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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: Wed, 30 Nov 2016 21:59:57 MST

 



Rule R23-3. Planning, Programming, Request for Capital Development Projects and Operation and Maintenance Reporting

Thu, 01 Dec 2016 08:00:00 MDT

Administrative Services, Facilities Construction and Management
No. 40947 (Amendment): Rule R23-3. Planning, Programming, Request for Capital Development Projects and Operation and Maintenance Reporting
SUMMARY: The changes include references to the governing sections of the Utah Code, changed or clarified definitions, updated deadlines for reporting and filing requests, and additional detailed requirements related to the operation and maintenance of state-owned facilities.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
CONTACT(S):
- Simone Rudas by telephone at 801-538-3240, by FAX at , or by E-mail at srudas@utah.gov
- Jeff Reddoor by telephone at 801-971-9830, by FAX at , or by E-mail at jreddoor@utah.gov
- Alan Bachman by telephone at 801-538-3105, by FAX at 801-538-3313, or by E-mail at abachman@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/10/2017




Rule R23-30. State Facility Energy Efficiency Fund

Thu, 01 Dec 2016 08:00:00 MDT

Administrative Services, Facilities Construction and Management
No. 40946 (Amendment): Rule R23-30. State Facility Energy Efficiency Fund
SUMMARY: The words "savings and" as well as "using objective and verifiable post-construction measures if available" were added to Subsection R23-30-6(h). Additionally, Section R23-30-8 was updated to reflect the changes required by S.B. 13 (2016).
PUBLISHED/TO BE PUBLISHED: 12/01/2016
CONTACT(S):
- Simone Rudas by telephone at 801-538-3240, by FAX at , or by E-mail at srudas@utah.gov
- Jeff Reddoor by telephone at 801-971-9830, by FAX at , or by E-mail at jreddoor@utah.gov
- Alan Bachman by telephone at 801-538-3105, by FAX at 801-538-3313, or by E-mail at abachman@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/10/2017




Rule R58-11. Slaughter of Livestock and Poultry

Thu, 01 Dec 2016 08:00:00 MDT

Agriculture and Food, Animal Industry
No. 40951 (Amendment): Rule R58-11. Slaughter of Livestock and Poultry
SUMMARY: The rule changes define to whom and how poultry producers may sell their product. Further, the rule adds procedures that must be followed by those growers/producers who slaughter their own birds. It outlines the licensure and sanitation requirements necessary.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
CONTACT(S):
- Scott Ericson by telephone at 801-538-7102, by FAX at 801-538-7126, or by E-mail at sericson@utah.gov
- Cody James by telephone at 801-538-7166, by FAX at 801-538-7169, or by E-mail at codyjames@utah.gov
- Kathleen Mathews by telephone at 801-538-7103, by FAX at 801-538-7126, or by E-mail at kmathews@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/10/2017




Rule R105-1. Attorney General's Selection of Outside Counsel, Expert Witnesses and Other Litigation Support Services

Thu, 01 Dec 2016 08:00:00 MDT

Attorney General, Administration
No. 40950 (Amendment): Rule R105-1. Attorney General's Selection of Outside Counsel, Expert Witnesses and Other Litigation Support Services
SUMMARY: This rule explains the requirements for procurement managed by the Attorney General in connection with litigation support services such as outside counsel, expert witnesses, and other goods, services, software, or technology.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
CONTACT(S):
- Simone Rudas by telephone at 801-538-3240, by FAX at , or by E-mail at srudas@utah.gov
- Alan Bachman by telephone at 801-538-3105, by FAX at 801-538-3313, or by E-mail at abachman@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/10/2017




Rule R162-2f. Real Estate Licensing and Practices Rules

Thu, 01 Dec 2016 08:00:00 MDT

Commerce, Real Estate
No. 40952 (Amendment): Rule R162-2f. Real Estate Licensing and Practices Rules
SUMMARY: In Subsection R162-2f-102(2), the definition of advertising is amended. In Section R162-2f-401h, the requirements and restrictions in advertising is amended. In Section R162-2f-501, the calculation of experience points for a real estate sales transaction by limiting the number of experience points for a transaction not subject to an exclusive brokerage agreement to one-quarter of the points available for a transaction that is subject to an exclusive brokerage agreement is amended.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
CONTACT(S):
- Justin Barney by telephone at 801-530-6603, by FAX at , or by E-mail at justinbarney@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/10/2017




Rule R277-499. Seal of Biliteracy

Thu, 01 Dec 2016 08:00:00 MDT

Education, Administration
No. 41004 (New Rule): Rule R277-499. Seal of Biliteracy
SUMMARY: This new rule provides terms and procedures for a local education agency (LEA) to award the Seal of Biliteracy to a student who has achieved proficiency in English and intermediate-mid level or higher in one or more other world language.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
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: 01/10/2017




Rule R277-503. Licensing Routes

Thu, 01 Dec 2016 08:00:00 MDT

Education, Administration
No. 41005 (Amendment): Rule R277-503. Licensing Routes
SUMMARY: The changes to Rule R277-503 provide technical and conforming changes and changes to definitions and terminology.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
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: 01/10/2017




Rule R277-507. Driver Education Endorsement

Thu, 01 Dec 2016 08:00:00 MDT

Education, Administration
No. 41006 (Amendment): Rule R277-507. Driver Education Endorsement
SUMMARY: The changes to Rule R277-507 provide updated definitions, updated endorsement and training requirements, and technical and conforming changes.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
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: 01/10/2017




Rule R277-512. Online Licensure

Thu, 01 Dec 2016 08:00:00 MDT

Education, Administration
No. 41007 (Amendment): Rule R277-512. Online Licensure
SUMMARY: The changes to Rule R277-512 provide updated definitions, provide for a publicly accessible online licensing database, and provide technical and conforming changes throughout the rule.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
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: 01/10/2017




Rule R277-517. LEA Codes of Conduct

Thu, 01 Dec 2016 08:00:00 MDT

Education, Administration
No. 41008 (New Rule): Rule R277-517. LEA Codes of Conduct
SUMMARY: This new Rule R277-517 provides definitions, a requirement for LEAs to adopt a code of conduct for its staff, and a list of items that need to be included in the LEA's code of conduct.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
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: 01/10/2017




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

Thu, 01 Dec 2016 08:00:00 MDT

Education, Administration
No. 41009 (Amendment): Rule R277-531. Public Educator Evaluation Requirements (PEER)
SUMMARY: The amendments to Rule R277-531 eliminate provisions not required by Utah law and include a requirement that a school district implement an employee compensation system that is aligned with the school district's wage or salary schedule and is consistent with the provisions of Section 53A-8a- 601.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
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: 01/10/2017




Rule R277-533. District Educator Evaluation Systems

Thu, 01 Dec 2016 08:00:00 MDT

Education, Administration
No. 41010 (Amendment): Rule R277-533. District Educator Evaluation Systems
SUMMARY: The amendments to Rule R277-533 provide updated definitions and provisions and eliminate provisions not required by Utah law.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
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: 01/10/2017




Section R317-1-7. TMDLs

Thu, 01 Dec 2016 08:00:00 MDT

Environmental Quality, Water Quality
No. 40987 (Amendment): Section R317-1-7. TMDLs
SUMMARY: This section incorporates by reference the completed Nine Mile Creek TMDL for temperature into the rule. This TMDL document has been approved by the Water Quality Board to initiate rulemaking to adopt the TMDL.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
CONTACT(S):
- Judy Etherington by telephone at 801-536-4344, by FAX at 801-536-4301, or by E-mail at jetherington@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/10/2017




Rule R317-1. Definitions and General Requirements

Thu, 01 Dec 2016 08:00:00 MDT

Environmental Quality, Water Quality
No. 40995 (Amendment): Rule R317-1. Definitions and General Requirements
SUMMARY: The changes are: 1) the inclusion of new definitions in Section R317-1-1, including several terms that were defined or used in Section 19-5- 105.3; 2) a new Section R317-1-10 adds a provision for DWQ to initiate an Independent Scientific Review when the Director determines that an issue may have a significant financial impact on stakeholders or when an action may be precedent-setting or controversial; and 3) Section R317-1-10 also includes the process for conducting an Independent Peer Review under Section 19-5-105.3.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
CONTACT(S):
- Judy Etherington by telephone at 801-536-4344, by FAX at 801-536-4301, or by E-mail at jetherington@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/10/2017




