Vol. 2012, No. 20 (10/15/2012)

1. Special Notices

• Health
  • Health Care Financing, Coverage and Reimbursement Policy
    • Notice for November 2012 Medicaid Rate Changes

2. Notices of Proposed Rules

• Housing Corporation (Utah)
  • Administration
    • No. 36781 (Amendment): Rule R460-4. Additional Servicing Rules
      • Due of Comment: 11/14/2012
    • No. 36782 (Amendment): Rule R460-2. Definitions of Terms Used Throughout R460
      • Due of Comment: 11/14/2012
    • No. 36783 (Amendment): Rule R460-5. Termination of Eligibility to Participate in Programs
      • Due of Comment: 11/14/2012
    • No. 36784 (Amendment): Rule R460-8. Americans with Disabilities Act Complaint Procedures
      • Due of Comment: 11/14/2012
• Natural Resources
  • Wildlife Resources
    • No. 36785 (Amendment): Rule R657-9. Taking Waterfowl, Common Snipe and Coot
      • Due of Comment: 11/14/2012
• Health
  • Administration
    • No. 36843 (New Rule): Rule R380-42. Open and Public Meetings Act Electronic Meetings
      • Due of Comment: 12/3/2012
• Insurance
  • Administration
    • No. 36846 (Amendment): Rule R590-171. Surplus Lines Procedures Rule
      • Due of Comment: 11/14/2012
• Public Safety
  • Fire Marshal
    • No. 36852 (Amendment): Rule R710-9. Rules Pursuant to the Utah Fire Prevention and Safety Act
      • Due of Comment: 11/14/2012
• Health
  • Disease Control and Prevention, Epidemiology
    • No. 36853 (Amendment): Rule R386-705. Epidemiology, Health Care Associated Infection
      • Due of Comment: 11/14/2012
• Governor
  • Economic Development
    • No. 36855 (New Rule): Rule R357-9. Alternative Energy Development Tax Incentives
      • Due of Comment: 11/14/2012
• Natural Resources
  • Parks and Recreation
    • No. 36856 (Repeal): Rule R651-408. Off-Highway Vehicle Education Curriculum Standards
      • Due of Comment: 11/14/2012
• Commerce
  • Occupational and Professional Licensing
    • No. 36858 (Amendment): Section R156-1-506. Supervision of Cosmetic Medical Procedures
      • Due of Comment: 11/14/2012
• Governor
  • Economic Development
    • No. 36860 (New Rule): Rule R357-7. Utah Capital Investment Board
      • Due of Comment: 11/14/2012
• Tax Commission
  • Property Tax
    • No. 36862 (Amendment): Section R884-24P-73. Urban Farming Assessment Pursuant to Utah Code Ann. Section 59-2-1703
      • Due of Comment: 11/14/2012
• Transportation
  • Motor Carrier
    • No. 36863 (Repeal and Reenact): Rule R909-2. Utah Trucking Guide
      • Due of Comment: 11/14/2012
  • Motor Carrier, Ports of Entry
    • No. 36864 (Repeal): Rule R912-6. Ports-of-Entry By-Pass Permit Provisions
      • Due of Comment: 11/14/2012
    • No. 36865 (Repeal): Rule R912-8. Minimum Tire, Axle and Suspension Ratings for Heavy Vehicles and the Use of Retractable or Variable Load Suspension Axles in Utah
      • Due of Comment: 11/14/2012
    • No. 36866 (Repeal): Rule R912-10. Requirements for Pilot/Escort Qualified Training and Certification Programs
      • Due of Comment: 11/14/2012
    • No. 36867 (Repeal): Rule R912-16. Special Mobile Equipment
      • Due of Comment: 11/14/2012
• Workforce Services
  • Employment Development
    • No. 36868 (Amendment): Rule R986-200. Family Employment Program
      • Due of Comment: 11/14/2012
• Health
  • Health Care Financing, Coverage and Reimbursement Policy
    • No. 36871 (Amendment): Section R414-1-5. Incorporations by Reference
      • Due of Comment: 11/14/2012
    • No. 36872 (Amendment): Rule R414-301. Medicaid General Provisions
      • Due of Comment: 11/14/2012
• Commerce
  • Occupational and Professional Licensing
    • No. 36873 (Amendment): Section R156-37-402. Continuing Professional Education for Controlled Substance Prescribers
      • Due of Comment: 11/14/2012 Hearing Meeting: 11/08/2012 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 475 (fourth floor), Salt Lake City, UT
• Health
  • Family Health and Preparedness, Licensing
    • No. 36879 (Repeal and Reenact): Rule R432-35. Background Screening
      • Due of Comment: 11/14/2012
• Commerce
  • Occupational and Professional Licensing
    • No. 36892 (Amendment): Rule R156-40. Recreational Therapy Practice Act Rule
      • Due of Comment: 11/14/2012 Hearing Meeting: 10/15/2012 09:00 AM, Heber Wells Bldg, 160 E 300 S, conference room 474 (fourth floor), Salt Lake City, UT
    • No. 36901 (Amendment): Rule R156-17b. Pharmacy Practice Act Rule
      • Due of Comment: 11/14/2012 Hearing Meeting: 10/23/2012 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT
  • Consumer Protection
    • No. 36903 (Amendment): Section R152-22-6. Application for Professional Fund Raiser, Fund Raising Counsel or Consultant Permit
      • Due of Comment: 11/14/2012
    • No. 36904 (Amendment): Rule R152-23. Utah Health Spa Services
      • Due of Comment: 11/14/2012
    • No. 36905 (Amendment): Rule R152-34. Postsecondary Proprietary School Act Rules
      • Due of Comment: 11/14/2012

