services" with "Governor's Office of Management and Budget", replacing "Division of Fleet Operations" and "DFO" with "division", correcting some grammatical errors, clarifying some redundant language, eliminating the requirement for review by staff of miscellaneous equipment upgrades, and adding the option of a cost-benefit analysis in reallocation or reassignment of agency-owned vehicles.
PUBLISHED/TO BE PUBLISHED: 01/15/2017
CONTACT(S):
- Simone Rudas by telephone at 801-538-3240, by FAX at , or by E-mail at srudas@utah.gov
- Jeff Mottishaw by telephone at 801-538-3601, by FAX at , or by E-mail at jmottishaw@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/21/2017




Rule R27-3. Vehicle Use Standards

Sun, 15 Jan 2017 08:00:00 MDT

Administrative Services, Fleet Operations
No. 41106 (Amendment): Rule R27-3. Vehicle Use Standards
SUMMARY: A summary of the changes includes replacing references to "Division of Fleet Operations" and "DFO" with "division", removing and correcting out- of-date citations, making grammatical corrections, clarifying language, clarifying that take-home use is not a taxable fringe benefit per IRS standards, clarifying that an agency executive director may approve commute and take-home use of state vehicles, clarifying exemption documentation procedure, removing the requirement to list all authorized drivers with the division's fleet information system, replacing the phrase "blatant disregard" with "intentional falsification", and adding withdrawal/suspension/revocation penalty condition for driving under the influence, reckless driving, or felony while operating a state or personal vehicle.
PUBLISHED/TO BE PUBLISHED: 01/15/2017
CONTACT(S):
- Simone Rudas by telephone at 801-538-3240, by FAX at , or by E-mail at srudas@utah.gov
- Jeff Mottishaw by telephone at 801-538-3601, by FAX at , or by E-mail at jmottishaw@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/21/2017




Section R156-16a-304. Continuing Education

Sun, 15 Jan 2017 08:00:00 MDT

Commerce, Occupational and Professional Licensing
No. 41110 (Amendment): Section R156-16a-304. Continuing Education
SUMMARY: This section is amended to provide that an optometrist may fulfill a portion of the optometrist's continuing education requirement by providing volunteer services within the scope of license in a qualified health care facility; for every four hours of such volunteer services, the licensee may receive one hour of continuing education credit, up to 15% of the required continuing education. Formatting changes were also made for clarification and correction, including correcting the reference to the continuing education requirements for optometrists who are controlled substance prescribers.
PUBLISHED/TO BE PUBLISHED: 01/15/2017
CONTACT(S):
- Larry Marx by telephone at 801-530-6254, by FAX at 801-530-6511, or by E-mail at lmarx@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/21/2017




Rule R156-67. Utah Medical Practice Act Rule

Sun, 15 Jan 2017 08:00:00 MDT

Commerce, Occupational and Professional Licensing
No. 41111 (Amendment): Rule R156-67. Utah Medical Practice Act Rule
SUMMARY: Subsection R156-67-302d(1) incorrectly references a statutory citation and this amendment is updating the citation to Subsection 58-67-302(1)(f). Section R156-67-302e is being deleted in its entirety because it is no longer necessary; all testing prerequisites listed in this section are already required for physicians and surgeons prior to graduation and entrance to residency programs. The amendments to Subsection R156-67-304(1) make minor formatting changes throughout for clarification; and Subsection R156-67-304(2) provides that physicians/surgeons may fulfill a portion of their continuing education requirement by providing volunteer health care services within the scope of license in a qualified health care facility. For every four hours of such volunteer services, a licensee may receive one hour of continuing education credit, up to 15% of the required continuing education.
PUBLISHED/TO BE PUBLISHED: 01/15/2017
CONTACT(S):
- Larry Marx by telephone at 801-530-6254, by FAX at 801-530-6511, or by E-mail at lmarx@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/21/2017




