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Preview: Utah Emergency Rules in Effect

Utah Emergency Rules in Effect



Utah emergency administrative rules currently in effect. This feed contains a summary of information published in the Utah State Bulletin.



Last Build Date: Tue, 13 Sep 2016 09:33:56 MDT

 



Rule R671-201. Original Hearing Schedule and Notice

Thu, 25 Aug 2016 15:04:45 MDT

Pardons (Board Of), Administration
No. 40707 (Emergency Rule): 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 three years to life will be scheduled after the service of twelve months as opposed to the previous requirement of three years. (Editor's Note: A corresponding proposed amendment to Rule R671-201 is under Filing No. 40708 in this issue, September 15, 2016, Bulletin.)
JUSTIFICATION: Case law requires a certain standard of review when an individual who is sentenced to life in prison for an offense that was committed when the individual was a minor. If the sentence is three years to life, the Board must conduct the original hearing before the minimum sentence, which is less than three years.
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
EFFECTIVE DATE: 08/25/2016
EFFECTIVE THROUGH: 12/23/2016 unless otherwise superseded.




Rule R384-205. Opiate Overdose Outreach Pilot Program

Mon, 27 Jun 2016 14:18:15 MDT

Health, Disease Control and Prevention, Health Promotion
No. 40549 (Emergency 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.
JUSTIFICATION: During the 2016 General Session, H.B. 192, Opiate Overdose Response Act – Pilot Program and Other Amendments, was passed and created the Opiate Overdose Outreach Pilot Program. The bill states that rulemaking, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, must be completed no later than 07/01/2016.
PUBLISHED/TO BE PUBLISHED: 07/15/2016
CONTACT(S):
- Trisha Keller by telephone at 801-538-6865, by FAX at 801-538-9134, or by E-mail at trishakeller@utah.gov
EFFECTIVE DATE: 07/01/2016
EFFECTIVE THROUGH: 10/29/2016 unless otherwise superseded.




Rule R25-7. Travel-Related Reimbursements for State Employees

Fri, 24 Jun 2016 12:49:32 MDT

Administrative Services, Finance
No. 40548 (Emergency Rule): Rule R25-7. Travel-Related Reimbursements for State Employees
SUMMARY: The rule increases reimbursement rates for in-state food reimbursements and increases some in-state hotel rates. (Editor's Note: A corresponding proposed amendment is under DAR No. 40547 in this issue, July 15, 2016, of the Bulletin.)
JUSTIFICATION: The Division of Finance is required by Section 63A-3-107 to make rules governing in-state and out-of-state travel expenses and to set travel rates. This is done on a fiscal-year basis. Any changes in travel rates need to be in place by 07/01/2016, for fiscal year 2017. Travel reimbursements for employees and board members will be inaccurate if the rule is not changed.
PUBLISHED/TO BE PUBLISHED: 07/15/2016
CONTACT(S):
- Richard Beckstead by telephone at 801-538-3100, by FAX at 801-538-3562, or by E-mail at rbeckstead@utah.gov
EFFECTIVE DATE: 07/01/2016
EFFECTIVE THROUGH: 10/29/2016 unless otherwise superseded.




Rule R918-5. Construction or Improvement of Highway

Wed, 08 Jun 2016 15:24:46 MDT

Transportation, Operations, Maintenance
No. 40473 (Emergency Rule): Rule R918-5. Construction or Improvement of Highway
SUMMARY: This emergency filing on Rule R918-5 is the same as the current Rule R918-5 that expired. Nothing is changed.
JUSTIFICATION: Utah Code Section 72-6-107 requires the Department to have a rule that does what emergency Rule R918-5 does. Without this emergency rule, the Department will be operating in violation of the statute.
PUBLISHED/TO BE PUBLISHED: 07/01/2016
CONTACT(S):
- James Palmer by telephone at 801-965-4000, by FAX at 801-965-4338, or by E-mail at jimpalmer@utah.gov
EFFECTIVE DATE: 06/08/2016
EFFECTIVE THROUGH: 10/06/2016 unless otherwise superseded.




Section R612-200-2. Payment of Benefits, Interest and Attorney Fees

Mon, 06 Jun 2016 07:25:29 MDT

Labor Commission, Industrial Accidents
No. 40470 (Emergency Rule): Section R612-200-2. Payment of Benefits, Interest and Attorney Fees
SUMMARY: This rule change strikes the provisions regulating the payment of attorney fees in workers' compensation cases.
JUSTIFICATION: The Utah Supreme Court issued its decision in Injured Workers Assoc. of Utah v. State of Utah, 2016 UT 21, on May 18, 2016. The Court found Utah Code Section 34A-1- 309, the statutory provision that required the Utah Labor Commission to regulate attorney fees in workers' compensation cases, to be unconstitutional. The Court also found Subsection R602-2-4(C)(3), the administrative rule section that governs and regulates the payment of attorney fees, to be unconstitutional. The Commission's sole authority to regulate attorney fees comes from Section 34A-1- 309. As such, the provisions of the Utah Administrative Code that allow the Commission to regulate attorney fees, including the payment of attorney fees, need to be removed as they conflict with the Court's decision. Subsection R612-200-2(B) specifically references the statue and administrative rule the Court found to be unconstitutional. Subsection R612- 200-2(B) requires the issuance of a separate check for attorney fees to an injured worker's attorney in an amount approved or ordered by the Commission. The rule also prohibits two-party checks issued jointly to an attorney and the injured worker. The Commission lacks the authority to require a separate check for an injured worker's attorney and to approve or order the amount of the check. The Commission also lacks the authority to prohibit checks issued jointly to an attorney and the injured worker. Relevant portions of Subsection R612-200-2(A)(3) also place the Commission in violation of the decision in that the rule requires payments to be made directly and solely to injured workers. This rule would likely interfere with agreements between injured workers and their attorneys regarding the payment of attorney fees.
PUBLISHED/TO BE PUBLISHED: 07/01/2016
CONTACT(S):
- Jaceson Maughan by telephone at 801-530-6036, by FAX at 801-530-6390, or by E-mail at jacesonmaughan@utah.gov
- Ron Dressler by telephone at 801-530-6841, by FAX at 801-530-6804, or by E-mail at rdressler@utah.gov
EFFECTIVE DATE: 06/06/2016
EFFECTIVE THROUGH: 10/04/2016 unless otherwise superseded.