3. Notices of Changes in Proposed Rules

• Insurance
  • Administration
    • No. 36215 (Change in Proposed Rule): Rule R590-162. Actuarial Opinion and Memorandum Rule
      • Due of Comment: 11/14/2012

4. Five-Year Notices of Review and Statements of Continuation

• Financial Institutions
  • Banks
    • No. 36777 (5-year Review): Rule R333-5. Discount Securities Brokerage Service by Banks
    • No. 36778 (5-year Review): Rule R333-8. Authority for Banks to Issue Subordinated Capital Notes or Debentures
    • No. 36779 (5-year Review): Rule R333-9. Indemnification of Directors, Officers, and Employees
    • No. 36780 (5-year Review): Rule R333-10. Securities Activities of Subsidiaries and Affiliates of State-Chartered Banks
• Natural Resources
  • Oil, Gas and Mining Board
    • No. 36786 (5-year Review): Rule R641-100. General Provisions
    • No. 36787 (5-year Review): Rule R641-101. Parties
    • No. 36788 (5-year Review): Rule R641-102. Appearances and Representations
    • No. 36789 (5-year Review): Rule R641-103. Intervention
    • No. 36790 (5-year Review): Rule R641-104. Pleadings
    • No. 36791 (5-year Review): Rule R641-105. Filing and Service
    • No. 36792 (5-year Review): Rule R641-106. Notice and Service
    • No. 36793 (5-year Review): Rule R641-107. Prehearing Conference
    • No. 36794 (5-year Review): Rule R641-108. Conduct of Hearings
    • No. 36795 (5-year Review): Rule R641-109. Decisions and Orders
    • No. 36796 (5-year Review): Rule R641-110. Rehearing and Modification of Existing Orders
    • No. 36797 (5-year Review): Rule R641-111. Declaratory Rulings
    • No. 36798 (5-year Review): Rule R641-112. Rulemaking
    • No. 36799 (5-year Review): Rule R641-113. Hearing Examiners
    • No. 36800 (5-year Review): Rule R641-114. Exhaustion of Administrative Remedies
    • No. 36801 (5-year Review): Rule R641-115. Deadline for Judicial Review
    • No. 36802 (5-year Review): Rule R641-116. Judicial Review of Formal Adjudicative Proceedings
    • No. 36803 (5-year Review): Rule R641-117. Civil Enforcement
    • No. 36804 (5-year Review): Rule R641-118. Waivers
    • No. 36805 (5-year Review): Rule R641-119. Severability
• Administrative Services
  • Facilities Construction and Management
    • No. 36806 (5-year Review): Rule R23-12. Building Code Appeals Process
• Financial Institutions
  • Consumer Credit
    • No. 36844 (5-year Review): Rule R335-1. Rule Prohibiting Negative Amortizing Wrap Loans
    • No. 36845 (5-year Review): Rule R335-4. Notice Concerning Refund of Unearned Credit Insurance Premiums Upon Prepayment of a Consumer Debt
  • Administration
    • No. 36847 (5-year Review): Rule R331-17. Publication and Disclosure of Acquisition of Control, Merger, or Consolidation Applications to the Department of Financial Institutions
  • Banks
    • No. 36848 (5-year Review): Rule R333-12. Investment by State-Chartered Bank in Real Property Other Than Bank Premises
  • Consumer Credit
    • No. 36849 (5-year Review): Rule R335-2. Rule Prescribing Allowable Terms and Disclosure Requirements for Variable and Adjustable Interest Rates in Consumer Credit Contracts
  • Industrial Loan Corporations
    • No. 36850 (5-year Review): Rule R339-4. Authority for Industrial Loan Corporations to Issue Subordinated Capital Notes or Debentures
    • No. 36851 (5-year Review): Rule R339-6. Rule Clarifying Industrial Loan Corporation Investments
• Natural Resources
  • Forestry, Fire and State Lands
    • No. 36854 (5-year Review): Rule R652-121. Wildland Fire Suppression Fund