Section R156-68-304. Qualified Continuing Professional Education

Sun, 15 Jan 2017 08:00:00 MDT

Commerce, Occupational and Professional Licensing
No. 41112 (Amendment): Section R156-68-304. Qualified Continuing Professional Education
SUMMARY: This section is amended to make minor formatting changes throughout for clarification and to provide that an osteopathic physician/surgeon may fulfill a portion of the continuing education requirement by providing volunteer services within the scope of license in a qualified health care facility. For every four hours of such volunteer services, the licensee may receive one hour of continuing education credit, up to 15% of the required continuing education.
PUBLISHED/TO BE PUBLISHED: 01/15/2017
CONTACT(S):
- Larry Marx by telephone at 801-530-6254, by FAX at 801-530-6511, or by E-mail at lmarx@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/21/2017




Rule R495-885. Employee Background Screenings

Sun, 15 Jan 2017 08:00:00 MDT

Human Services, Administration
No. 41114 (Amendment): Rule R495-885. Employee Background Screenings
SUMMARY: While many divisions and offices of the Department of Human Services (DHS) do employee background screenings, this rule would streamline a process Department wide. In the assessment of processes and resources, it has been determined that DHS will be buying into the DACS background screening database system owned and managed by the Department of Health. This memorandum of understanding (MOU) is nearly complete between the two departments, and programming on the system will be done in 2017. Until then, the status quo processes of background checking will continue in DHS. To ideally manage employee background screenings, the DACS system will be used. This will also be the pilot for moving all background screenings done by the Office of Licensing into that system that was largely built with federal funds and is utilized now by the Department of Health.
PUBLISHED/TO BE PUBLISHED: 01/15/2017
CONTACT(S):
- Diane Moore by telephone at 801-538-4235, by FAX at 801-538-4553, or by E-mail at dmoore@utah.gov
- Julene Robbins by telephone at 801-538-4521, by FAX at 801-538-3942, or by E-mail at jhjonesrobbins@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/21/2017




Rule R746-100. Practice and Procedures Governing Formal Hearings

Sun, 15 Jan 2017 08:00:00 MDT

Public Service Commission, Administration
No. 41115 (Repeal): Rule R746-100. Practice and Procedures Governing Formal Hearings
SUMMARY: Rule R746-100 is repealed in its entirety, and the rules governing administrative proceedings before the Commission are set forth in the new Rule R746-1 which is filed concurrently with this repeal.
PUBLISHED/TO BE PUBLISHED: 01/15/2017
CONTACT(S):
- Jennie Jonsson by telephone at 801-530-6763, by FAX at , or by E-mail at jjonsson@utah.gov
- Sheri Bintz by telephone at 801-530-6714, by FAX at 801-530-6796, or by E-mail at sbintz@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/21/2017




Rule R746-1. Public Service Commission Administrative Procedures Act Rule

Sun, 15 Jan 2017 08:00:00 MDT

Public Service Commission, Administration
No. 41116 (New Rule): Rule R746-1. Public Service Commission Administrative Procedures Act Rule
SUMMARY: Existing provisions are reorganized and clarified. Specifically, lengthy subsections of text are broken apart and each substantive provision numbered according to the statutory numbering scheme. In addition, the new rule makes some substantive changes to existing provisions and introduces new regulations as follows: 1) definitions and regulations that are set forth in statute are eliminated from the rules; 2) defined terms that are not used again in the body of the rule are deleted from the definition section; 3) requests for agency action that are defined to include informal proceedings: a) an unopposed petition for a certificate of public convenience and necessity; b) an unopposed request for acknowledgment or approval of a telecommunications utility's name change; and c) an unopposed request for acknowledgment or approval of a merger, acquisition, or similar organizational restructuring that does not alter or affect the services provided by a telecommunications utility; 4) language that is informational or explanatory, but that does not set forth a requirement or prohibition is eliminated, see Subsection R746-100-3(B)(1) for example; 5) rules governing representation of parties are clarified by reference to the Utah Supreme Court Rules of Professional Practice; 6) rules governing filing of petitions, testimony, etc. are updated to require electronic filing, either by e-mail or through a secure server, except in extenuating circumstances, and also new language requires specific information in electronic file names, with potential penalties for failure to comply; 7) an existing rule, which requires that a motion to dismiss be filed before a responsive pleading is filed, is deleted; 8) new language establishes the Commission's obligation to comply with the Utah Government Records Access and Management Act; 9) an existing rule, which requires parties to file joint exhibits prior to hearing, is deleted; 10) an existing rule, which allows a non-party to provide sworn testimony subject to cross examination, is deleted; and 11) the rules governing provision of, use of, and access to confidential and highly confidential information are significantly modified, per requests and recommendations of the public utilities that regularly deal with such information.
PUBLISHED/TO BE PUBLISHED: 01/15/2017
CONTACT(S):
- Jennie Jonsson by telephone at 801-530-6763, by FAX at , or by E-mail at jjonsson@utah.gov
- Sheri Bintz by telephone at 801-530-6714, by FAX at 801-530-6796, or by E-mail at sbintz@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/21/2017