Section R602-2-4. Attorney Fees

Mon, 06 Jun 2016 07:24:00 MDT

Labor Commission, Adjudication
No. 40469 (Emergency Rule): Section R602-2-4. Attorney Fees
SUMMARY: This rule change strikes the provisions regulating the payment of attorney fees in workers' compensation cases.
JUSTIFICATION: The Utah Supreme Court issued its decision in Injured Workers Assoc. of Utah v. State of Utah, 2016 UT 21, on May 18, 2016. The Court found Utah Code Section 34A-1- 309, the statutory provision that required the Utah Labor Commission to regulate attorney fees in workers' compensation cases, to be unconstitutional. The Court also found Subsection R602-2-4(C)(3), the administrative rule section that governs and regulates the payment of attorney fees, to be unconstitutional. The section places the Commission in violation of the Court's decision and will likely confuse practitioners, injured workers, employers, and insurance carriers. Moreover, all of Section R602-2-4 should be removed on an emergency basis, not merely Subsection R602-2-4(C)(3). The rule governs the payment of attorney fees and costs. The Commission's sole authority to regulate attorney fees was contained in Utah Code Section 34A-1- 309. Inasmuch as the statute has been found to be unconstitutional, the Commission lacks the authority to enforce the remaining provisions of the section. Also, the Commission lacks the authority to regulate or enforce the payment of costs.
PUBLISHED/TO BE PUBLISHED: 07/01/2016
CONTACT(S):
- Jaceson Maughan by telephone at 801-530-6036, by FAX at 801-530-6390, or by E-mail at jacesonmaughan@utah.gov
- Heather Gunnarson by telephone at 801-536-7928, by FAX at 801-530-6333, or by E-mail at hgunnarson@utah.gov
EFFECTIVE DATE: 06/06/2016
EFFECTIVE THROUGH: 10/04/2016 unless otherwise superseded.




Rule R23-23. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation

Mon, 23 May 2016 12:24:57 MDT

Administrative Services, Facilities Construction and Management
No. 40440 (Emergency Rule): Rule R23-23. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation
SUMMARY: The changes in this rule outline the requirements of contractors and subcontractors, that do work for the State of Utah to carry health insurance for their employees. (Editor's Note: A corresponding proposed amendment to Rule R23-23 is under Filing No. 40441 in this issue, June 15, 2016, of the Bulletin.)
JUSTIFICATION: H.B. 282 (2016) is currently in effect, and this rule is out of compliance.
PUBLISHED/TO BE PUBLISHED: 06/15/2016
CONTACT(S):
- Nicole Alder by telephone at 801-538-3240, by FAX at , or by E-mail at nicolealder@utah.gov
- Alan Bachman by telephone at 801-538-3105, by FAX at 801-538-3313, or by E-mail at abachman@utah.gov
EFFECTIVE DATE: 05/23/2016
EFFECTIVE THROUGH: 09/20/2016 unless otherwise superseded.




Rule R131-2. Capitol Hill Complex Facility Use

Thu, 19 May 2016 14:06:43 MDT

Capitol Preservation Board (State), Administration
No. 40437 (Emergency Rule): Rule R131-2. Capitol Hill Complex Facility Use
SUMMARY: The changes are concurrent with S.B. 221 of the 2016 General Session and include parking and alcohol restrictions for the Capitol Hill Complex. (Editor's Note: A corresponding proposed amendment to Rule R131-2 is under Filing No. 40458 in this issue, June 15, 2016, of the Bulletin.)
JUSTIFICATION: This is to comply with S.B. 221 from the 2016 General Session, which is effective as of 05/10/2016.
PUBLISHED/TO BE PUBLISHED: 06/15/2016
CONTACT(S):
- Nicole Alder by telephone at 801-538-3240, by FAX at , or by E-mail at nicolealder@utah.gov
- Allyson Gamble by telephone at 801-537-9156, by FAX at 801-538-3221, or by E-mail at agamble@utah.gov
- Alan Bachman by telephone at 801-538-3105, by FAX at 801-538-3313, or by E-mail at abachman@utah.gov
EFFECTIVE DATE: 05/19/2016
EFFECTIVE THROUGH: 09/16/2016 unless otherwise superseded.