Rule R357-19. Business Resource Centers

Thu, 01 Dec 2016 08:00:00 MDT

Governor, Economic Development
No. 40961 (New Rule): Rule R357-19. Business Resource Centers
SUMMARY: This rule establishes criteria for matching fund exceptions; criteria for the approval, creation, and oversight of each business resource center and its staff, including a non-state funded satellite business resource center; metrics to report the performance of economic development output in each region serviced by a business resource center; and criteria for approving and overseeing business plans.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
CONTACT(S):
- Jeffrey Van Hulten by telephone at 801-538-8694, by FAX at 801-538-8888, or by E-mail at jeffreyvan@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/10/2017




Rule R380-400. Use of Statistical Sampling and Extrapolation

Thu, 01 Dec 2016 08:00:00 MDT

Health, Administration
No. 40993 (Repeal): Rule R380-400. Use of Statistical Sampling and Extrapolation
SUMMARY: This rule governs the methodology for statistical sampling and extrapolation on services covered by Title XIX of the Social Security Act. Nevertheless, this rule no longer applies to extrapolation procedures, and is therefore repealed in its entirety.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
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: 01/10/2017




Rule R380-77. Coordination of Patient Identification and Validation Services

Thu, 01 Dec 2016 08:00:00 MDT

Health, Administration
No. 40996 (New Rule): Rule R380-77. Coordination of Patient Identification and Validation Services
SUMMARY: This proposed rule establishes an advisory committee of diverse professionals from health care provider organizations, public health entities, and health care insurers and establishes the duties and responsibilities of the committee with respect to coordination and governance of shared patient identification services. The draft of this rule has been reviewed and approved by the Utah Digital Health Service Commission at its 11/03/2016 meeting and the ThSisU Governance Committee of the State Innovation Grant in September 2016. The draft rule was also shared with the Utah Health Information Network Master Person Index Committee's members for their comments. No feedback was received from this committee.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
CONTACT(S):
- Jeff Duncan by telephone at 801-538-7023, by FAX at 801-538-7012, or by E-mail at jduncan@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/10/2017




Section R382-10-11. Household Composition and Income Provisions

Thu, 01 Dec 2016 08:00:00 MDT

Health, Children's Health Insurance Program
No. 40997 (Amendment): Section R382-10-11. Household Composition and Income Provisions
SUMMARY: In accordance with the option that CMS granted the Department concerning CHIP eligibility, this amendment clarifies that spouses who separate will be treated as separate households. It also makes other technical changes.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
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: 01/10/2017




Section R414-304-5. MAGI-Based Coverage Groups

Thu, 01 Dec 2016 08:00:00 MDT

Health, Health Care Financing, Coverage and Reimbursement Policy
No. 40998 (Amendment): Section R414-304-5. MAGI-Based Coverage Groups
SUMMARY: In accordance with the option that CMS granted the Department concerning Medicaid eligibility, this amendment clarifies that spouses who separate will be treated as separate households. It also makes other technical changes.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
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: 01/10/2017




Rule R444-11. Rules for Approval to Perform Blood Alcohol Examinations

Thu, 01 Dec 2016 08:00:00 MDT

Health, Disease Control and Prevention, Laboratory Improvement
No. 41000 (Repeal): Rule R444-11. Rules for Approval to Perform Blood Alcohol Examinations
SUMMARY: Over time, private sector labs have not sought approval status for this work citing various reasons with the most common being court appearance pulling their staff away from "productive work". Currently, no laboratories are registered under this rule. Forensic laboratories in the state of Utah that may do any testing for blood alcohol content are accredited by the American Board of Forensic Toxicology or American Society of Crime Laboratory Directors. The Division sees no need to maintain this rule. Therefore, this rule is repealed in its entirety.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
CONTACT(S):
- Robyn Atkinson by telephone at 801-965-2424, by FAX at 801-969-3704, or by E-mail at rmatkinson@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/10/2017




Rule R512-311. Out-of-Home Services. Psychotropic Medication Oversight Panel

Thu, 01 Dec 2016 08:00:00 MDT

Human Services, Child and Family Services
No. 40933 (New Rule): Rule R512-311. Out-of-Home Services. Psychotropic Medication Oversight Panel
SUMMARY: This rule is being created in accordance with S.B. 82 (2016) to outline the requirements of the Psycho Medication Review Panel.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
CONTACT(S):
- Julene Robbins by telephone at 801-538-4521, by FAX at 801-538-3942, or by E-mail at jhjonesrobbins@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: 01/10/2017




Rule R523-4. Screening, Assessment, Prevention, Treatment and Recovery Support Standards for Adults Required to Participate in Services by the Criminal Justice System

Thu, 01 Dec 2016 08:00:00 MDT

Human Services, Substance Abuse and Mental Health
No. 40934 (Amendment): Rule R523-4. Screening, Assessment, Prevention, Treatment and Recovery Support Standards for Adults Required to Participate in Services by the Criminal Justice System
SUMMARY: This amendment adds certification requirements for agencies seeking or maintaining certification to provide mental health and substance use disorder screening, assessment, prevention, treatment, education and recovery supports services. These services are provided for adults who are required to participate in treatment by the court or the Board of Pardons and Parole or who are incarcerated. This includes requirements for: 1) criminogenic screening and assessment; 2) substance use and mental health disorder and criminogenic risk factors program and treatment; 3) documentation and record management in the Jails and prison; 4) certification procedures; 5) corrective actions, denials, suspensions, and revocations; 6) an appeals process; and 7) the posting of certified treatment sites to the courts.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
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: 01/10/2017




Section R523-11-3. Certification Requirements for DUI Educational Providers

Thu, 01 Dec 2016 08:00:00 MDT

Human Services, Substance Abuse and Mental Health
No. 40999 (Amendment): Section R523-11-3. Certification Requirements for DUI Educational Providers
SUMMARY: In Subsection R523-11-3(3), clarification is added to the curriculum requirement to include a reference to Rule R523-9. It also clarifies a staff requirement. Typographical errors are also corrected in Subsection R523-11-3(3).
PUBLISHED/TO BE PUBLISHED: 12/01/2016
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: 01/10/2017




Rule R590-70. Insurance Holding Companies

Thu, 01 Dec 2016 08:00:00 MDT

Insurance, Administration
No. 40954 (Repeal and Reenact): Rule R590-70. Insurance Holding Companies
SUMMARY: The revised Utah Insurance Holding Company rule is aimed at assessing the "enterprise risk" within the entire insurance holding company system (including the risk caused by non-insurer affiliates) and determining the impact of such risk upon the solvency of insurers within the insurance group. To accomplish this goal, the revised model law enhances insurance regulators' authority to supervise the insurance group by mandating reporting of information regarding the solvency and risk of an insurer's noninsurer affiliates and allowing examination of such entities. Importantly, the NAIC Financial Regulation Standards and Accreditation Committee has determined that the adoption of certain revisions and significant elements of the revised model law and regulation is now required as part of the national accreditation standards for insurance departments, ensuring adoption nationwide.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
CONTACT(S):
- Steve Gooch by telephone at 801-538-3803, by FAX at 801-538-3829, or by E-mail at sgooch@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/10/2017




Rule R590-173. Credit for Reinsurance

Thu, 01 Dec 2016 08:00:00 MDT

Insurance, Administration
No. 40955 (Amendment): Rule R590-173. Credit for Reinsurance
SUMMARY: Revisions to the Credit for Reinsurance rule serve to reduce reinsurance consumer protection collateral requirements for certified reinsurers that are licensed and domiciled in "Qualified Jurisdictions". Under the previous version of the Credit for Reinsurance Models, in order for U.S. ceding insurers to receive reinsurance credit, the reinsurance was required to be ceded to U.S.-licensed reinsurers or secured by collateral representing 100% of U.S. liabilities for which the credit is recorded. Utah does not currently have any domestic insurance companies or reinsurance companies that are impacted by the revisions to this rule. The revisions ensure uniformity with the NAIC model law and regulation and with other state jurisdictions that have adopted the revisions.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
CONTACT(S):
- Steve Gooch by telephone at 801-538-3803, by FAX at 801-538-3829, or by E-mail at sgooch@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/10/2017




