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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, 13 Sep 2016 09:33:42 MDT

 



Rule R270-1. Award and Reparation Standards

Thu, 15 Sep 2016 08:00:00 MDT

Crime Victim Reparations, Administration
No. 40687 (Amendment): Rule R270-1. Award and Reparation Standards
SUMMARY: The definitions were amended to comply with statute, rule filing format issues were corrected, and other grammatical corrections and/or errors were made through the rule. There are also some clarifications that were added in the award section and victim services section, and the secondary victim section was deleted and incorporated in to the definition section.
PUBLISHED/TO BE PUBLISHED: 09/15/2016
CONTACT(S):
- Gary Scheller by telephone at 801-238-2362, by FAX at 801-533-4127, or by E-mail at garys@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 10/24/2016




Rule R270-2. Crime Victim Reparations Adjudicative Proceedings

Thu, 15 Sep 2016 08:00:00 MDT

Crime Victim Reparations, Administration
No. 40688 (Amendment): Rule R270-2. Crime Victim Reparations Adjudicative Proceedings
SUMMARY: Title changes were made throughout the rule.
PUBLISHED/TO BE PUBLISHED: 09/15/2016
CONTACT(S):
- Gary Scheller by telephone at 801-238-2362, by FAX at 801-533-4127, or by E-mail at garys@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 10/24/2016




Rule R270-3. ADA Complaint Procedure

Thu, 15 Sep 2016 08:00:00 MDT

Crime Victim Reparations, Administration
No. 40689 (Repeal): Rule R270-3. ADA Complaint Procedure
SUMMARY: The rule was adopted to establish grievance procedures to provide for prompt and equitable resolution of complaints alleging any action prohibited by Title II of the Americans with Disabilities Act, pursuant to 28 CFR 35.107, 1992 edition. The Office intends for the procedure to be implemented elsewhere. This rule is repealed in its entirety.
PUBLISHED/TO BE PUBLISHED: 09/15/2016
CONTACT(S):
- Gary Scheller by telephone at 801-238-2362, by FAX at 801-533-4127, or by E-mail at garys@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 10/24/2016




Rule R384-205. Opiate Overdose Outreach Pilot Program

Thu, 15 Sep 2016 08:00:00 MDT

Health, Disease Control and Prevention, Health Promotion
No. 40709 (New Rule): Rule R384-205. Opiate Overdose Outreach Pilot Program
SUMMARY: This rule establishes procedures and application processes pursuant to Title 26, Chapter 55, for the Utah Department of Health to provide funds to pay for the purchase of an opiate antagonist or to pay for the cost of providing training on the proper administration of an opiate antagonist in response to an opiate-related drug overdose event. This rule is being filed to replace the 120-day emergency rule in order to make the rule permanent.
PUBLISHED/TO BE PUBLISHED: 09/15/2016
CONTACT(S):
- Trisha Keller by telephone at 801-538-6865, by FAX at 801-538-9134, or by E-mail at trishakeller@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 10/24/2016




Section R649-3-32. Reporting of Undesirable Events

Thu, 15 Sep 2016 08:00:00 MDT

Natural Resources, Oil, Gas and Mining; Oil and Gas
No. 40716 (Amendment): Section R649-3-32. Reporting of Undesirable Events
SUMMARY: This rule section establishes standards for oil and gas companies to report the release of fluids or natural gas to the environment. The significant changes include restructuring this section for improved readability, clarifying that the division shall be notified of major and minor reportable events as described, increasing the quantity standard for natural gas from a transportation facility since it pertains to multiple wells and is reported on another form, and lowering the quantity standard for fluid release reporting to five barrels which matches an adjacent state.
PUBLISHED/TO BE PUBLISHED: 09/15/2016
CONTACT(S):
- Steve Schneider by telephone at 801-538-5328, by FAX at 801-359-3940, or by E-mail at steveschneider@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 11/01/2016