Rule R52-7. Horse Racing

Sun, 01 Jan 2017 08:00:00 MDT

Agriculture and Food, Horse Racing Commission (Utah)
No. 41102 (Amendment): Rule R52-7. Horse Racing
SUMMARY: The rule changes allow tests on horse to be conducted at the discretion of the veterinarian. It creates a separate definition of owners to clarify licensing issues. Further, it details how Lasix is to be administered and by whom.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
CONTACT(S):
- Scott Ericson by telephone at 801-538-7102, by FAX at 801-538-7126, or by E-mail at sericson@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: 02/07/2017




Rule R156-5a. Podiatric Physician Licensing Act Rule

Sun, 01 Jan 2017 08:00:00 MDT

Commerce, Occupational and Professional Licensing
No. 41047 (Amendment): Rule R156-5a. Podiatric Physician Licensing Act Rule
SUMMARY: Section R156-5a-302a is amended to conform to Subsection 58-5a-302(5), increasing postgraduate training residency requirements from 12 months to 2 years. Minor formatting changes are also made throughout. Section R156-5a-302b proposes to amend this rule to update the licensing exam requirements as follows: 1) eliminate the Utah Podiatric law exam; and 2) delete the proof of eligibility requirement for the National Board of Podiatric Medical Education ( NBPME) and PMLexis exams, as successful completion of these exams is already required for graduation from a podiatric physician school. Section R156-5a-304 is amended to implement H.B. 186 (2016). The amended section allows a podiatric physician to fulfill a portion of the physician's continuing education requirement by providing volunteer health care services in a qualified health care facility. For every four hours of volunteer health care services, the podiatric physician may receive one hour of continuing education credit, up to 15% of the required continuing education. Minor formatting changes are also made throughout. Section R156-5a-305 is amended to correct a statute citation to the radiology courses approved by the Podiatric Physician Board.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
CONTACT(S):
- Larry Marx by telephone at 801-530-6254, by FAX at 801-530-6511, or by E-mail at lmarx@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/07/2017




Rule R277-113. LEA Fiscal Policies and Accountability

Sun, 01 Jan 2017 08:00:00 MDT

Education, Administration
No. 41073 (Amendment): Rule R277-113. LEA Fiscal Policies and Accountability
SUMMARY: The changes to Rule R277-113 provide new and amended definitions; provide updated procedures to clarify responsibilities of a local education agency (LEA); provide updated procedures and requirements for required LEA fiscal policies; and provide technical and conforming changes throughout the rule.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
CONTACT(S):
- Angela Stallings by telephone at 801-538-7656, by FAX at 801-538-7768, or by E-mail at angie.stallings@schools.utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/07/2017




Rule R277-114. Corrective Action and Withdrawal or Reduction of Program Funds

Sun, 01 Jan 2017 08:00:00 MDT

Education, Administration
No. 41074 (Amendment): Rule R277-114. Corrective Action and Withdrawal or Reduction of Program Funds
SUMMARY: The amendments to Rule R277-114 provide additional methods of corrective action and appeals for an LEA that has been placed on a correction action plan; and provide technical and conforming changes throughout the rule.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
CONTACT(S):
- Angela Stallings by telephone at 801-538-7656, by FAX at 801-538-7768, or by E-mail at angie.stallings@schools.utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/07/2017




Rule R277-521. National Board Certification Reimbursement

Sun, 01 Jan 2017 08:00:00 MDT

Education, Administration
No. 41075 (New Rule): Rule R277-521. National Board Certification Reimbursement
SUMMARY: This new Rule R277-521 provides definitions and application procedures for an eligible educator to be reimbursed costs paid to attain or renew a National Board certification.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
CONTACT(S):
- Angela Stallings by telephone at 801-538-7656, by FAX at 801-538-7768, or by E-mail at angie.stallings@schools.utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/07/2017




