Vol. 2012, No. 16 (08/15/2012)

1. Special Notices

• Commerce
  • Occupational and Professional Licensing
    • Notice of Public Hearing on the State Construction Code Amendments under Utah State Construction Code Administration Act
• Health
  • Health Care Financing, Coverage and Reimbursement Policy
    • Notice for September 2012 Medicaid Rate Changes

2. Notices of Proposed Rules

• 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, ...
      • Due of Comment: 9/14/2012
• Natural Resources
  • Water Rights
    • No. 36505 (Amendment): Section R655-10-7A. Review of Design
      • Due of Comment: 9/14/2012
    • No. 36507 (Amendment): Section R655-11-5A. Geological and Seismic Study
      • Due of Comment: 9/15/2012
    • No. 36508 (Amendment): Section R655-11-5C. Method of Analysis
      • Due of Comment: 9/15/2012
• Health
  • Health Care Financing, Coverage and Reimbursement Policy
    • No. 36511 (Amendment): Section R414-1-30. Governing Hierarchy
      • Due of Comment: 9/14/2012
• 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
      • Due of Comment: 9/14/2012
  • 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
      • Due of Comment: 9/14/2012
• Governor
  • Energy Development (Office of)
    • No. 36548 (New Rule): Rule R362-1. Qualification for the Alternative Energy Development Tax Credit
      • Due of Comment: 9/15/2012
• Commerce
  • Occupational and Professional Licensing
    • No. 36551 (Amendment): Rule R156-1. General Rule of the Division of Occupational and Professional Licensing
      • Due of Comment: 9/14/2012
    • No. 36552 (Amendment): Rule R156-15A. State Construction Code Administration and Adoption of Approved State Construction Code Rule
      • Due of Comment: 9/14/2012 Hearing Meeting: 08/22/2012 09:00 AM, Sandy Fire Station, 9010 S 150 E, Lower Level, Sandy, UT
• Environmental Quality
  • Administration
    • No. 36553 (New Rule): Rule R305-7. Administrative Procedures
      • Due of Comment: 10/1/2012 Hearing Meeting: 09/20/2012 03:30 PM, DEQ Boardroom, 195 N 1950 W, Salt Lake City, UT
    • No. 36554 (Repeal): Rule R305-6. Administrative Procedures
      • Due of Comment: 10/1/2012 Hearing Meeting: 09/20/2012 03:30 PM, DEQ Boardroom, 195 N 1950 W, Salt Lake City, UT
• Pardons (Board of)
  • Administration
    • No. 36555 (New Rule): Rule R671-313. Commutation Hearings (Non-Death Penalty Cases)
      • Due of Comment: 9/14/2012
    • No. 36556 (Amendment): Rule R671-402. Special Conditions of Parole
      • Due of Comment: 9/14/2012
    • No. 36558 (Amendment): Rule R671-202. Notification of Hearings
      • Due of Comment: 9/14/2012
    • No. 36560 (Amendment): Rule R671-203. Victim Input and Notification
      • Due of Comment: 9/14/2012
• Environmental Quality
  • Drinking Water
    • No. 36561 (Amendment): Section R309-600-13. New Ground-water Sources of Drinking Water