Rule R590-273. Continuing Care Provider Rule

Thu, 01 Dec 2016 08:00:00 MDT

Insurance, Administration
No. 40953 (New Rule): Rule R590-273. Continuing Care Provider Rule
SUMMARY: Because of the substantial payments that residents make to Continuing Care Retirement Communities (CCRCs), combined with recent bankruptcies and the potential risk of financial loss to residents, the Utah Legislature has created Title 31A, Chapter 44, to regulate the financial stability and market conduct practices of CCRCs seeking to do business in the state. The rule outlines standards for monitoring CCRCs through periodic disclosure and reporting requirements. Additionally, the rule outlines registration and annual renewal procedures for CCRCs, including disclosure of the CCRC's finances, fees, and refund provisions. The rule requires independent actuarial reviews for CCRCs offering "insurance like" future care. The rule addresses minimum refunds in the event of contract rescission or early withdrawal by the resident.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
CONTACT(S):
- Steve Gooch by telephone at 801-538-3803, by FAX at 801-538-3829, or by E-mail at sgooch@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/10/2017




Rule R652-1. Definition of Terms

Thu, 01 Dec 2016 08:00:00 MDT

Natural Resources, Forestry, Fire and State Lands
No. 41012 (Amendment): Rule R652-1. Definition of Terms
SUMMARY: This rule is being amended to include new definitions of the terms found in the wildland fire regulations.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
CONTACT(S):
- Jamie Phillips-Barnes by telephone at 801-538-5421, by FAX at 801-533-4111, or by E-mail at jamiebarnes@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/10/2017




Rule R652-120. Wildland Fire

Thu, 01 Dec 2016 08:00:00 MDT

Natural Resources, Forestry, Fire and State Lands
No. 41011 (Amendment): Rule R652-120. Wildland Fire
SUMMARY: This rule is amended to include the wildland fire responsibilities of the division, counties, and municipalities. Further, this rule requires the Division to determine and execute the best method for fire control and preservation of forest, watershed, and other lands and to enter into agreements related to fire protection.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
CONTACT(S):
- Jamie Phillips-Barnes by telephone at 801-538-5421, by FAX at 801-533-4111, or by E-mail at jamiebarnes@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/10/2017




Rule R652-121. Wildland Fire Suppression Fund

Thu, 01 Dec 2016 08:00:00 MDT

Natural Resources, Forestry, Fire and State Lands
No. 41013 (Amendment): Rule R652-121. Wildland Fire Suppression Fund
SUMMARY: This rule is amended to implement changes to the Wildland Fire Suppression Fund pursuant to S.B. 212 and S.B. 122 from the 2016 General Session, which creates a source of funding for the Wildland Fire Suppression Fund, modifies the structure of the fund, and authorizes entities to enter into cooperative agreements for wildland fire suppression.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
CONTACT(S):
- Jamie Phillips-Barnes by telephone at 801-538-5421, by FAX at 801-533-4111, or by E-mail at jamiebarnes@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/10/2017




Rule R652-122. County Cooperative Agreements with State for Fire Protection

Thu, 01 Dec 2016 08:00:00 MDT

Natural Resources, Forestry, Fire and State Lands
No. 41014 (Amendment): Rule R652-122. County Cooperative Agreements with State for Fire Protection
SUMMARY: This rule is amended to implement changes made by S.B. 122 (2016) with regard to cooperative agreements, responsibilities, and participation commitment.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
CONTACT(S):
- Jamie Phillips-Barnes by telephone at 801-538-5421, by FAX at 801-533-4111, or by E-mail at jamiebarnes@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/10/2017




Rule R652-123. Exemptions to Wildland Fire Suppression Fund

Thu, 01 Dec 2016 08:00:00 MDT

Natural Resources, Forestry, Fire and State Lands
No. 41015 (Repeal): Rule R652-123. Exemptions to Wildland Fire Suppression Fund
SUMMARY: This rule is no longer needed with the implementation of S.B. 122 and S.B. 212 (2016) and the regulations implemented from these bills. Exemptions, if any, have been outlined in the new regulations. Therefore, this rule is repealed in its entirety.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
CONTACT(S):
- Jamie Phillips-Barnes by telephone at 801-538-5421, by FAX at 801-533-4111, or by E-mail at jamiebarnes@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/10/2017




Rule R704-3. Local Government Emergency Response Loan Program

Thu, 01 Dec 2016 08:00:00 MDT

Public Safety, Emergency Management
No. 40956 (New Rule): Rule R704-3. Local Government Emergency Response Loan Program
SUMMARY: The rule establishes the following: 1) the form, content, and procedure for loan applications; 2) criteria and procedures for prioritizing loan applications; 3) procedures for making loans; 4) procedures for administering and ensuring repayment of loans; and 5) procedures for recovering on defaulted loans.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
CONTACT(S):
- Kim Gibb by telephone at 801-556-8198, by FAX at 801-964-4482, or by E-mail at kgibb@utah.gov
- Tara Behunin by telephone at 801-538-3426, by FAX at 801-538-3770, or by E-mail at tarabehunin@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/10/2017




Rule R914-3. Aircraft Registration Enforcement

Thu, 01 Dec 2016 08:00:00 MDT

Transportation, Operations, Aeronautics
No. 40937 (New Rule): Rule R914-3. Aircraft Registration Enforcement
SUMMARY: This rule provides procedures for enforcing provisions of the Uniform Aeronautical Act that require an owner or owners of aircraft based in Utah to have a certificate of registration issued by the state for each such aircraft. The rule also includes procedures the Department must follow to penalize those owners who do not maintain current certificates of registration for their aircraft, and procedures owners so penalized may follow to appeal their penalties.
PUBLISHED/TO BE PUBLISHED: 12/01/2016
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: 01/10/2017




Rule R33-16. Protests

Tue, 15 Nov 2016 08:00:00 MDT

Administrative Services, Purchasing and General Services
No. 40898 (Amendment): Rule R33-16. Protests
SUMMARY: The term "relevant" has been removed from this rule so that it complies with the definition found in Subsection 63G-6a-1602(3)(a)(ii) of the Utah Code.
PUBLISHED/TO BE PUBLISHED: 11/15/2016
CONTACT(S):
- Kent Beers by telephone at 801-538-3143, by FAX at 801-538-3882, or by E-mail at kbeers@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2016




Rule R70-101. Bedding, Upholstered Furniture and Quilted Clothing

Tue, 15 Nov 2016 08:00:00 MDT

Agriculture and Food, Regulatory Services
No. 40918 (Amendment): Rule R70-101. Bedding, Upholstered Furniture and Quilted Clothing
SUMMARY: The rule changes outline the license/permit requirements for sterilization facilities and the procedures to be followed by those facilities.
PUBLISHED/TO BE PUBLISHED: 11/15/2016
CONTACT(S):
- Scott Ericson by telephone at 801-538-7102, by FAX at 801-538-7126, or by E-mail at sericson@utah.gov
- Travis Waller by telephone at 801-538-7150, by FAX at 801-538-7124, or by E-mail at twaller@utah.gov
- Michelle Jack by telephone at 801-538-7151, by FAX at 801-538-4949, or by E-mail at mjack@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: 12/22/2016




Section R81-3-14. Type 5 Package Agencies

Tue, 15 Nov 2016 08:00:00 MDT

Alcoholic Beverage Control, Administration
No. 40922 (Amendment): Section R81-3-14. Type 5 Package Agencies
SUMMARY: This rule amendment clarifies what products may be sold by the agency, and changes language related to who may pick up a licensee order to match statutory language.
PUBLISHED/TO BE PUBLISHED: 11/15/2016
CONTACT(S):
- Nina McDermott by telephone at 801-977-6805, by FAX at 801-977-6888, or by E-mail at nmcdermott@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2016




Rule R81-8. Manufacturer Licenses (Distillery, Winery, Brewery)

Tue, 15 Nov 2016 08:00:00 MDT

Alcoholic Beverage Control, Administration
No. 40923 (Amendment): Rule R81-8. Manufacturer Licenses (Distillery, Winery, Brewery)
SUMMARY: This rule amendment streamlines provisions for manufacturing licenses, defines "Educational Information", and reserves a place to further define "Substantial Food", if necessary.
PUBLISHED/TO BE PUBLISHED: 11/15/2016
CONTACT(S):
- Nina McDermott by telephone at 801-977-6805, by FAX at 801-977-6888, or by E-mail at nmcdermott@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2016