Rule R277-752. Special Education Intensive Services Fund

Sun, 01 Jan 2017 08:00:00 MDT

Education, Administration
No. 41076 (New Rule): Rule R277-752. Special Education Intensive Services Fund
SUMMARY: This new Rule R277-752 provides definitions and an application and distribution formula process for a local education agency (LEA) to receive an annual allocation from the special education intensive services fund.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
CONTACT(S):
- Angela Stallings by telephone at 801-538-7656, by FAX at 801-538-7768, or by E-mail at angie.stallings@schools.utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/07/2017




Rule R277-106. Utah Professional Practices Advisory Commission Appointment Process

Sun, 01 Jan 2017 08:00:00 MDT

Education, Administration
No. 41086 (Amendment): Rule R277-106. Utah Professional Practices Advisory Commission Appointment Process
SUMMARY: The changes to Rule R277-106 update procedures to clarify the nominating and application process for UPPAC membership and selection; and provide technical and conforming changes throughout the rule.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
CONTACT(S):
- Angela Stallings by telephone at 801-538-7656, by FAX at 801-538-7768, or by E-mail at angie.stallings@schools.utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/07/2017




Rule R277-210. Utah Professional Practices Advisory Commission (UPPAC), Definitions

Sun, 01 Jan 2017 08:00:00 MDT

Education, Administration
No. 41087 (Amendment): Rule R277-210. Utah Professional Practices Advisory Commission (UPPAC), Definitions
SUMMARY: The changes to Rule R277-210 update the definition of NASDTEC Educator Information Clearinghouse to include those educators being placed on probation or receiving a letter of reprimand.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
CONTACT(S):
- Angela Stallings by telephone at 801-538-7656, by FAX at 801-538-7768, or by E-mail at angie.stallings@schools.utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/07/2017




Section R277-211-6. Proposed Consent to Discipline

Sun, 01 Jan 2017 08:00:00 MDT

Education, Administration
No. 41088 (Amendment): Section R277-211-6. Proposed Consent to Discipline
SUMMARY: The changes to Rule R277-211 update the rule to include, in the notification and reporting requirements, those educators being placed on probation or receiving a letter of reprimand.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
CONTACT(S):
- Angela Stallings by telephone at 801-538-7656, by FAX at 801-538-7768, or by E-mail at angie.stallings@schools.utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/07/2017




Rule R277-212. UPPAC Hearing Procedures and Reports

Sun, 01 Jan 2017 08:00:00 MDT

Education, Administration
No. 41089 (Amendment): Rule R277-212. UPPAC Hearing Procedures and Reports
SUMMARY: The changes to Rule R277-212 update the rule to include, in the notification and reporting requirements, those educators being placed on probation or receiving a letter of reprimand.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
CONTACT(S):
- Angela Stallings by telephone at 801-538-7656, by FAX at 801-538-7768, or by E-mail at angie.stallings@schools.utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/07/2017




Rule R277-409. Public School Membership in Associations

Sun, 01 Jan 2017 08:00:00 MDT

Education, Administration
No. 41090 (Amendment): Rule R277-409. Public School Membership in Associations
SUMMARY: The amendments to Rule R277-409 provide two new sections. Section R277-409-4 provides procedures for transferring student eligibility to participate in association activities, and Section R277-409-5 provides procedures for appeals of association actions.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
CONTACT(S):
- Angela Stallings by telephone at 801-538-7656, by FAX at 801-538-7768, or by E-mail at angie.stallings@schools.utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/07/2017




Rule R277-425. Budgeting, Accounting, and Auditing for Utah Local Education Agencies (LEAs)

Sun, 01 Jan 2017 08:00:00 MDT

Education, Administration
No. 41091 (Repeal): Rule R277-425. Budgeting, Accounting, and Auditing for Utah Local Education Agencies (LEAs)
SUMMARY: Rule R277-425 specifies uniform budgeting, accounting, and auditing procedures for LEAs consistent with Generally Accepted Accounting Principles (GAAP) and Generally Accepted Auditing Standards (GAAS). These provisions are moved to Rule R277-113; therefore, the rule is being repealed in its entirety.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
CONTACT(S):
- Angela Stallings by telephone at 801-538-7656, by FAX at 801-538-7768, or by E-mail at angie.stallings@schools.utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/07/2017