Rule R671-201. Original Hearing Schedule and Notice

Thu, 15 Sep 2016 08:00:00 MDT

Pardons (Board Of), Administration
No. 40708 (Amendment): Rule R671-201. Original Hearing Schedule and Notice
SUMMARY: Original hearings for individuals who committed a homicide offense as a minor will be set at less than 15 years. Original hearings for individuals sentenced to 3 years to life will be scheduled after the service of 12 months as opposed to the previous requirement of 3 years. (Editor's Note: A corresponding 120-day (emergency) rule filing to Rule R671-201 that is effective as of 08/25/2016 is under Filing No. 40707 in this issue, September 15, 2016, Bulletin.)
PUBLISHED/TO BE PUBLISHED: 09/15/2016
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: 10/31/2016




Section R746-343-16. New Technology Equipment Distribution Program (NTEDP)

Thu, 15 Sep 2016 08:00:00 MDT

Public Service Commission, Administration
No. 40685 (Amendment): Section R746-343-16. New Technology Equipment Distribution Program (NTEDP)
SUMMARY: The pilot program will begin with the effective date of this rule and conclude no later than 12/31/2018. All individuals interested in participating must submit an application to provide information about the nature of the applicant's hearing/speech challenge, to document the applicant's income level, and to confirm that the applicant is willing and able to provide feedback to the Commission during the pilot program. Initially, up to 25 participants will be selected to test tablet devices or cellular telephones. Additional participants may be included in the pilot program over time. Participants will be required to complete surveys, follow instructions from the Commission, and protect against loss of and damage to the devices provided under the pilot program. The Commission notes that the rule uses the terms "speech-impaired" and "hearing-impaired" to identify potential participants. The term "impaired" carries negative connotations, and the Commission regrets having to use it. However, where the term is included in the definition section of the statute under which this rule is promulgated, the Commission is hesitant to introduce a different term in rule.
PUBLISHED/TO BE PUBLISHED: 09/15/2016
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: 10/24/2016




Rule R746-310. Uniform Rules Governing Electricity Service by Electric Utilities

Thu, 15 Sep 2016 08:00:00 MDT

Public Service Commission, Administration
No. 40704 (Amendment): Rule R746-310. Uniform Rules Governing Electricity Service by Electric Utilities
SUMMARY: Presently, Rule R746-310 incorporates by reference the 2007 edition of the National Electrical Safety Code (NESC) and 2001 and 2006 editions of the American National Standards Institute's (ANSI) electricity industry codes. More recent versions of these codes have been adopted by their publishers. The rule presently incorporates a portion of the 2007 edition of the NESC, specifically "C2-2017", which covers basic provisions for safeguarding persons from hazards arising from the installation, operation, or maintenance of certain electric facilities and work rules for the construction, maintenance, and operation of those facilities. The 2017 version updates certain definitions, simplifies minimum approach tables and voltage exposure for arc flash, and clarifies certain engineering parameters with respect to wire attention and ungrounded portions of guys and swimming pools. With respect to the ANSI, the rule presently incorporates sections "C12.1-2001" and "C84.1-2006". The proposed change would update these to "C12.1-2014" and "C84.1-2011", respectively. The latter four digits in each section indicate the year the publisher adopted the referenced version. C12.1-2014 establishes acceptable performance criteria for new types of AC watthour meters, demand meters, demand registers, pulse devices, and auxiliary devices. The 2014 update contains several revisions to respond to changes in the industry, addressing performance requirements, accuracy tests, the effect of high voltage line surges, the effect of operating temperature, the effective of relative humidity, and establishing a testing schedule. C84.1-2011 establishes nominal voltage ratings and operating tolerances for 60-hertz electric power systems above 100 volts. It includes preferred voltage ratings up to and including 1,200 kV maximum system voltage, as defined in the standard. The 2011 edition updates a table to reflect changes in lighting characteristics.
PUBLISHED/TO BE PUBLISHED: 09/15/2016
CONTACT(S):
- Michael Hammer by telephone at 801-530-6729, by FAX at , or by E-mail at michaelhammer@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: 10/24/2016




Section R746-360-6. Eligibility for Fund Distributions

Thu, 15 Sep 2016 08:00:00 MDT

Public Service Commission, Administration
No. 40723 (Amendment): Section R746-360-6. Eligibility for Fund Distributions
SUMMARY: The business affordable base rate of $26 is repealed. The affordable base rate for all landline connections is $18.
PUBLISHED/TO BE PUBLISHED: 09/15/2016
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: 10/24/2016




Rule R916-7. Appeals to UDOT Decisions on, and Requesting Compliance with Nighttime Noise Permits