      • Due of Comment: 9/14/2012
    • No. 36562 (Amendment): Section R309-515-6. Ground Water - Wells
      • Due of Comment: 9/14/2012
• Health
  • Health Care Financing, Coverage and Reimbursement Policy
    • No. 36563 (Amendment): Section R414-320-10. Income Provisions
      • Due of Comment: 9/14/2012
    • No. 36564 (Amendment): Rule R414-320. Medicaid Health Insurance Flexibility and Accountability Demonstration Waiver
      • Due of Comment: 9/14/2012
    • No. 36565 (Amendment): Rule R414-310. Medicaid Primary Care Network Demonstration Waiver
      • Due of Comment: 9/14/2012
    • No. 36566 (Amendment): Section R414-308-3. Application and Signature
      • Due of Comment: 9/14/2012
    • No. 36567 (Repeal and Reenact): Rule R414-502. Nursing Facility Levels of Care
      • Due of Comment: 9/14/2012
• Pardons (Board of)
  • Administration
    • No. 36568 (Amendment): Rule R671-301. Personal Appearance
      • Due of Comment: 9/14/2012
    • No. 36569 (Amendment): Rule R671-302. News Media and Public Access to Hearings
      • Due of Comment: 9/14/2012
    • No. 36570 (Amendment): Rule R671-304. Hearing Record
      • Due of Comment: 9/14/2012
    • No. 36571 (Amendment): Rule R671-305. Notification of Board Decision
      • Due of Comment: 9/14/2012
    • No. 36572 (Amendment): Rule R671-309. Impartial Hearings
      • Due of Comment: 9/14/2012
    • No. 36573 (Amendment): Rule R671-311. Special Attention Hearings and Reviews
      • Due of Comment: 9/14/2012
    • No. 36574 (Amendment): Rule R671-315. Pardons
      • Due of Comment: 9/14/2012
    • No. 36575 (Amendment): Rule R671-316. Redetermination
      • Due of Comment: 9/14/2012
• Insurance
  • Administration
    • No. 36577 (Amendment): Rule R590-122. Permissible Arbitration Provisions
      • Due of Comment: 9/14/2012
    • No. 36578 (Amendment): Rule R590-151. Records Access Rule
      • Due of Comment: 9/14/2012
    • No. 36579 (Amendment): Rule R590-176. Health Benefit Plan Enrollment
      • Due of Comment: 9/14/2012
• Health
  • Disease Control and Prevention, Environmental Services
    • No. 36580 (Amendment): Rule R392-700. Indoor Tanning Bed Sanitation
      • Due of Comment: 9/14/2012
• Education
  • Administration
    • No. 36591 (Amendment): Rule R277-101. Utah State Board of Education Procedures
      • Due of Comment: 9/14/2012
    • No. 36592 (Amendment): Rule R277-103. USOE Government Records and Management Act
      • Due of Comment: 9/14/2012
    • No. 36594 (Amendment): Rule R277-110. Legislative Supplemental Salary Adjustment
      • Due of Comment: 9/14/2012
    • No. 36595 (Amendment): Section R277-115-1. Definitions
      • Due of Comment: 9/14/2012
• Insurance
  • Administration
    • No. 36596 (Amendment): Rule R590-154. Unfair Marketing Practices Rule
      • Due of Comment: 9/14/2012 Hearing Meeting: 09/11/2012 11:00 AM, State Office Bldg, 450 N State Street, Room 3112, Salt Lake City, UT