Rule R277-526. Paraeducator to Teacher Scholarship Program

Sun, 01 Jan 2017 08:00:00 MDT

Education, Administration
No. 41092 (Amendment): Rule R277-526. Paraeducator to Teacher Scholarship Program
SUMMARY: The changes to Rule R277-526 provide revised definitions, clarification of Board involvement in the scholarship committee, and add additional criteria for determining funding for applicants. Technical and conforming changes are also provided throughout the rule.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
CONTACT(S):
- Angela Stallings by telephone at 801-538-7656, by FAX at 801-538-7768, or by E-mail at angie.stallings@schools.utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/07/2017




Rule R277-602. Special Needs Scholarships - Funding and Procedures

Sun, 01 Jan 2017 08:00:00 MDT

Education, Administration
No. 41093 (Amendment): Rule R277-602. Special Needs Scholarships - Funding and Procedures
SUMMARY: The responsibilities of parents, local education agencies, the Utah State Board of Education, and private schools that receive special needs scholarship funding are amended to clarify program requirements. Technical and conforming changes are also made.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
CONTACT(S):
- Angela Stallings by telephone at 801-538-7656, by FAX at 801-538-7768, or by E-mail at angie.stallings@schools.utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/07/2017




Rule R277-915. Work-Based Learning Programs for Interns

Sun, 01 Jan 2017 08:00:00 MDT

Education, Administration
No. 41094 (Amendment): Rule R277-915. Work-Based Learning Programs for Interns
SUMMARY: The amendments to Rule R277-915 provide changes to definitions and move provisions from Rule R277-916 to this rule.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
CONTACT(S):
- Angela Stallings by telephone at 801-538-7656, by FAX at 801-538-7768, or by E-mail at angie.stallings@schools.utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/07/2017




Rule R307-842. Lead-Based Paint Activities

Sun, 01 Jan 2017 08:00:00 MDT

Environmental Quality, Air Quality
No. 41101 (Amendment): Rule R307-842. Lead-Based Paint Activities
SUMMARY: These amendments reduce the training burden and costs to the regulated community by allowing electronic training as an option for the LBP renovator refresher course.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
CONTACT(S):
- Ryan Stephens by telephone at 801-536-4419, by FAX at 801-536-0085, or by E-mail at rstephens@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/07/2017




Rule R307-125. Clean Air Retrofit, Replacement, and Off-Road Technology Program

Sun, 01 Jan 2017 08:00:00 MDT

Environmental Quality, Air Quality
No. 41099 (Amendment): Rule R307-125. Clean Air Retrofit, Replacement, and Off-Road Technology Program
SUMMARY: The 50% limit on the percentage of CARROT funds that may be used toward a program like the Lawn Mower Exchange has been eliminated. If this rule is adopted, any percentage of the CARROT funds may be used for the Lawn Mower Exchange Program.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
CONTACT(S):
- Ryan Stephens by telephone at 801-536-4419, by FAX at 801-536-0085, or by E-mail at rstephens@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/08/2017




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

Sun, 01 Jan 2017 08:00:00 MDT

Environmental Quality, Air Quality
No. 41100 (Amendment): Rule R307-841. Residential Property and Child-Occupied Facility Renovation
SUMMARY: These amendments reduce the training burden and costs to the regulated community by allowing electronic training as an option for the LBP renovator refresher course.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
CONTACT(S):
- Ryan Stephens by telephone at 801-536-4419, by FAX at 801-536-0085, or by E-mail at rstephens@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/07/2017




Rule R414-504. Nursing Facility Payments

Sun, 01 Jan 2017 08:00:00 MDT

Health, Health Care Financing, Coverage and Reimbursement Policy
No. 41054 (Amendment): Rule R414-504. Nursing Facility Payments
SUMMARY: This amendment includes language that removes ambiguity and clarifies requirements for the QI Incentive applications.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
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: 02/07/2017