Thu, 15 Sep 2016 08:00:00 MDT

Transportation, Operations, Construction
No. 40683 (New Rule): Rule R916-7. Appeals to UDOT Decisions on, and Requesting Compliance with Nighttime Noise Permits
SUMMARY: This rule establishes a procedure for a local jurisdictional authority or local government to appeal the decision of the Department to conduct nighttime highway construction on roads in certain circumstances, and submitting requests to the Department to enforce the terms of a noise permit.
PUBLISHED/TO BE PUBLISHED: 09/15/2016
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: 10/24/2016




Rule R918-5. Construction or Improvement of Highway

Thu, 15 Sep 2016 08:00:00 MDT

Transportation, Operations, Maintenance
No. 40729 (New Rule): Rule R918-5. Construction or Improvement of Highway
SUMMARY: Section 72-6-107 requires construction or improvement projects with an estimated cost for labor and materials that exceeds the bid limit defined in Section 72-6-109 to be performed under contract awarded to the lowest responsible and responsive bidder. Construction or improvement projects with estimated costs for labor and materials lower than that bid limit may be performed by force account. Section 72-6-107 also directs the Department to establish a procedure whereby evidence that a region violated that law may be heard, and also directs the Department to establish sanctions for a region found to have violated Section 72-6-107. This rule establishes those procedures and sanctions.
PUBLISHED/TO BE PUBLISHED: 09/15/2016
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: 10/24/2016




Rule R930-7. Utility Accommodation

Thu, 15 Sep 2016 08:00:00 MDT

Transportation, Preconstruction
No. 40724 (Amendment): Rule R930-7. Utility Accommodation
SUMMARY: The amendment defines utility facilities as those directly serving the public. Utility facilities not directly serving the public are defined as private and indirect facilities. Utility facilities may access highway right-of-way under current license and permit requirements. Private and indirect facilities may be allowed longitudinal and site access (e.g. towers, poles, pads) to highway right-of-way by lease.
PUBLISHED/TO BE PUBLISHED: 09/15/2016
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: 10/24/2016




Rule R277-403. Student Reading Proficiency and Notice to Parents

Thu, 01 Sep 2016 08:00:00 MDT

Education, Administration
No. 40670 (Amendment): Rule R277-403. Student Reading Proficiency and Notice to Parents
SUMMARY: The report referenced in Rule R277-403 is removed as it is no longer required; the rule is updated to include specific names of assessments as required in statute to clarify and avoid the practice of simply repeating language in rule that is in statute; and technical and conforming changes are provided throughout the rule.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
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: 10/10/2016




Rule R277-419. Pupil Accounting

Thu, 01 Sep 2016 08:00:00 MDT

Education, Administration
No. 40671 (Amendment): Rule R277-419. Pupil Accounting
SUMMARY: The amendments to this rule provide clarification to student membership calculations and exceptions to the 180-day rule. Additional minor changes are provided.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
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: 10/10/2016




Rule R277-421. Out-of-State Tuition Reimbursement

Thu, 01 Sep 2016 08:00:00 MDT

Education, Administration
No. 40672 (New Rule): Rule R277-421. Out-of-State Tuition Reimbursement
SUMMARY: This new rule provides procedures for school districts to obtain Utah State Board of Education (Board) approval for reimbursement of out-of-state tuition expenses, calculating reimbursement costs, and recording out of state students in school district records.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
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: 10/10/2016




Rule R277-530. Utah Effective Teaching and Educational Leadership Standards

Thu, 01 Sep 2016 08:00:00 MDT

Education, Administration
No. 40673 (Amendment): Rule R277-530. Utah Effective Teaching and Educational Leadership Standards
SUMMARY: The amendments to Rule R277-530 provide updated definitions, a new section on educational school counselor standards, and technical and conforming changes.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
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: 10/10/2016




Rule R277-531. Public Educator Evaluation Requirements (PEER)

Thu, 01 Sep 2016 08:00:00 MDT

Education, Administration
No. 40674 (Amendment): Rule R277-531. Public Educator Evaluation Requirements (PEER)
SUMMARY: The amendments provide updated definitions including definitions for educator standards that incorporates teachers, educational leadership, and school counselors, and provides technical and conforming changes.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
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: 10/10/2016