Rule R81-4. Retail Licenses

Tue, 15 Nov 2016 08:00:00 MDT

Alcoholic Beverage Control, Administration
No. 40924 (New Rule): Rule R81-4. Retail Licenses
SUMMARY: This rule begins the process of streamlining provisions for retail licenses by creating Rule R81-4, Retail Licenses, and moves the definition of "Hotel" from Subsection R81-4D-1(1)(a) to Rule R81-4 to apply to all types of retail licenses, rather than just the Banquet Catering License.
PUBLISHED/TO BE PUBLISHED: 11/15/2016
CONTACT(S):
- Nina McDermott by telephone at 801-977-6805, by FAX at 801-977-6888, or by E-mail at nmcdermott@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2016




Rule R152-6. Utah Administrative Procedures Act Rules

Tue, 15 Nov 2016 08:00:00 MDT

Commerce, Consumer Protection
No. 40920 (Amendment): Rule R152-6. Utah Administrative Procedures Act Rules
SUMMARY: The amended Rule R152-6 expressly permits a party to convert an informal proceeding to a formal proceeding by motion.
PUBLISHED/TO BE PUBLISHED: 11/15/2016
CONTACT(S):
- Jacob Hart by telephone at 801-530-6636, by FAX at , or by E-mail at jfhart@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/23/2016




Rule R156-24b. Physical Therapy Practice Act Rule

Tue, 15 Nov 2016 08:00:00 MDT

Commerce, Occupational and Professional Licensing
No. 40896 (Amendment): Rule R156-24b. Physical Therapy Practice Act Rule
SUMMARY: In Section R156-24b-102, the proper name of the approved credential evaluations agency was updated and the abbreviation included in the definitions. In Section R156-24b-302a, the credential evaluation completed by the Foreign Credentialing Commission on Physical Therapy (FCCPT) was changed to a Type I review. The currently required FCCPT credentials evaluation did not include verification of English proficiency. The Type I review includes verification of English proficiency. The Board determined that the rule needed to be changed to be consistent with Subsection 58-24b-302(1)(e) and that the applicant must be able to read, write, speak, understand, and be understood in the English language. In Subsections R156-24b-303b(1)(a) and (b), the number of hours required for continuing education in ethics/law is decreased from a minimum of three hours to a minimum of two hours. Physical therapists have identified for the Division that many ethics/law continuing education offerings are two-hour courses. The Board concurred that a two-hour requirement is more consistent with current continuing education offerings. The Board also determined that completion of two hours of ethics/law continuing education is sufficient for the profession. In Subsection R156-24b-505(1)(a), the approval bodies for trigger point dry needling courses was expanded to include any of the sections or local chapters of the American Physical Therapy Association (APTA). The Board determined that any of the sections or local chapters for the APTA would require similar rigor and would ensure the consistency and quality of the offerings. In Subsection R156-24b-505(2), the level of supervision and the requirements for the licensure requirements of the supervisor were determined to be redundant. Approved trigger point dry needling courses meet industry standards, and the requirement for supervision and licensure status is redundant and unnecessary.
PUBLISHED/TO BE PUBLISHED: 11/15/2016
CONTACT(S):
- Suzette Farmer by telephone at 801-530-6789, by FAX at 801-530-6511, or by E-mail at sfarmer@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/28/2016




Rule R156-31b. Nurse Practice Act Rule

Tue, 15 Nov 2016 08:00:00 MDT

Commerce, Occupational and Professional Licensing No. 40897 (Amendment): Rule R156-31b. Nurse Practice Act Rule SUMMARY: In Section R156-31b-102, the definition of "approved continuing education" was revised to include continuing education approved by any state board of nursing. This inclusion will allow licensees additional options for completion of continuing education requirements. The definition of "approved re- entry program" was added to establish minimum requirements for re-entry programs and enhance consistency among re-entry programs. The definition of "licensure by equivalency" was revised to allow students currently enrolled in any accredited registered nurse education program to sit for the practical nursing licensure examination. The current limitation of licensure by equivalency for those enrolled in Utah-based programs created barriers to licensure, particularly for those Utah residents who live near the border of another state. The requirements for those who have completed a registered nurse education program to sit for the practical nursing licensure examination were revised to ensure consistency for those who apply for licensure by equivalency. The definition of "practica" was added to clarify the meaning of the term as used in Section R156-31b-609. In Section R156-31b-202, the duties of the Advisory Peer Education Committee were revised to be consistent with statute. Limited-time approval of nursing education programs was eliminated when Section 58-31b-601 was revised during the 2016 General Session. In Section R156-31b-301, the current language requiring the automatic superseding of a registered nurse license upon issuance of an advanced practice registered nurse license was revised to allow the nurse to hold both licenses, if desired. Most other states require that applicants for licensure in their states hold licensure as both a registered nurse and an advanced practice nurse. The current rule for Utah creates an unnecessary barrier and potential delays when the licensee is seeking licensure by endorsement in another state. In Subsection R156-31b-301(a), the requirements for licensure by equivalency as a practical nurse were updated to be consistent with the definition of "licensure by equivalency". In Section R156- 31b-309, the three-year term of intern licensure for an advanced practice registered nurse specializing in psychiatric mental health was eliminated in order to be consistent with a six-month term of intern licensure for all other advanced practice registered nurse specialties. The supervisory requirements for intern licensure as an advanced practice registered nurse specializing in psychiatric mental health nursing were added in order to be consistent with Subsection R156- 31b-301c(2). In Section R156-31b-602, the requirements for limited-time approval of non-accredited nursing education programs were revised to be consistent with Section 58-31b-602 as revised during the 2016 General Session. [...]



Rule R156-17b. Pharmacy Practice Act Rule

Tue, 15 Nov 2016 08:00:00 MDT

Commerce, Occupational and Professional Licensing
No. 40899 (Amendment): Rule R156-17b. Pharmacy Practice Act Rule
SUMMARY: Subsections R156-17b-102(7) and (8) are deleted because "central prescription processing" is already defined in Subsection 58-17b-102(9). Subsection R156-17b-102(37) is added to define a "non drug or device handling central prescription processing pharmacy" in rule. Subsection R156-17b- 102(54) is modified to change the license classification for third party logistic providers from class C to class E. Subsection R156-17b-102(58) is updated to reflect the most current version of the United States Pharmacopeia-National Formulary (USP-NF) to include Supplement 2, dated 12/01/2016. Section R156- 17b-302 is modified to: 1) change the name of methadone clinic pharmacies to narcotic treatment program pharmacies; 2) move veterinarian pharmaceutical facility pharmacies from class B to class E; 3) add non drug or device handling central prescription processing pharmacy to class E; and 4) add third party logistic providers to class E. Section R156-17b-304 is modified to allow individuals licensed and in good standing in another state or territory of the United States to apply for a temporary license in Utah. Section R156-17b-601 is modified to clarify the ratio of pharmacy technician trainee to pharmacist working in a pharmacy at any given time. Section R156-17b-604 is modified to require that pharmacies that are closing surrender their license to the Division. Section R156-17b-614f is modified to: 1) clarify existing language; 2) establish that non drug handling central prescription processing pharmacies are required to obtain a class E license; and 3) establish that all other central prescription processing pharmacies are required to obtain licensure in the appropriate license classification consistent with their business practices. Section R156-17b-617a is modified to clearly establish that all class E pharmacies are required to follow all applicable state and federal laws.
PUBLISHED/TO BE PUBLISHED: 11/15/2016
CONTACT(S):
- Dane Ishihara by telephone at 801-530-7632, by FAX at 801-530-6511, or by E-mail at dishihara@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2016