Section R414-302-6. Residents of Institutions

Sun, 01 Jan 2017 08:00:00 MDT

Health, Health Care Financing, Coverage and Reimbursement Policy
No. 41070 (Amendment): Section R414-302-6. Residents of Institutions
SUMMARY: The Centers for Medicaid and Medicare Services has clarified that individuals who reside in certain halfway houses are eligible for Federal Financial Participation (FFP). This amendment, therefore, allows an individual who resides in a qualified halfway house to receive Medicaid coverage. Based upon the "quick enrollment" pilot project with state prisons, the Department anticipates that less than 15 individuals will qualify for Medicaid. This amendment also updates incorporations by reference, removes language associated with the incorporations, and makes other technical changes.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
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: 02/07/2017




Section R414-1-5. Incorporations by Reference

Sun, 01 Jan 2017 08:00:00 MDT

Health, Health Care Financing, Coverage and Reimbursement Policy No. 41104 (Amendment): Section R414-1-5. Incorporations by Reference SUMMARY: The Department incorporates by reference the Utah Medicaid State Plan and approved State Plan Amendments (SPAs) to 01/01/2017. Specifically, the Department incorporates by reference the following SPAs: SPA 16-0003-UT Mandatory Coverage for Pregnant Women, which updates mandatory coverage for pregnant women with accompanying applications for food stamps, financial assistance, child care, and medical assistance; SPA 16- 0004-UT General Eligibility Requirements, which updates general eligibility requirements with accompanying applications for food stamps, financial assistance, child care, medical assistance, and combined medical assistance programs; SPA 16-0005-UT Presumptive Eligibility by Hospitals, which updates presumptive eligibility by hospitals with accompanying applications for both combined medical assistance programs and hospital presumptive eligibility; and SPA 16-0027-UT Medicaid Recovery Audit Contractors, which reimburses recovery audit contractors on a flat-fee basis rather than a contingency basis for the work of identifying overpayments and underpayments in the Medicaid program. This proposed rule also incorporates by reference the following Medicaid provider manuals: Medical Supplies and Durable Medical Equipment Utah Medicaid Provider Manual, and the manual's attachment for Donor Human Milk Request Form, effective 01/01/2017; Hospital Services Utah Medicaid Provider Manual with its attachments, effective 01/01/2017; the Home Health Agencies Utah Medicaid Provider Manual, and the manual's attachment for the Private Duty Nursing Acuity Grid, effective 01/01/2017; the Speech-Language Pathology and Audiology Services Utah Medicaid Provider Manual, effective 01/01/2017; the Hospice Care Utah Medicaid Provider Manual, and the manual's attachment for the Utah Medicaid Prior Authorization Request for Hospice Services, effective 01/01/2017; the Long Term Care Services in Nursing Facilities Utah Medicaid Provider Manual, with its attachments, effective 01/01/2017; the Utah Home and Community-Based Waiver Services for Individuals Age 65 or Older Utah Medicaid Provider Manual, effective 01/01/2017; the Personal Care Utah Medicaid Provider Manual, and the manual's attachment for the Request for Prior Authorization: Personal Care and Capitated Programs effective 01/01/2017; the Utah Home and Community-Based Waiver Services for Individuals with an Acquired Brain Injury Utah Medicaid Provider Manual, effective 01/01/2017; Utah Community Supports Waiver for Individuals with Intellectual Disabilities or Other Related Conditions Utah Medicaid Provider Manual, effective 01/01/2017; the Utah Home and Community-Based Services Waiver for Individuals with Physical Disabilities Utah Medicaid Provider Manual, effective 01/01/2017; the Utah Home and Community-Based Waiver Services New Choices Waiver Utah Medicaid Provider Manual, effective 01/01/2017; the Utah Home and Community-Based Services Waiver for Technology Dependent, Medically Fragile Individuals Utah Medicaid Provider Manual, effective 01/01/2017; the Utah Home and Community-Based Waiver Services Medicaid Autism Waiver Utah Medicaid Provider M[...]