Rule R277-606. Dropout Recovery Program

Thu, 01 Sep 2016 08:00:00 MDT

Education, Administration
No. 40675 (Amendment): Rule R277-606. Dropout Recovery Program
SUMMARY: The majority of the changes to the rule are updates related to the new legislation, including providing new and amended definitions, providing procedures for a local education agency (LEA) that enrolls an eligible student in a dropout prevention and recovery program, and providing updated reporting and audit requirements.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
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: 10/10/2016




Rule R277-711. High Quality School Readiness Expansion

Thu, 01 Sep 2016 08:00:00 MDT

Education, Administration
No. 40676 (New Rule): Rule R277-711. High Quality School Readiness Expansion
SUMMARY: This new Rule R277-711 provides definitions, grant application timelines, and responsibilities for the State Superintendent and LEAs to develop a tool to determine whether or not a school readiness program is a high-quality program and eligible for additional money to expand access for students most at risk to enter school less ready than their peers.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
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: 10/10/2016




Rule R277-712. Competency-based Grant Programs

Thu, 01 Sep 2016 08:00:00 MDT

Education, Administration
No. 40677 (New Rule): Rule R277-712. Competency-based Grant Programs
SUMMARY: This new Rule R277-712 provides definitions, advisory committee membership and duties, grant application procedures and timelines, and describes the criteria for awarding planning grants.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
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: 10/10/2016




Rule R277-750. Education Programs for Students with Disabilities

Thu, 01 Sep 2016 08:00:00 MDT

Education, Administration
No. 40678 (Amendment): Rule R277-750. Education Programs for Students with Disabilities
SUMMARY: The amendments to Rule R277-750 incorporate the Special Education Rules Manual by reference, provide an updated revision date of the manual, and provide technical and conforming changes.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
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: 10/10/2016




Rule R277-922. Digital Teaching and Learning Grant Program

Thu, 01 Sep 2016 08:00:00 MDT

Education, Administration
No. 40679 (New Rule): Rule R277-922. Digital Teaching and Learning Grant Program
SUMMARY: This new rule provides standards and procedures for establishing an application and grant review committee and process, and provides direction to LEAs participating in the Digital Teaching and Learning Grant Program.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
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: 10/10/2016




Rule R277-924. Partnerships for Student Success Grant Program

Thu, 01 Sep 2016 08:00:00 MDT

Education, Administration
No. 40680 (New Rule): Rule R277-924. Partnerships for Student Success Grant Program
SUMMARY: The amendments to Rule R277-924 provide definitions, procedures, and criteria for applying to participate in the grant program, and for awarding a grant.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
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: 10/10/2016




Rule R309-540. Facility Design and Operation: Pump Stations

Thu, 01 Sep 2016 08:00:00 MDT

Environmental Quality, Drinking Water
No. 40661 (Repeal and Reenact): Rule R309-540. Facility Design and Operation: Pump Stations
SUMMARY: Rule R309-540 will be repealed and a substantially reorganized rule with a new title, Facility Design and Operation: Pumping Facilities, will be reenacted in its place. Revisions to the current rule include deleting requirements that are unnecessary or without a logical or practical basis, revising requirements that are unnecessarily specific or overly broad to be useful in the design of pumping facilities, rewording unclear requirements, updating terms, and reorganizing the rule. Most of the current rule requirements are included in the proposed rule but many are reworded and organized differently. The proposed rule to be reenacted in place of the current rule is organized according to the following plan with the following changes: Section R309-540-1 has minor changes to reflect the proposed new title of the rule but is substantially the same as the current rule. Section R309-540-2 is unchanged. Section R309- 540-3 is unchanged. Section R309-540-4 is revised and greatly expanded to gather together in one place all requirements that generally apply to pumping facilities (pumps, pump stations, and hydropneumatic systems). Section R309-540-5 is revised to group together all requirements that apply specifically to pumps. Section R309-540-6 has a revised title and includes requirements that apply specifically to water distribution system booster pumps. Section R309- 540-7 is revised to include requirements that apply to pump station structures (buildings, wet wells, stairways/ladders, heating/lighting, ventilation, and remote stations). Section R309-540-8 revises and reorganizes requirements that apply to pressure tank systems.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
CONTACT(S):
- Bernie Clark by telephone at 801-536-0092, by FAX at , or by E-mail at bernieclark@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 10/10/2016