• Commerce
  • Corporations and Commercial Code
    • No. 36857 (5-year Review): Rule R154-1. Central Filing System for Agriculture Product Liens
• Insurance
  • Title and Escrow Commission
    • No. 36861 (5-year Review): Rule R592-5. Title Insurance Product or Service Approval for a Dual Licensed Title Licensee
• Health
  • Health Care Financing, Coverage and Reimbursement Policy
    • No. 36869 (5-year Review): Rule R414-70. Medical Supplies, Durable Medical Equipment, and Prosthetic Devices
  • Health Care Financing
    • No. 36870 (5-year Review): Rule R410-14. Administrative Hearing Procedures
• Financial Institutions
  • Administration
    • No. 36874 (5-year Review): Rule R331-23. Lending Limits for Banks, Industrial Loan Corporations
  • Credit Unions
    • No. 36875 (5-year Review): Rule R337-7. Discount Securities Brokerage Service by State-Chartered Credit Unions
    • No. 36876 (5-year Review): Rule R337-8. Accounts for Parties Other Than Individual Members in State-Chartered Credit Unions
    • No. 36877 (5-year Review): Rule R337-9. Schedule for Retention or Destruction of Records of Credit Unions Under the Jurisdiction of the Department of Financial Institutions
  • Industrial Loan Corporations
    • No. 36878 (5-year Review): Rule R339-11. Discount Securities Brokerage Service by Industrial Loan Corporations
• Housing Corporation (Utah)
  • Administration
    • No. 36882 (5-year Review): Rule R460-1. Authority and Purpose
    • No. 36883 (5-year Review): Rule R460-2. Definitions of Terms Used Throughout R460
    • No. 36884 (5-year Review): Rule R460-3. Programs of UHC
    • No. 36885 (5-year Review): Rule R460-4. Additional Servicing Rules
    • No. 36886 (5-year Review): Rule R460-5. Termination of Eligibility to Participate in Programs
    • No. 36887 (5-year Review): Rule R460-6. Adjudicative Proceedings
    • No. 36888 (5-year Review): Rule R460-7. Public Petitions for Declaratory Orders
    • No. 36889 (5-year Review): Rule R460-8. Americans with Disabilities Act (ADA) Complaint Procedures
• Natural Resources
  • Parks and Recreation
    • No. 36890 (5-year Review): Rule R651-410. Off-Highway Vehicle Safety Equipment
    • No. 36891 (5-year Review): Rule R651-227. Boating Safety Course Fees
  • Wildlife Resources
    • No. 36893 (5-year Review): Rule R657-13. Taking Fish and Crayfish
    • No. 36894 (5-year Review): Rule R657-16. Aquaculture and Fish Stocking
    • No. 36895 (5-year Review): Rule R657-52. Commercial Harvesting of Brine Shrimp and Brine Shrimp Eggs
• Technology Services
  • Administration
    • No. 36896 (5-year Review): Rule R895-12. Telecommunications Services and Requirements
• Transportation
  • Operations, Aeronautics
    • No. 36899 (5-year Review): Rule R914-1. Rules and Regulations
    • No. 36900 (5-year Review): Rule R914-2. Safety Rules and Procedures for Aircraft Operations on Roads
• Regents (Board of)
  • College of Eastern Utah
    • No. 36902 (5-year Review): Rule R767-1. Government Records Access and Management Act

5. Notices of Five-Year Extensions

• Health
  • Family Health and Preparedness, Emergency Medical Services
    • No. 36880 (Five-Year Extension): Rule R426-2. Air Medical Service Rules
    • No. 36881 (Five-Year Extension): Rule R426-6. Emergency Medical Services Competitive Grants Program Rules
• Regents (Board of)
  • University of Utah, Commuter Services
    • No. 36897 (Five-Year Extension): Rule R810-1. University of Utah Parking Regulations
    • No. 36898 (Five-Year Extension): Rule R810-8. Vendor Regulations