Rule R432-270. Assisted Living Facilities

Sun, 01 Jan 2017 08:00:00 MDT

Health, Family Health and Preparedness, Licensing
No. 41056 (Amendment): Rule R432-270. Assisted Living Facilities
SUMMARY: The rule amendment is to add requirements for all staff to receive dementia-specific training during orientation and yearly, as well as to require the facility administrator to obtain four hours of dementia/Alzheimer's-specific training per year. This amendment also amends and deletes unnecessary requirements.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
CONTACT(S):
- Carmen Richins by telephone at 801-273-2802, by FAX at 801-274-0658, or by E-mail at carmenrichins@utah.gov
- Joel Hoffman by telephone at 801-273-2804, by FAX at 801-274-0658, or by E-mail at jhoffman@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/07/2017




Rule R497-100. Adjudicative Proceedings

Sun, 01 Jan 2017 08:00:00 MDT

Human Services, Administration, Administrative Hearings
No. 41057 (Amendment): Rule R497-100. Adjudicative Proceedings
SUMMARY: This amendment establishes a default burden of proof for DHS where none is otherwise stated. It establishes the result of failing to request a hearing in a timely manner in certain cases, and it clarifies the public's right to be represented by an attorney or non-attorney in informal adjudicative proceedings.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
CONTACT(S):
- Sonia Sweeney by telephone at 801-538-8241, by FAX at 801-538-4604, or by E-mail at ssweeney@utah.gov
- Julene Robbins by telephone at 801-538-4521, by FAX at 801-538-3942, or by E-mail at jhjonesrobbins@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/07/2017




Rule R657-62. Drawing Application Procedures

Sun, 01 Jan 2017 08:00:00 MDT

Natural Resources, Wildlife Resources
No. 41098 (Amendment): Rule R657-62. Drawing Application Procedures
SUMMARY: This rule is being amended to change the process in the drawings when preference points are used. The new process would evaluate applicants' first hunt choice first, beginning with the applications with the greatest number of preference points, then applicants second hunt choice, and so forth. In addition, a person would lose the preference points if that person draws out for a general season buck deer permit, regardless of the hunt choice drawn out on (1st to 5th).
PUBLISHED/TO BE PUBLISHED: 01/01/2017
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: 02/07/2017




Section R671-311-3. Earned Time Adjustments

Sun, 01 Jan 2017 08:00:00 MDT

Pardons (Board Of), Administration
No. 41081 (Amendment): Section R671-311-3. Earned Time Adjustments
SUMMARY: Programs that qualify for the Earned Time adjustment are approved by the Board in collaboration with the Department of Corrections, as required by Subsection 77-27-5.4(2)(a)(ii). Earned time credits may be forfeit if the Board determines a rescission hearing is necessary in accordance with Subsection 77-27-5.4(4). Individuals without a release date or who have not met a contingency are not eligible for the Earned Time Program, see Subsection 77-27- 5.4(3).
PUBLISHED/TO BE PUBLISHED: 01/01/2017
CONTACT(S):
- Greg Johnson by telephone at 801-261-6454, by FAX at 801-261-6481, or by E-mail at gregjohnson@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/07/2017




Rule R856-5. USTAR Energy Research Triangle Professors Grant

Sun, 01 Jan 2017 08:00:00 MDT

Science Technology and Research Governing Auth., Administration
No. 41096 (New Rule): Rule R856-5. USTAR Energy Research Triangle Professors Grant
SUMMARY: This rule establishes the USTAR Energy Research Triangle Professors grant program is a collaborative effort between USTAR and the Utah Governor's Office of Energy Development (GOED) and will be administered according to this rule. Grants provide funding for projects in which research teams from at least three Utah non-profit higher education institutions collaborate to address energy related technical challenges important to economic growth in the state of Utah. Anticipated duration of projects will be 12 to 18 months. Funding must be budgeted by state fiscal year (July 1 through June 30) and funding will be dependent on meeting milestones and continued USTAR/GOED appropriation.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
CONTACT(S):
- Thom Williams by telephone at 801-538-8633, by FAX at , or by E-mail at thomwilliams@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/07/2017