Rule R313-27. Medical Use Advisory Committee

Thu, 01 Sep 2016 08:00:00 MDT

Environmental Quality, Waste Management and Radiation Control, Radiation
No. 40666 (Repeal): Rule R313-27. Medical Use Advisory Committee
SUMMARY: Rule R313-27 is repealed in its entirety since the authority to make the rule does not exist.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
CONTACT(S):
- Ralph Bohn by telephone at 801-536-0212, by FAX at 801-536-0222, or by E-mail at rbohn@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 10/10/2016




Rule R384-415. Electronic-Cigarette Substance Standards

Thu, 01 Sep 2016 08:00:00 MDT

Health, Disease Control and Prevention, Health Promotion
No. 40632 (Amendment): Rule R384-415. Electronic-Cigarette Substance Standards
SUMMARY: The majority of the provisions for labeling have been removed from Rule R384-415, including the manufacturer's name, batch number, ingredients, tamper-evident warning, and the nicotine content. The rule's requirement for a safety warning on the label is amended to coincide with the requirements of the FDA Tobacco Control Act Deeming Rule. A separate safety warning specific to nicotine-free products has been added. The amended rule simplifies the restrictions on the retail sale of products that give the impression of a potential health benefit stimulant or are labeled as having colorants for emissions. The requirements limiting the variation of nicotine in a product have been removed. The provisions requiring products to feature tamper-evident packaging have been removed. The requirement that ingredients of electronic-cigarette substances meet certain manufacturing standards have been removed and replaced by a requirement that, by August 2019, the retailers can only sell products approved for sale by the FDA through their pre-market review or substantial equivalent application process. Record-keeping requirements that relate to deleted sections of the rule have been removed. This includes the requirement that retailers have a batch tracing system.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
CONTACT(S):
- Janae Duncan by telephone at 801-538-9273, by FAX at , or by E-mail at janaeduncan@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 10/10/2016




Rule R392-400. Temporary Mass Gatherings Sanitation

Thu, 01 Sep 2016 08:00:00 MDT

Health, Disease Control and Prevention, Environmental Services
No. 40662 (Amendment): Rule R392-400. Temporary Mass Gatherings Sanitation
SUMMARY: Citations to authorizing statutes now include Sections 26-1-5 and 26-1-30. The definition of a temporary mass gathering is changed to be 1,000 people for 2 hours or more per day. The definitions for "operator" and "wastewater" are clarified. Changes are made to accommodate the change from 500 to 1,000 people. Temporary mass gathering limits are changed from 30 days to 16 consecutive days. Requirements for medical personnel are clarified and simplified. Information to be included in applications is updated. Requirements for how permitting by the local health departments is accomplished and a subsection pertaining to appeals are removed since such requirements fall outside the purview of Title 26 and are covered in Title 26a. Parking areas are now included as part of an event site which would be required to be kept clean and in good repair. Changes are made to solid waste, site maintenance, drinking water, and waste water requirements.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
CONTACT(S):
- Chris Nelson by telephone at 801-538-6739, by FAX at , or by E-mail at chrisnelson@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 10/10/2016




Section R523-5-7. Requirements to Remain Qualified as an Adult Peer Support Specialist

Thu, 01 Sep 2016 08:00:00 MDT

Human Services, Substance Abuse and Mental Health
No. 40653 (Amendment): Section R523-5-7. Requirements to Remain Qualified as an Adult Peer Support Specialist
SUMMARY: The amendment is to change the number of hours of general mental health and/or substance use disorder training from 12 to 11.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
CONTACT(S):
- L Ray Winger by telephone at 801-538-4319, by FAX at 801-538-9892, or by E-mail at raywinger@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: 10/10/2016




Rule R539-1. Eligibility

Thu, 01 Sep 2016 08:00:00 MDT

Human Services, Services for People with Disabilities
No. 40648 (Amendment): Rule R539-1. Eligibility
SUMMARY: The rule change removes the lengthy and confusing listing of ICD references from rule and instead incorporates the use of the these codes by reference to internal Division Directive 1.40, titled "Qualifying Acquired Brain Injury Diagnoses". This amendment also makes needed changes to state rule and statute references that have become outdated over the past year.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
CONTACT(S):
- Jolene Hanna by telephone at 801-538-4154, by FAX at , or by E-mail at jhanna@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: 10/10/2016