Rule R156-17b. Pharmacy Practice Act Rule

Tue, 15 Nov 2016 08:00:00 MDT

Commerce, Occupational and Professional Licensing
No. 40902 (Amendment): Rule R156-17b. Pharmacy Practice Act Rule
SUMMARY: In Section R156-17b-904, the authorizing statute prohibits a pharmacy from accepting or dispensing a drug under the program after either the drug label's beyond-use date, the expiration date recommended by the manufacturer, or any later date that has been established by division rule. This section makes clear that the division in collaboration with the Utah State Board of Pharmacy has not established any dates later than the beyond-use dates or the manufacturer's recommended expiration dates. Section R156-17b-905 establishes the handling fees an eligible pharmacy may charge for accepting or dispensing a drug under the program. Section R156-17b-907a establishes the registration requirements to become an eligible pharmacy allowed to participate in the program. Section R156-17b-907b establishes the formulary of eligible prescription drugs for the program. Section R156-17b-907c establishes the program standards and procedures that eligible pharmacies must create and maintain. Section R156-17b-907d establishes that the division will coordinate annual meetings between: 1) the Department of Health and eligible pharmacies to obtain input to establish program standards and procedures for assisted living and nursing care facilities; and 2) between the Division of Substance Abuse and Mental Health and eligible pharmacies to obtain input to establish program standards and procedures for mental health and substance abuse clients. Section R156-17b-907e requires an eligible pharmacy to create and maintain a training program for its pharmacists and pharmacy technicians to complete before they participate in the program, and requires the pharmacy to maintain a two-year record of such training.
PUBLISHED/TO BE PUBLISHED: 11/15/2016
CONTACT(S):
- Dane Ishihara by telephone at 801-530-7632, by FAX at 801-530-6511, or by E-mail at dishihara@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2016




Rule R156-55c. Plumber Licensing Act Rule

Tue, 15 Nov 2016 08:00:00 MDT

Commerce, Occupational and Professional Licensing
No. 40903 (Amendment): Rule R156-55c. Plumber Licensing Act Rule
SUMMARY: In Section R156-55c-302b, language is added to Subsection R156-55c-302b(2)(b)(i) allowing the apprentice plumber to sit for the appropriate plumbing examinations after successful completion of the first semester of the fourth year of the apprentice education program. Minor formatting changes are made throughout. In Section R156-55c-304, education covering the International Energy Conservation Code is included as core continuing education. Education covering Occupational Safety and Health Administration (OSHA) training and government regulations is included as professional continuing education. Minor formatting changes are made throughout.
PUBLISHED/TO BE PUBLISHED: 11/15/2016
CONTACT(S):
- Steve Duncombe by telephone at 801-530-6235, by FAX at 801-530-6511, or by E-mail at sduncombe@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2016




Section R156-70a-304. Continuing Education

Tue, 15 Nov 2016 08:00:00 MDT

Commerce, Occupational and Professional Licensing
No. 40905 (Amendment): Section R156-70a-304. Continuing Education
SUMMARY: In accordance with H.B. 186 (2016), a physician assistant may fulfill a portion of their 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 licensee may receive one hour of continuing education credit, up to 15% of the required continuing education hours.
PUBLISHED/TO BE PUBLISHED: 11/15/2016
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: 12/22/2016




Rule R156-37f. Controlled Substance Database Act Rule

Tue, 15 Nov 2016 08:00:00 MDT

Commerce, Occupational and Professional Licensing
No. 40916 (Amendment): Rule R156-37f. Controlled Substance Database Act Rule
SUMMARY: In Section R156-37f-102, adds a definition of "Originating Agency Identifier Number", which number will be used to identify the adult probation and parole officer agencies accessing the database. In Section R156-37f-203: 1) adds items to the mandatory database data fields and preferred database data fields; and 2) updates the reference to the new ASAP (American Society for Automation in Pharmacy) 4.2 format. In Section R156-37f-301: 1) adds procedures regarding database access for adult probation or parole officers employed by the Department of Corrections or a political subdivision; 2) specifies information that may be included in the accounting to an individual regarding the persons or entities who have requested or received database information about that individual; 3) adds a requirement that the written designation by a licensed practitioner allowing the practitioner's employee to obtain database information, must be manually signed by both the practitioner and the designated employee; 4) establishes procedures regarding an individual's request to the division for initiating and ceasing third-party notices when a controlled substance prescription is dispensed to that individual; and 5) makes minor technical conforming and formatting changes.
PUBLISHED/TO BE PUBLISHED: 11/15/2016
CONTACT(S):
- Marvin Sims by telephone at 801-530-6232, by FAX at 801-530-6511, or by E-mail at msims@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2016




Section R156-37-402. Continuing Professional Education for Controlled Substance Prescribers

Tue, 15 Nov 2016 08:00:00 MDT

Commerce, Occupational and Professional Licensing
No. 40917 (Amendment): Section R156-37-402. Continuing Professional Education for Controlled Substance Prescribers
SUMMARY: The rule was renumbered throughout for clarity and amended to: 1) eliminate former Subsection R156-37-402(1)'s surplus and misleading language referencing four hours of continuing professional education for prescribers; 2) replace former Subsection R156-37-402(4)(a)'s unclear and outdated citations to Subsections 58-37-6.5(1(b)(ii) and (iii), regarding the Division-approved continuing education courses, with correct references to Subsections 58-37- 6.5(5), 58-37-6.5(7) and 58-37-6.5(8), and a reference to the appropriate Division-approved courses on the Division's website; 3) add a new Subsection R156- 37-402(3)(c), which provides that in accordance with Subsection 58-37f-304(3), the Division shall waive the half hour continuing education requirement for the controlled substance database's online tutorial and test for a prescriber renewing a license, if the prescriber attests that in the past license period the prescriber accessed the controlled substance database, and upon information and belief such use reduced the prescribing, dispensing, and use of opioids in an unprofessional or unlawful manner, or in quantities or frequencies inconsistent with generally recognized standards of dosage for an opioid; and 4) new language was added to renumbered Subsection R156-37-402(4), stating that the Division may review controlled substance database usage to audit an attestation provided under Subsection R156-37-402(3)(c).
PUBLISHED/TO BE PUBLISHED: 11/15/2016
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: 12/22/2016




Rule R156-37f. Controlled Substance Database Act Rule

Tue, 15 Nov 2016 08:00:00 MDT

Commerce, Occupational and Professional Licensing
No. 40928 (Amendment): Rule R156-37f. Controlled Substance Database Act Rule
SUMMARY: New Section R156-37f-302 clarifies that deposition testimony is included in the restrictions of Subsection 58-37f-302(2), prohibiting any individual or organization with lawful access to data from being compelled to testify regarding that data. New Section R156-37f-303 limits and protects access and use of opioid prescription information in the database by: 1) requiring an electronic data system accessing opioid prescription information to interface with the database through the Appriss Prescription Monitoring Program (PMP) Gateway system, and to comply with all other database access and use restrictions of the Controlled Substance Database Act and Controlled Substance Database Act Rule; 2) requiring an EDS user who is accessing opioid prescription information via an electronic data system to register with the database, to use the same personal identification number (PIN) for all access, and to comply with all of the other access and use restrictions of the Controlled Substances Database Act and Controlled Substance Database Act Rule; and 3) establishing a proactive administrative action for the Division where the Division may immediately suspend an electronic data system's or EDS user's access to the database without notice or opportunity to be heard if the Division determines such access may lead to an unlawful release or use of database information under Section 58-37f- 601, or may otherwise compromise the integrity, privacy, or security of the database's opioid prescription information.
PUBLISHED/TO BE PUBLISHED: 11/15/2016
CONTACT(S):
- Marvin Sims by telephone at 801-530-6232, by FAX at 801-530-6511, or by E-mail at msims@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2016




Rule R357-3. Economic Development Tax Increment Financing Tax Credit

Tue, 15 Nov 2016 08:00:00 MDT

Governor, Economic Development
No. 40932 (Amendment): Rule R357-3. Economic Development Tax Increment Financing Tax Credit
SUMMARY: The rule change defines a retail business to mean "the physical location from which the general public may directly purchase merchandise or services associated with the sale of merchandise for personal, business, or household consumption." "Retail Business" includes a showroom, wholesaler, or other type of operation from which a customer would place an order for a consumer good or the merchandise or services associated with it. "Retail Business" does not include distribution centers, the corporate functions associated with retailing, or other activities associated with retailing that may be accomplished from any physical location or that are not dependent on proximity to end consumers for retail sales.
PUBLISHED/TO BE PUBLISHED: 11/15/2016
CONTACT(S):
- Jeffrey Van Hulten by telephone at 801-538-8694, by FAX at 801-538-8888, or by E-mail at jeffreyvan@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2016