• Education
  • Administration
    • No. 36598 (Amendment): Rule R277-116. Utah State Board of Education Internal Audit Procedure
      • Due of Comment: 9/14/2012
    • No. 36599 (Amendment): Rule R277-400. School Emergency Response Plans
      • Due of Comment: 9/14/2012
    • No. 36600 (Amendment): Rule R277-410. Accreditation of Schools
      • Due of Comment: 9/14/2012
    • No. 36601 (Repeal): Rule R277-411. Elementary School Accreditation
      • Due of Comment: 9/14/2012
    • No. 36602 (Repeal): Rule R277-412. Junior High and Middle School Accreditation
      • Due of Comment: 9/14/2012
    • No. 36603 (Repeal): Rule R277-413. Accreditation of Secondary Schools
      • Due of Comment: 9/14/2012
• Environmental Quality
  • Air Quality
    • No. 36604 (New Rule): Rule R307-356. Appliance Pilot Light
      • Due of Comment: 10/1/2012 Hearing Meeting: 09/12/2012 10:00 AM, DEQ Bldg, 195 N 1950 W, Room No. 4100, Salt Lake City, UT
    • No. 36605 (New Rule): Rule R307-330. Generator Testing
      • Due of Comment: 10/1/2012
• Transportation
  • Preconstruction, Right-of-Way Acquisition
    • No. 36606 (Amendment): Section R933-3-4. When Access is Controlled
      • Due of Comment: 9/14/2012
• Environmental Quality
  • Air Quality
    • No. 36607 (Amendment): Rule R307-207. Residential Fireplaces and Solid Fuel Burning Devices
      • Due of Comment: 10/1/2012 Hearing Meeting: 09/12/2012 09:00 AM, DEQ Bldg, 195 N 1950 W, Room No. 4100, Salt Lake City, UT
• Transportation
  • Preconstruction, Right-of-Way Acquisition
    • No. 36608 (Amendment): Rule R933-2. Control of Outdoor Advertising Signs
      • Due of Comment: 9/14/2012 Hearing Meeting: 08/27/2012 01:00 PM, Calvin Rampton Complex, 4501 S 2700 W, First Floor, Salt Lake City, UT
• Environmental Quality
  • Air Quality
    • No. 36611 (Amendment): Rule R307-302. Davis, Salt Lake, Utah, Weber Counties: Residential Fireplaces and Stoves
      • Due of Comment: 10/1/2012 Hearing Meeting: 09/12/2012 09:00 AM, DEQ Bldg, 195 N 1950 W, Room No. 4100, Salt Lake City, UT
• Workforce Services
  • Unemployment Insurance
    • No. 36613 (Amendment): Section R994-201-101. General Definitions and Acronyms
      • Due of Comment: 9/14/2012
• Insurance
  • Administration
    • No. 36615 (Amendment): Rule R590-199. Plan of Orderly Withdrawal Rule Relating to Health Benefit Plans
      • Due of Comment: 9/14/2012
• Workforce Services
  • Unemployment Insurance
    • No. 36619 (Amendment): Rule R994-403. Claim for Benefits
      • Due of Comment: 9/14/2012
• Health
  • Disease Control and Prevention, Environmental Services
    • No. 36620 (Amendment): Rule R392-510. Utah Indoor Clean Air Act
      • Due of Comment: 9/14/2012
• Workforce Services
  • Employment Development
    • No. 36621 (Amendment): Section R986-900-902. Options and Waivers
      • Due of Comment: 9/14/2012