Rule R655-3. Reports of Water Right Conveyance

Thu, 01 Sep 2016 08:00:00 MDT

Natural Resources, Water Rights
No. 40659 (Repeal and Reenact): Rule R655-3. Reports of Water Right Conveyance
SUMMARY: These rules are issued pursuant to Section 73-1-10 and Subsection 73-2-1(4)(1), which provide that the state engineer shall adopt rules that specify when a water right owner is authorized to prepare a Report of Conveyance to the state engineer; the kinds of information required in such reports; and the procedures for processing such reports. A brief summary of what was in the old rule that is not in the new version of the rule is mainly a list of examples that have been omitted and are now to be included in a training manual rather than the rule. Items that are in the new rule that are not in the old rule are an expanded list of definitions from the old rule; establishment of when maps are required and standards for title maps; and a clarification of the use of an addendum to update title as now authorized by statute.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
CONTACT(S):
- Marianne Burbidge by telephone at 801-538-7370, by FAX at 801-538-7467, or by E-mail at marianneburbidge@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 10/11/2016




Rule R655-17. Water Use Data Reporting and Verification

Thu, 01 Sep 2016 08:00:00 MDT

Natural Resources, Water Rights
No. 40660 (New Rule): Rule R655-17. Water Use Data Reporting and Verification
SUMMARY: The rule specifies what water use data a person shall report and how the Division of Water Rights shall validate data submitted.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
CONTACT(S):
- Marianne Burbidge by telephone at 801-538-7370, by FAX at 801-538-7467, or by E-mail at marianneburbidge@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 10/11/2016




Rule R765-431. State Authorization Reciprocity Agreement Rule

Thu, 01 Sep 2016 08:00:00 MDT

Regents (Board Of), Administration
No. 40658 (New Rule): Rule R765-431. State Authorization Reciprocity Agreement Rule
SUMMARY: This rule establishes definitions, application procedures, surety requirements, eligibility requirements, and complaint procedures for higher education institutions that wish to join the State Authorization Reciprocity Agreements. The reciprocity agreement allows participating member institutions to avoid licensing and costs of compliance from each state in which it provides educational activities.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
CONTACT(S):
- Geoff Landward by telephone at 801-321-7136, by FAX at , or by E-mail at glandward@ushe.edu
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 10/10/2016




Rule R856-1. Formation and Funding of Utah Science Technology and Research Innovation Teams

Thu, 01 Sep 2016 08:00:00 MDT

Science Technology and Research Governing Auth., Administration
No. 40655 (Repeal): Rule R856-1. Formation and Funding of Utah Science Technology and Research Innovation Teams
SUMMARY: This rule is repealed in its entirety due to recent legislation (S.B. 166 (2016)) making it inapplicable.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
CONTACT(S):
- Koa Perlac by telephone at 801-538-8622, by FAX at 801-538-8881, or by E-mail at kperlac@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 10/10/2016




Rule R856-2. Distribution of Utah Science Technology and Research Commercialization Revenues

Thu, 01 Sep 2016 08:00:00 MDT

Science Technology and Research Governing Auth., Administration
No. 40656 (Repeal): Rule R856-2. Distribution of Utah Science Technology and Research Commercialization Revenues
SUMMARY: This rule is repealed in its entirety due to recent legislation (S.B. 166) making it inapplicable.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
CONTACT(S):
- Koa Perlac by telephone at 801-538-8622, by FAX at 801-538-8881, or by E-mail at kperlac@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 10/10/2016




Rule R856-2. USTAR University-Industry Partnership Program Grants

Thu, 01 Sep 2016 08:00:00 MDT

Science Technology and Research Governing Auth., Administration
No. 40681 (New Rule): Rule R856-2. USTAR University-Industry Partnership Program Grants
SUMMARY: This rule establishes the USTAR Industry Partnership Program Grants and describes the eligibility, evaluation, and reporting criteria for the program including: 1) the form and process of submitting a grant application; 2) a description of the entities eligible to apply for a grant; and 3) the specific types of research projects eligible for a grant.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
CONTACT(S):
- Koa Perlac by telephone at 801-538-8622, by FAX at 801-538-8881, or by E-mail at kperlac@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 10/11/2016