Rule R388-803. HIV Test Reporting

Tue, 15 Nov 2016 08:00:00 MDT

Health, Disease Control and Prevention; HIV/AIDS, Tuberculosis Control/Refugee Health
No. 40901 (Repeal): Rule R388-803. HIV Test Reporting
SUMMARY: Rule R388-803 establishes requirements for reporting screening, diagnostic, and treatment test results related to Human Immunodeficiency Virus (HIV) and Acquired Immunodeficiency Syndrome (AIDS); and partner identification and notification. However, HIV reporting requirements are included in Rule R386-702. Therefore, this rule is repealed in its entirety.
PUBLISHED/TO BE PUBLISHED: 11/15/2016
CONTACT(S):
- Amelia Self by telephone at 801-538-6221, by FAX at 801-538-9913, or by E-mail at aself@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2016




Section R477-4-6. Rehire

Tue, 15 Nov 2016 08:00:00 MDT

Human Resource Management, Administration
No. 40926 (Amendment): Section R477-4-6. Rehire
SUMMARY: This amendment creates provisions for employees rehiring into the phased retirement program.
PUBLISHED/TO BE PUBLISHED: 11/15/2016
CONTACT(S):
- Greg Hargis by telephone at 801-891-5680, by FAX at , or by E-mail at ghargis@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2016




Rule R477-1. Definitions

Tue, 15 Nov 2016 08:00:00 MDT

Human Resource Management, Administration
No. 40927 (Amendment): Rule R477-1. Definitions
SUMMARY: This amendment adds the definition of "Phased Retirement" and updates numbers of definitions accordingly.
PUBLISHED/TO BE PUBLISHED: 11/15/2016
CONTACT(S):
- Greg Hargis by telephone at 801-891-5680, by FAX at , or by E-mail at ghargis@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2016




Rule R501-1. General Provisions

Tue, 15 Nov 2016 08:00:00 MDT

Human Services, Administration, Administrative Services, Licensing
No. 40929 (Repeal and Reenact): Rule R501-1. General Provisions
SUMMARY: This rule updates and clarifies the general processes for the DHS Office of Licensing. Some of the updates are related to H.B. 259 from the 2016 General Session. It adds and changes definitions. It clarifies office processes related to variances, applications, approvals, denials, extensions, investigations of complaints and critical incidents, etc.
PUBLISHED/TO BE PUBLISHED: 11/15/2016
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: 12/22/2016




Rule R501-21. Outpatient Treatment Programs

Tue, 15 Nov 2016 08:00:00 MDT

Human Services, Administration, Administrative Services, Licensing
No. 40930 (Repeal and Reenact): Rule R501-21. Outpatient Treatment Programs
SUMMARY: This rule defines outpatient treatment program per H.B. 259 from the 2016 General Session. It also sets expectations and requirements for outpatient treatment licensure with DHS Office of Licensing.
PUBLISHED/TO BE PUBLISHED: 11/15/2016
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: 12/22/2016




Rule R501-14. Human Service Program Background Screening

Tue, 15 Nov 2016 08:00:00 MDT

Human Services, Administration, Administrative Services, Licensing
No. 40931 (Amendment): Rule R501-14. Human Service Program Background Screening
SUMMARY: This update adds Department of Human Services (DHS) contractor language to ensure that all of those with direct access to vulnerable adults and children are consistently background screened. It also clarifies processes, including which misdemeanors are not required to be reviewed by the comprehensive review committee.
PUBLISHED/TO BE PUBLISHED: 11/15/2016
CONTACT(S):
- Jennifer Stahle by telephone at 801-538-9897, by FAX at 801-538-4553, or by E-mail at jenstahle@utah.gov
- 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: 12/22/2016




Section R612-300-14. Advance Practice Registered Nurse

Tue, 15 Nov 2016 08:00:00 MDT

Labor Commission, Industrial Accidents
No. 40919 (Amendment): Section R612-300-14. Advance Practice Registered Nurse
SUMMARY: The proposed section adopts by reference the "Model Policy on the Use of Opioid Analgesics in the Treatment of Chronic Pain", July 2013, adopted by the Federation of State Medial Boards.
PUBLISHED/TO BE PUBLISHED: 11/15/2016
CONTACT(S):
- Ron Dressler by telephone at 801-530-6841, by FAX at 801-530-6804, or by E-mail at rdressler@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2016




Rule R661-3. Utah Navajo Trust Fund Residency Policy

Tue, 15 Nov 2016 08:00:00 MDT

Navajo Trust Fund, Trustees
No. 40892 (Amendment): Rule R661-3. Utah Navajo Trust Fund Residency Policy
SUMMARY: The change revises the procedure to determine residency by individual documentation and approval instead of the current rule requirements of using a Chapter residency committee to determine residency and to determine progenitors.
PUBLISHED/TO BE PUBLISHED: 11/15/2016
CONTACT(S):
- Tony Dayish by telephone at 435-678-1468, by FAX at 435-678-1464, or by E-mail at tdayish@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2016




Rule R661-6. Utah Navajo Trust Fund Higher Education Financial Assistance and Scholarship Program

Tue, 15 Nov 2016 08:00:00 MDT

Navajo Trust Fund, Trustees
No. 40893 (Amendment): Rule R661-6. Utah Navajo Trust Fund Higher Education Financial Assistance and Scholarship Program
SUMMARY: This change revises the procedure to be consistent with revisions proposed to Rule R661-3 to determine residency by individual documentation and approval instead of the current rule requirements of using a Chapter residency committee to determine residency and to determine progenitors.
PUBLISHED/TO BE PUBLISHED: 11/15/2016
CONTACT(S):
- Tony Dayish by telephone at 435-678-1468, by FAX at 435-678-1464, or by E-mail at tdayish@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2016




Rule R746-312. Electrical Interconnection

Tue, 15 Nov 2016 08:00:00 MDT

Public Service Commission, Administration
No. 40900 (Amendment): Rule R746-312. Electrical Interconnection
SUMMARY: The proposed change to Rule R746-312 makes the definitions of "inverter" and "switchgear" consistent with those in Section 54-15-102. Particularly, the references to IEEE1547 in Subsections 54-15-102(9)(b) and (13)(b)(ii) now refer to "IEEE1547, as amended". The proposed rule change also includes minor changes or corrections to references in Title 54. Recent amendments to IEEE1547 include minor changes to Sections 4.1.1 pertaining to voltage regulation and 4.2.3 and 4.2.4 pertaining to voltage and frequency under abnormal conditions. These changes allow distributed energy resources to support grid voltage regulation and provide voltage and frequency ride through, if so approved by and coordinated with, the area electric power system. These changes do not affect the requirements for interconnection of a distributed energy resource with a public utility's distribution system.
PUBLISHED/TO BE PUBLISHED: 11/15/2016
CONTACT(S):
- Melanie Reif by telephone at 801-530-6709, by FAX at 801-530-6796, or by E-mail at mreif@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: 12/22/2016




Rule R765-606. Utah Leveraging Educational Assistance Partnership Program

Tue, 15 Nov 2016 08:00:00 MDT

Regents (Board Of), Administration
No. 40915 (Repeal): Rule R765-606. Utah Leveraging Educational Assistance Partnership Program
SUMMARY: Rule R765-606 is the rule covering the Utah LEAP Program. It incorporates by reference federal statutes and regulations governing this program which awards grants to eligible students attending public or private non-profit institutions of higher education or public postsecondary vocational institutions. It becomes necessary to repeal this rule in its entirety because the program is no longer funded.
PUBLISHED/TO BE PUBLISHED: 11/15/2016
CONTACT(S):
- Ronell Crossley by telephone at 801-321-7291, by FAX at 801-321-7299, or by E-mail at rcrossley@utahsbr.edu
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 01/15/2017




Rule R156-17b. Pharmacy Practice Act Rule

Tue, 01 Nov 2016 08:00:00 MDT

Commerce, Occupational and Professional Licensing
No. 40863 (Amendment): Rule R156-17b. Pharmacy Practice Act Rule
SUMMARY: Section R156-17b-502 establishes that failing to report as required in Section R156-17b-625 is unprofessional conduct. The new Section R156- 17b-625 defines the requirements for dispensing an opiate antagonist, which include information that must be maintained and reported to the Division and physicians.
PUBLISHED/TO BE PUBLISHED: 11/01/2016
CONTACT(S):
- Dane Ishihara by telephone at 801-530-7632, by FAX at 801-530-6511, or by E-mail at dishihara@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2016