6. Notices of Rule Effective Dates

• Environmental Quality
  • Air Quality
    • No. 36176 (Repeal and Reenact): Rule R307-801. Asbestos
    • No. 36176 (Change in Proposed Rule): Rule R307-801. Utah Asbestos Rule
• Public Service Commission
  • Administration
    • No. 36214 (New Rule): Rule R746-313. Electric Service Reliability
    • No. 36214 (Change in Proposed Rule): Rule R746-313. Electric Service Reliability
• Health
  • Health Care Financing, Coverage and Reimbursement Policy
    • No. 36427 (New Rule): Rule R414-509. Medicaid Autism Waiver Open Enrollment Process
  • Administration
    • No. 36432 (New Rule): Rule R380-41. Governance Committee Electronic Meetings
  • Health Care Financing, Coverage and Reimbursement Policy
    • No. 36443 (Amendment): Rule R414-307. Eligibility for Home and Community-Based Services Waivers
    • No. 36444 (Amendment): Rule R414-303. Coverage Groups
  • Family Health and Preparedness, Licensing
    • No. 36445 (Amendment): Rule R432-270. Assisted Living Facilities
• Regents (Board of)
  • Administration
    • No. 36447 (Repeal): Rule R765-626. Lender-of-Last-Resort Program
• Commerce
  • Real Estate
    • No. 36449 (Amendment): Rule R162-2e. Appraisal Management Company Administrative Rules
• Workforce Services
  • Employment Development
    • No. 36498 (Amendment): Section R986-700-716. CC in Unusual Circumstances
• Environmental Quality
  • Water Quality
    • No. 36502 (Amendment): Section R317-1-7. TMDLs
• Public Safety
  • Driver License
    • No. 36503 (Amendment): Section R708-41-4. Obtaining a Utah Learner Permit, Provisional License Certificate, Regular License Certificate, Limited-Term License Certificate, Driving Privilege Card, CDL Certificate, Limited-Term CDL Certificate, ...
• Tax Commission
  • Administration
    • No. 36546 (Amendment): Section R861-1A-12. Policies and Procedures Regarding Public Disclosure Pursuant to Utah Code Ann. Section 59-1-210
  • Motor Vehicle
    • No. 36547 (Amendment): Section R873-22M-42. Issuance of Nonrepairable Certificate in Certain Circumstances Pursuant to Utah Code Ann. Section 41-1a-1005.5
• Governor
  • Energy Development (Office of)
    • No. 36548 (New Rule): Rule R362-1. Qualification for the Alternative Energy Development Tax Credit
• Commerce
  • Occupational and Professional Licensing
    • No. 36551 (Amendment): Rule R156-1. General Rule of the Division of Occupational and Professional Licensing
    • No. 36552 (Amendment): Rule R156-15A. State Construction Code Administration and Adoption of Approved State Construction Code Rule
• Health
  • Health Care Financing, Coverage and Reimbursement Policy
    • No. 36563 (Amendment): Section R414-320-10. Income Provisions
    • No. 36564 (Amendment): Rule R414-320. Medicaid Health Insurance Flexibility and Accountability Demonstration Waiver
    • No. 36565 (Amendment): Rule R414-310. Medicaid Primary Care Network Demonstration Waiver
    • No. 36566 (Amendment): Section R414-308-3. Application and Signature
• Education
  • Administration
    • No. 36591 (Amendment): Rule R277-101. Utah State Board of Education Procedures
    • No. 36592 (Amendment): Rule R277-103. USOE Government Records and Management Act
    • No. 36594 (Amendment): Rule R277-110. Legislative Supplemental Salary Adjustment
    • No. 36595 (Amendment): Section R277-115-1. Definitions
    • No. 36598 (Amendment): Rule R277-116. Utah State Board of Education Internal Audit Procedure
    • No. 36599 (Amendment): Rule R277-400. School Emergency Response Plans
    • No. 36600 (Amendment): Rule R277-410. Accreditation of Schools
    • No. 36601 (Repeal): Rule R277-411. Elementary School Accreditation
    • No. 36602 (Repeal): Rule R277-412. Junior High and Middle School Accreditation
    • No. 36603 (Repeal): Rule R277-413. Accreditation of Secondary Schools
• Transportation
  • Preconstruction, Right-of-Way Acquisition
    • No. 36606 (Amendment): Section R933-3-4. When Access is Controlled
• Workforce Services
  • Unemployment Insurance
    • No. 36613 (Amendment): Section R994-201-101. General Definitions and Acronyms
    • No. 36619 (Amendment): Rule R994-403. Claim for Benefits
  • Employment Development
    • No. 36621 (Amendment): Section R986-900-902. Options and Waivers