Rule R856-1. USTAR Technology Acceleration Program Grants

Thu, 01 Sep 2016 08:00:00 MDT

Science Technology and Research Governing Auth., Administration
No. 40657 (New Rule): Rule R856-1. USTAR Technology Acceleration Program Grants
SUMMARY: This rule describes the eligibility, reporting, and other criteria required for an entity to receive a grant under Section 63M-2-503, including: 1) the form and process of submitting a grant application; 2) which entities are eligible to apply for a TAP grant; 3) specific categories of projects that are eligible for a TAP grant; 4) the criteria for awarding grants and determining grant amounts; and 5) the reporting requirements of grant recipients.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
CONTACT(S):
- Koa Perlac by telephone at 801-538-8622, by FAX at 801-538-8881, or by E-mail at kperlac@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 10/18/2016




Rule R856-3. USTAR University Technology Acceleration Grants

Thu, 01 Sep 2016 08:00:00 MDT

Science Technology and Research Governing Auth., Administration
No. 40682 (New Rule): Rule R856-3. USTAR University Technology Acceleration Grants
SUMMARY: This rule establishes the USTAR University Technology Acceleration Grants program and describes the eligibility criteria for an entity to receive a grant including: 1) the form and process of submitting a grant application; 2) a description of which entities are eligible to apply for a grant; 3) the specific categories of projects that are eligible for a UTAG; and 4) the criteria for awarding grants and determining grant amount.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
CONTACT(S):
- Koa Perlac by telephone at 801-538-8622, by FAX at 801-538-8881, or by E-mail at kperlac@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 10/11/2016




Rule R914-1. Rules and Regulations

Thu, 01 Sep 2016 08:00:00 MDT

Transportation, Operations, Aeronautics
No. 40663 (Amendment): Rule R914-1. Rules and Regulations
SUMMARY: This amendment deletes Section R914-1-3 and renumbers Sections R914-1-4 and R914-1-5.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
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: 10/10/2016




Rule R926-3. Class B and Class C Road Funds

Thu, 01 Sep 2016 08:00:00 MDT

Transportation, Program Development
No. 40664 (Amendment): Rule R926-3. Class B and Class C Road Funds
SUMMARY: This amendment adds a subsection to Rule R926-3 that recognizes the full authority of local governments to use class B and C road funds by cooperative agreement as authorized by the "Regulations Governing Class B and Class C Road Funds" dated 09/11/2015. The amendment also makes one minor grammar change.
PUBLISHED/TO BE PUBLISHED: 09/01/2016
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: 10/10/2016




Section R156-15A-231. Administration of Building Code Training Fund and Factory Built Housing Fees Account

Mon, 15 Aug 2016 08:00:00 MDT

Commerce, Occupational and Professional Licensing
No. 40622 (Amendment): Section R156-15A-231. Administration of Building Code Training Fund and Factory Built Housing Fees Account
SUMMARY: Subsection R156-15A-231(4) specifies the considerations in determining whether to recommend approval for a proposed funding request. Subsection R156-15A-231(4)(b) adds a consideration of whether the grant applicant agrees to charge a cost for the training event, class, or seminar, which is uniform across all categories of attendees. Subsection R156-15A-231(4)(f)(ii) adds a consideration of whether the grant applicant agrees that all printed advertising materials as specified in Subsection R156-15A-231(4)(f) will comply with Subsection R156-15A-231(4)(b).
PUBLISHED/TO BE PUBLISHED: 08/15/2016
CONTACT(S):
- Robyn Barkdull by telephone at 801-530-6727, by FAX at 801-530-6511, or by E-mail at rbarkdull@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 09/21/2016




Section R671-302-1. Open Hearings

Mon, 15 Aug 2016 08:00:00 MDT

Pardons (Board Of), Administration
No. 40617 (Amendment): Section R671-302-1. Open Hearings
SUMMARY: The proposed change provides clarity about who may testify at a hearing by adding references to Rule R671-203, Victim Input, and Rule R671- 308, Offender Assistance at Hearings.
PUBLISHED/TO BE PUBLISHED: 08/15/2016
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: 09/21/2016