Rule R156-67. Utah Medical Practice Act Rule

Tue, 01 Nov 2016 08:00:00 MDT

Commerce, Occupational and Professional Licensing
No. 40864 (Amendment): Rule R156-67. Utah Medical Practice Act Rule
SUMMARY: Subsection R156-67-502(16) is added to establish that failing to submit an annual report as required in Section R156-67-604 is unprofessional conduct. New Section R156-67-604 is enacted because newly enacted Subsection 26-55-105(2)(c) requires physicians to review at least annually the dispensing practices of those the physician has authorized to dispense an opiate antagonist pursuant to a standing order. This new section requires the physician to submit an annual written report to the Division to indicate that the physician has done so.
PUBLISHED/TO BE PUBLISHED: 11/01/2016
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: 12/08/2016




Rule R156-68. Utah Osteopathic Medical Practice Act Rule

Tue, 01 Nov 2016 08:00:00 MDT

Commerce, Occupational and Professional Licensing
No. 40865 (Amendment): Rule R156-68. Utah Osteopathic Medical Practice Act Rule
SUMMARY: Subsection R156-68-502(16) is added to establish that failing to submit an annual report as required in Section R156-68-604 is unprofessional conduct. The new Section R156-68-604 is added because newly enacted Subsection 26-55-105(2)(c) requires physicians to review at least annually the dispensing practices of those the physician has authorized to dispense an opiate antagonist pursuant to a standing order. This new section requires the osteopathic physician and surgeon to submit an annual written report to the Division to indicate that the osteopathic physician and surgeon has done so.
PUBLISHED/TO BE PUBLISHED: 11/01/2016
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: 12/08/2016




Rule R162-2f. Real Estate Licensing and Practices Rules

Tue, 01 Nov 2016 08:00:00 MDT

Commerce, Real Estate
No. 40856 (Amendment): Rule R162-2f. Real Estate Licensing and Practices Rules
SUMMARY: In Section R162-2f-206c, the continuing education topic of fair housing is changed from an elective topic to a core topic. In Section R162-2f-501 in Appendix 2, the property management experience table is amended to clarify the experience value for representation of a client under a property management agreement and by providing experience points for residential and commercial properties with fewer than five units.
PUBLISHED/TO BE PUBLISHED: 11/01/2016
CONTACT(S):
- Justin Barney by telephone at 801-530-6603, by FAX at , or by E-mail at justinbarney@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/22/2016




Rule R277-409. Public School Membership in Associations

Tue, 01 Nov 2016 08:00:00 MDT

Education, Administration
No. 40884 (New Rule): Rule R277-409. Public School Membership in Associations
SUMMARY: This new rule provides definitions and membership restrictions for Utah public schools if an association adopts rules or policies that are inconsistent with this rule.
PUBLISHED/TO BE PUBLISHED: 11/01/2016
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: 12/08/2016




Rule R277-438. Dual Enrollment

Tue, 01 Nov 2016 08:00:00 MDT

Education, Administration
No. 40885 (Amendment): Rule R277-438. Dual Enrollment
SUMMARY: The proposed amendments provide language to clarify the definition of co-curricular programs, as well as to clarify participation requirements for dual enrollment students.
PUBLISHED/TO BE PUBLISHED: 11/01/2016
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: 12/08/2016




Rule R277-511. Academic Pathway to Teaching (APT) Level 1 License

Tue, 01 Nov 2016 08:00:00 MDT

Education, Administration
No. 40886 (Amendment): Rule R277-511. Academic Pathway to Teaching (APT) Level 1 License
SUMMARY: The amendments require an APT level 1 license holder to complete all the required mentoring years with the same local education agency (LEA) before the LEA may recommend the license holder qualify for a level 2 license, change the definition of "master teacher", and require an LEA that hires an APT level 1 educator to prepare a comprehensive mentoring plan for each APT level 1 educator.
PUBLISHED/TO BE PUBLISHED: 11/01/2016
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: 12/08/2016




Rule R277-604. Private School, Home School, Electronic High School (EHS), and Bureau of Indian Affairs (BIA) Student Participation in Public School Achievement Tests

Tue, 01 Nov 2016 08:00:00 MDT

Education, Administration
No. 40887 (Amendment): Rule R277-604. Private School, Home School, Electronic High School (EHS), and Bureau of Indian Affairs (BIA) Student Participation in Public School Achievement Tests
SUMMARY: The amendments to Rule R277-604 provide technical and conforming changes necessary, so the rule is in compliance with the Rulewriting Manual for Utah. The amendments also remove unnecessary or outdated language and terms.
PUBLISHED/TO BE PUBLISHED: 11/01/2016
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: 12/08/2016




Rule R277-605. Coaching Standards and Athletic Clinics

Tue, 01 Nov 2016 08:00:00 MDT

Education, Administration
No. 40888 (Amendment): Rule R277-605. Coaching Standards and Athletic Clinics
SUMMARY: Provisions that require public schools and coaches to comply with certain interscholastic association bylaws, rules, and policies are removed from Rule R277-605; technical and conforming changes are made within the rule, consistent with the Rulewriting Manual for Utah; and unnecessary language is eliminated.
PUBLISHED/TO BE PUBLISHED: 11/01/2016
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: 12/08/2016




Rule R277-609. Standards for LEA Discipline Plans and Emergency Safety Interventions

Tue, 01 Nov 2016 08:00:00 MDT

Education, Administration
No. 40889 (Amendment): Rule R277-609. Standards for LEA Discipline Plans and Emergency Safety Interventions
SUMMARY: The amended rule provides language for a training plan for administrators and resource officers who provide services to a public school; incorporates additional language into the rule relating to physical restraint and seclusionary time out; and provides technical and conforming changes as necessary.
PUBLISHED/TO BE PUBLISHED: 11/01/2016
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: 12/08/2016




Rule R277-726. Statewide Online Education Program

Tue, 01 Nov 2016 08:00:00 MDT

Education, Administration
No. 40890 (Amendment): Rule R277-726. Statewide Online Education Program
SUMMARY: The amendments to this rule enable any student who is enrolled in grades 6 through 12 to enroll in the Statewide Online Education Program to earn high school credit. The Americans with Disabilities Act citation is changed to Section 504 of the Rehabilitation Act of 1973.
PUBLISHED/TO BE PUBLISHED: 11/01/2016
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: 12/08/2016




Section R315-15-13. Registration and Permitting of Used Oil Handlers

Tue, 01 Nov 2016 08:00:00 MDT

Environmental Quality, Waste Management and Radiation Control, Waste Management
No. 40879 (Amendment): Section R315-15-13. Registration and Permitting of Used Oil Handlers
SUMMARY: This filing modifies Subsection R315-15-13.4(f)(1)(i) to change the reference to the NAICS code from the 2007 to the 2017 revision, and add the code for utilities, 22, to the list of facilities types that can transport their own used oil in quantities larger than 55 gallons.
PUBLISHED/TO BE PUBLISHED: 11/01/2016
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: 12/08/2016




Rule R414-10A. Transplant Services Standards

Tue, 01 Nov 2016 08:00:00 MDT

Health, Health Care Financing, Coverage and Reimbursement Policy
No. 40490 (Change in Proposed Rule): Rule R414-10A. Transplant Services Standards
SUMMARY: This amendment clarifies some definitions in the text. It further clarifies provisions for psycho-social evaluations, clarifies stem cell transplantation services, reinstates search coverage for donors, removes address information for the Prior Authorization Unit, clarifies non-covered services for solid organ transplantation, and makes other technical changes. (Editor's Note: The original proposed repeal and reenactment upon which this change in proposed rule (CPR) was based was published in the July 1, 2016, issue of the Utah State Bulletin, on page 105. 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 CPR and the proposed repeal and reenactment together to understand all of the changes that will be enforceable should the agency make this rule effective.)
PUBLISHED/TO BE PUBLISHED: 11/01/2016
CONTACT(S):
- Craig Devashrayee by telephone at 801-538-6641, by FAX at 801-538-6099, or by E-mail at cdevashrayee@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2016