Rule R856-6. USTAR Energy Research Triangle Scholars Grant

Sun, 01 Jan 2017 08:00:00 MDT

Science Technology and Research Governing Auth., Administration
No. 41097 (New Rule): Rule R856-6. USTAR Energy Research Triangle Scholars Grant
SUMMARY: This rule establishes the USTAR Energy Research Triangle Scholars grant program is a collaborative effort between USTAR and the Utah Governor's Office of Energy Development and will be administered according to these rules. Grants provide funding to university faculty research professors for student-led projects that seek to address technical challenges related to energy issues important to economic growth in the state of Utah. Anticipated duration of projects will be 12-18 months. Funding must be budgeted by state fiscal year (July 1 through June 30) and funding will be dependent on meeting milestones and continued USTAR appropriation.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
CONTACT(S):
- Thom Williams by telephone at 801-538-8633, by FAX at , or by E-mail at thomwilliams@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/07/2017




Rule R856-4. USTAR Science Technology Initiation Grant

Sun, 01 Jan 2017 08:00:00 MDT

Science Technology and Research Governing Auth., Administration
No. 41095 (New Rule): Rule R856-4. USTAR Science Technology Initiation Grant
SUMMARY: The Science Technology Initiation Grant (STIG) provides grants to support university-affiliated researchers to develop preliminary data and to conduct proof of concept experiments or other precursor research activities required to pursue larger, commercially-oriented grants from a federal agency, grant making foundation, industry or related entity. The goal of STIG is to increase the amount of external research funding received by Utah's universities, promote interdisciplinary and cross-university collaboration and strengthen the research and development capacity at state universities in commercially-oriented areas aligned to existing state industry sectors. STIGs are to be administered to the university that employs the applicant.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
CONTACT(S):
- Thom Williams by telephone at 801-538-8633, by FAX at , or by E-mail at thomwilliams@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/07/2017




Rule R914-3. Aircraft Registration Enforcement

Sun, 01 Jan 2017 08:00:00 MDT

Transportation, Operations, Aeronautics
No. 40937 (Change in Proposed Rule): Rule R914-3. Aircraft Registration Enforcement
SUMMARY: This change deletes Subsection R914-3-4(3) from the new rule. (DAR NOTE: The original proposed new rule upon which this change in proposed rule (CPR) was based was published in the December 1, 2016, issue of the Utah State Bulletin, on page 114. 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 CPR 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: 01/01/2017
CONTACT(S):
- Jason Davis by telephone at 801-965-4895, by FAX at , or by E-mail at jasondavis@utah.gov
- Linda Hull by telephone at 801-965-4253, by FAX at , or by E-mail at lhull@utah.gov
- Michelle Jeronimo by telephone at 801-965-3883, by FAX at , or by E-mail at mjeronimo@utah.gov
- James Palmer by telephone at 801-965-4000, by FAX at 801-965-4338, or by E-mail at jimpalmer@utah.gov
- Christine Newman by telephone at 801-965-4026, by FAX at 801-965-4338, or by E-mail at cwnewman@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/07/2017




Section R926-13-4. Highways Within the State That Are Designated as State Scenic Byways

Sun, 01 Jan 2017 08:00:00 MDT

Transportation, Program Development
No. 41053 (Amendment): Section R926-13-4. Highways Within the State That Are Designated as State Scenic Byways
SUMMARY: This filing extends the Energy Loop Scenic Byway to include US-6 from SR-96 at Colton (MP 216.17) to the southern boundary of Helper (MP 233.72), and SR-10 from SR-31 (MP 47.58) to the Huntington State Park (MP 49.38).
PUBLISHED/TO BE PUBLISHED: 01/01/2017
CONTACT(S):
- Linda Hull by telephone at 801-965-4253, by FAX at , or by E-mail at lhull@utah.gov
- Michelle Jeronimo by telephone at 801-965-3883, by FAX at , or by E-mail at mjeronimo@utah.gov
- James Palmer by telephone at 801-965-4000, by FAX at 801-965-4338, or by E-mail at jimpalmer@utah.gov
- Christine Newman by telephone at 801-965-4026, by FAX at 801-965-4338, or by E-mail at cwnewman@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 02/07/2017




Section R994-405-2. Separations from a Temporary Help Company (THC)

Sun, 01 Jan 2017 08:00:00 MDT

Workforce Services, Unemployment Insurance
No. 41103 (Amendment): Section R994-405-2. Separations from a Temporary Help Company (THC)
SUMMARY: These changes are to reflect current Department practice and provide guidance for claimants and THC on how job separations are adjudicated.
PUBLISHED/TO BE PUBLISHED: 01/01/2017
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: 02/07/2017