Rule R671-204. Hearing Continuances

Mon, 15 Aug 2016 08:00:00 MDT

Pardons (Board Of), Administration
No. 40618 (Amendment): Rule R671-204. Hearing Continuances
SUMMARY: Inmates or attorneys wanting to continue a hearing must submit a written waiver and stipulation a minimum of three days before the hearing.
PUBLISHED/TO BE PUBLISHED: 08/15/2016
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: 09/21/2016




Rule R671-308. Offender Hearing Assistance

Mon, 15 Aug 2016 08:00:00 MDT

Pardons (Board Of), Administration
No. 40619 (Amendment): Rule R671-308. Offender Hearing Assistance
SUMMARY: The Board may appoint a defense attorney to represent an inmate during a parole violation proceeding. The inmate may choose instead to hire an attorney at the inmate's own expense. Only the offender, a person appointed according to this rule, or a victim may testify or comment during the hearing. The Board may allow an attorney to participate in a commutation or pardon hearing.
PUBLISHED/TO BE PUBLISHED: 08/15/2016
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: 09/21/2016




Rule R671-510. Evidence for Issuance of Warrants

Mon, 15 Aug 2016 08:00:00 MDT

Pardons (Board Of), Administration
No. 40620 (Amendment): Rule R671-510. Evidence for Issuance of Warrants
SUMMARY: All facts supporting probable cause to issue a warrant must be contained in the body of the warrant request. Supplementary reports will not be considered.
PUBLISHED/TO BE PUBLISHED: 08/15/2016
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: 09/21/2016




Rule R714-160. Equipment Standards for Passenger Vehicle and Light Truck Safety Inspections

Mon, 15 Aug 2016 08:00:00 MDT

Public Safety, Highway Patrol No. 40631 (Repeal and Reenact): Rule R714-160. Equipment Standards for Passenger Vehicle and Light Truck Safety Inspections SUMMARY: In Section R714-160-1, Subsection 41-6a-1601(2) is added as a statute authorizing the rule. In Section R714-160-3, the title is changed to "Definitions". Sixteen definitions are added. In Section R714-160-4, the title is changed. This rule incorporates by reference the standards found in 49 CFR 571 as the minimum standards a motor vehicle must meet to pass a safety inspection unless state law provides a different standard. Building and equipment requirements are moved to Rule R714-158. In Section R714-160-5, the title is changed. This rule applies to all passenger vehicles and light trucks. In Section R714-160-6, the title is changed. The change requires the customer to be informed if a test drive is needed off the property of the inspection station. The inspector is required to determine whether the starter operates with the gear selector only in the "park" position or "neutral" on vehicles with automatic transmissions. In Section R714-160-7, the title is changed. Some of the wording for inspecting license plates is changed, but violations are still an "advise". License plate positioning is more clearly defined. In Section R714-160-8, the title is changed. Bead lock wheels are allowed if they meet the SAE J2530 Aftermarket Wheel Performance Requirements and Test Procedures. If the entire tire is not covered by a fender or fender flare, it is now an "advise". If the fender or fender flare does not cover the tire tread it is a "reject". Statute still requires the entire tire be covered. Missing or insufficient mud flaps on vehicles required to be equipped with them is not an "advise". Statute still requires certain vehicles to be equipped with appropriate mud flaps. If the top 50% of the tire is not covered by mud flaps, fenders, or body construction, it is now an "advise" rather than a reject. Statute still requires the top 50% of the tire to be covered. Studded snow tires on vehicles between April 1 and October 14 are now an "advise". Statute still prohibits studded snow tires during this time period. In Section R714-160-9, the title is changed. Conditions of the inspection of the steering system is added. This information is currently in the Safety Inspection Manual. In Section R714-160-10, the title is changed. In Section R714-160-11, the title is changed. Reference to the "Lighting Chart" in the Safety Inspection manual is removed. If the entire tire is not covered by a fender or fender flare, it is now an "advise". If the fender or fender flare does not cover the tire tread, it is a "reject". Statute still requires the entire tire be covered. If fenders do not cover the top 50% of the tire, it is now an "advise" rather than a reject. S[...]