Section R414-1-5. Incorporations by Reference

Tue, 01 Nov 2016 08:00:00 MDT

Health, Health Care Financing, Coverage and Reimbursement Policy No. 40870 (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 10/01/2016. Specifically, the Department incorporates by reference the following SPAs: SPA 16-0007-UT Non-Routine Services, QI Incentive, and Other Clarifications, which updates hyperbaric oxygen therapy as a non-routine service and removes certain education requirements for the Quality Improvement Incentive Program. It also incorporates by reference SPA 16-0011-UT Reimbursement for Home Health Services, which updates the effective date of rates for home health services to 07/01/2016; SPA 16-0012-UT Reimbursement for Physician and Anesthesia Services, which updates the effective date of rates for physician and anesthesia services to 07/01/2016; SPA 16-0013-UT Reimbursement for Optometry Services, which updates the effective date of rates for optometry services to 07/01/2016; SPA 16-0014-UT Reimbursement for Speech Pathology Services, which updates the effective date of rates for speech pathology services to 07/01/2016; SPA 16-0015 Reimbursement for Audiology Services, which updates the effective date of rates for audiology services to 07/01/2016; SPA 16-0016-UT Reimbursement for Chiropractic Services, which updates the effective date of rates for chiropractic services to 07/01/2016; SPA 16-0017-UT Reimbursement for Eyeglasses Services, which updates the effective date of rates for eyeglasses services to 07/01/2016; SPA 16-0018-UT Reimbursement for Clinic Services, which updates the effective date of rates for clinic services to 07/01/2016; SPA 16-0019-UT Reimbursement for Physical Therapy and Occupational Therapy, which updates the effective date of rates for physical and occupational therapy to 07/01/2016; SPA 16-0020-UT Reimbursement for Rehabilitative Mental Health Services, which updates the effective date of rates for rehabilitative mental health services to 07/01/2016; SPA 16-0021-UT Reimbursement [...]



Rule R428-2. Health Data Authority Standards for Health Data

Tue, 01 Nov 2016 08:00:00 MDT

Health, Center for Health Data, Health Care Statistics
No. 40851 (Amendment): Rule R428-2. Health Data Authority Standards for Health Data
SUMMARY: This change adds a definition required in statute, adjusts effective dates, and clarifies policy for releasing identified data.
PUBLISHED/TO BE PUBLISHED: 11/01/2016
CONTACT(S):
- Norman Thurston by telephone at 801-538-7052, by FAX at 801-237-0787, or by E-mail at nthurston@utah.gov
- Mike Martin by telephone at 801-538-9205, by FAX at 801-538-9916, or by E-mail at mikemartin@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2016




Rule R438-10. Rules for Establishment of a Procedure to Examine the Blood of All Adult Pedestrians and All Drivers of Motor Vehicles Killed in Highway Accidents for the Presence and Concentration of Alcohol, for the Purpose of Deriving Statistics Therefrom

Tue, 01 Nov 2016 08:00:00 MDT

Health, Disease Control and Prevention, Laboratory Services
No. 40868 (Repeal): Rule R438-10. Rules for Establishment of a Procedure to Examine the Blood of All Adult Pedestrians and All Drivers of Motor Vehicles Killed in Highway Accidents for the Presence and Concentration of Alcohol, for the Purpose of Deriving Statistics Therefrom
SUMMARY: This rule establishes a procedure for collecting blood alcohol information for motor vehicle accidents. We are asking for this rule to be repealed since it is outdated, and there are other mechanisms in place to fulfill the statute regarding data collection.
PUBLISHED/TO BE PUBLISHED: 11/01/2016
CONTACT(S):
- Robyn Atkinson by telephone at 801-965-2424, by FAX at 801-969-3704, or by E-mail at rmatkinson@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2016




Rule R590-262. Health Data Authority Health Insurance Claims Reporting

Tue, 01 Nov 2016 08:00:00 MDT

Insurance, Administration
No. 40891 (Amendment): Rule R590-262. Health Data Authority Health Insurance Claims Reporting
SUMMARY: Prior to the Supreme Court's decision in Gobeille v. Liberty Mutual Ins. Co. issued this last March, insurers and third-party administrators were required to submit healthcare claim data for all fully insured and employer self-funded plans to Utah's APCD. After the Court's decision, Utah's rule was revised to remove the mandatory reporting requirements for the employer self-funded plans, see Subsection R590-262-2(3)(c). To be able to continue to collect self- funded employer data, the proposed rule changes require an insurer and third-party administrator to provide an employer of a self-funded health plan a form that allows an employer to instruct the plan administrator to continue to submit data to the APCD.
PUBLISHED/TO BE PUBLISHED: 11/01/2016
CONTACT(S):
- Steve Gooch by telephone at 801-538-3803, by FAX at 801-538-3829, or by E-mail at sgooch@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2016




Rule R657-13. Taking Fish and Crayfish

Tue, 01 Nov 2016 08:00:00 MDT

Natural Resources, Wildlife Resources
No. 40867 (Amendment): Rule R657-13. Taking Fish and Crayfish
SUMMARY: This rule revision: 1) allows for the use of corn as bait on specified water bodies; 2) adds Big Sand Wash and Red Fleet Reservoirs to the list of water bodies where dead yellow perch may be used as bait; and 3) allows dead burbot from Flaming Gorge Reservoir to be used as bait only in Flaming Gorge Reservoir.
PUBLISHED/TO BE PUBLISHED: 11/01/2016
CONTACT(S):
- Staci Coons by telephone at 801-538-4718, by FAX at 801-538-4709, or by E-mail at stacicoons@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2016




Rule R765-609. Regents' Scholarship

Tue, 01 Nov 2016 08:00:00 MDT

Regents (Board Of), Administration
No. 40862 (Amendment): Rule R765-609. Regents' Scholarship
SUMMARY: Several definitions are updated to current terminology; new definitions are included for the appeals process including the standards for overturning decisions and allowing for late appeals; wording in the base scholarship eligibility is clarified, as well as wording in the application procedures. The rule is reorganized for clarity with some sections being moved to other sections and combined.
PUBLISHED/TO BE PUBLISHED: 11/01/2016
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: 12/08/2016




Section R861-1A-2. Rulemaking Power Pursuant to Utah Code Ann. Section 59-1-210 and 63-46a-4

Tue, 01 Nov 2016 08:00:00 MDT

Tax Commission, Administration
No. 40853 (Amendment): Section R861-1A-2. Rulemaking Power Pursuant to Utah Code Ann. Section 59-1-210 and 63-46a-4
SUMMARY: Title 63G, Chapter 3, provides all of the necessary guidance for agency rulemaking and is, in fact, what the Tax Commission follows in its rulemaking. This section is, therefore, unnecessary.
PUBLISHED/TO BE PUBLISHED: 11/01/2016
CONTACT(S):
- Christa Johnson by telephone at 801-297-3901, by FAX at 801-297-3907, or by E-mail at cj@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2016




Section R865-19S-41. Sales to The United States Government and Its Instrumentalities Pursuant to Utah Code Ann. Sections 59-12-104 and 59-12- 106

Tue, 01 Nov 2016 08:00:00 MDT

Tax Commission, Auditing
No. 40854 (Amendment): Section R865-19S-41. Sales to The United States Government and Its Instrumentalities Pursuant to Utah Code Ann. Sections 59-12- 104 and 59-12-106
SUMMARY: The proposed amendment deletes language that requires the federal government to pay sales tax on merchandise or services it pays for with funds held in trust for nonexempt individuals or organizations. There is no statutory authority for this language.
PUBLISHED/TO BE PUBLISHED: 11/01/2016
CONTACT(S):
- Christa Johnson by telephone at 801-297-3901, by FAX at 801-297-3907, or by E-mail at cj@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2016




Section R884-24P-53. 2016 Valuation Guides for Valuation of Land Subject to the Farmland Assessment Act Pursuant to Utah Code Ann. Section 59-2- 515

Tue, 01 Nov 2016 08:00:00 MDT

Tax Commission, Property Tax
No. 40855 (Amendment): Section R884-24P-53. 2016 Valuation Guides for Valuation of Land Subject to the Farmland Assessment Act Pursuant to Utah Code Ann. Section 59-2-515
SUMMARY: Section 59-2-515 authorizes the State Tax Commission to promulgate rules regarding the Property Tax Act, Part 5, Farmland Assessment Act. Section 59-2-514 authorizes the State Tax Commission to receive valuation recommendations from the State Farmland Advisory Committee for implementation as outlined in Section R884-24P-53. The section sets the acreage value rates for 418 separate class-county combinations.
PUBLISHED/TO BE PUBLISHED: 11/01/2016
CONTACT(S):
- Christa Johnson by telephone at 801-297-3901, by FAX at 801-297-3907, or by E-mail at cj@utah.gov
DATE ON WHICH THE RULE MAY BECOME EFFECTIVE: 12/08/2016