3. Notices of Changes in Proposed Rules

• Environmental Quality
  • Air Quality
    • No. 36176 (Change in Proposed Rule): Rule R307-801. Utah Asbestos Rule
• Public Service Commission
  • Administration
    • No. 36214 (Change in Proposed Rule): Rule R746-313. Electric Service Reliability
      • Due of Comment: 9/14/2012

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

• Treasurer
  • Unclaimed Property
    • No. 36504 (5-year Review): Rule R966-1. Requirements for Claims where no Proof of Stock Ownership Exists
• Auditor
  • Administration
    • No. 36506 (5-year Review): Rule R123-3. State Auditor Adjudicative Proceedings
    • No. 36509 (5-year Review): Rule R123-4. Public Petitions for Declaratory Orders
    • No. 36510 (5-year Review): Rule R123-5. Audit Requirements for Audits of Political Subdivisions and Nonprofit Organizations
• Financial Institutions
  • Administration
    • No. 36527 (5-year Review): Rule R331-5. Rule Governing Sale of Securities by Persons Issuing Securities, Who Are Under the Jurisdiction of the Department of Financial Institutions
    • No. 36528 (5-year Review): Rule R331-9. Rule Prescribing Rules of Procedure for Hearings Before the Commissioner of Financial Institutions of the State of Utah
    • No. 36529 (5-year Review): Rule R331-10. Schedule for Retention or Destruction of Records of Financial Institutions Under the Jurisdiction of the Department of Financial Institutions
    • No. 36530 (5-year Review): Rule R331-12. Guidelines Governing the Purchase and Sale of Loans and Participations in Loans by all State Chartered Financial Institutions
    • No. 36531 (5-year Review): Rule R331-14. Rule Governing Parties Who Engage in the Business of Issuing and Selling Money Orders, Traveler's Checks, and Other Instruments for the Purpose of Effecting Third-Party Payments
    • No. 36532 (5-year Review): Rule R331-7. Rule Governing Leasing Transactions by Depository Institutions Subject to the Jurisdiction of the Department of Financial Institutions
    • No. 36533 (5-year Review): Rule R331-22. Rule Governing Reimbursement of Costs of Financial Institutions for Production of Records
• Commerce
  • Securities
    • No. 36537 (5-year Review): Rule R164-9. Registration by Coordination
    • No. 36538 (5-year Review): Rule R164-10. Registration by Qualification
    • No. 36539 (5-year Review): Rule R164-11. Registration Statement
    • No. 36540 (5-year Review): Rule R164-12. Sales Commission
    • No. 36541 (5-year Review): Rule R164-14. Exemptions
    • No. 36542 (5-year Review): Rule R164-15. Federal Covered Securities
    • No. 36543 (5-year Review): Rule R164-26. Consent to Service of Process
• Environmental Quality
  • Water Quality
    • No. 36544 (5-year Review): Rule R317-6. Ground Water Quality Protection
• Pardons (Board of)
  • Administration
    • No. 36549 (5-year Review): Rule R671-403. Restitution
• Health
  • Health Care Financing, Coverage and Reimbursement Policy
    • No. 36559 (5-year Review): Rule R414-60B. Preferred Drug List
• Education
  • Administration
    • No. 36581 (5-year Review): Rule R277-101. Utah State Board of Education Procedures
    • No. 36582 (5-year Review): Rule R277-103. USOE Government Records and Management Act
    • No. 36583 (5-year Review): Rule R277-110. Legislative Supplemental Salary Adjustment
    • No. 36584 (5-year Review): Rule R277-112. Prohibiting Discrimination in the Public Schools
    • No. 36585 (5-year Review): Rule R277-115. Material Developed with State Public Education Funds
    • No. 36586 (5-year Review): Rule R277-116. Utah State Board of Education Internal Audit Procedure
    • No. 36587 (5-year Review): Rule R277-400. School Emergency Response Plans
    • No. 36588 (5-year Review): Rule R277-410. Accreditation of Schools
    • No. 36589 (5-year Review): Rule R277-411. Elementary School Accreditation
    • No. 36590 (5-year Review): Rule R277-412. Junior High and Middle School Accreditation
• Transportation
  • Operations, Maintenance
    • No. 36609 (5-year Review): Rule R918-3. Snow Removal
  • Operations, Traffic and Safety
    • No. 36612 (5-year Review): Rule R920-4. Permit Required for Special Road Use or Event
    • No. 36616 (5-year Review): Rule R920-1. Manual of Uniform Traffic Control Devices
    • No. 36617 (5-year Review): Rule R920-6. Snow Tire and Chain Requirements
    • No. 36618 (5-year Review): Rule R920-51. Safety Regulations for Railroads

5. Notices of Five-Year Extensions

• Transportation
  • Operations, Traffic and Safety
    • No. 36610 (Five-Year Extension): Rule R920-3. Manual of Uniform Traffic Control Devices, Part VI
    • No. 36614 (Five-Year Extension): Rule R920-5. Manual and Specifications on School Crossing Zones. Supplemental to Part VII of the Manual on Uniform Traffic Control Devices

6. Notices of Rule Effective Dates

• Environmental Quality
  • Air Quality
    • No. 35865 (Repeal and Reenact): Rule R307-107. General Requirement: Unavoidable Breakdown
    • No. 35865 (Change in Proposed Rule): Rule R307-107. General Requirements: Unavoidable Breakdown
    • No. 35923 (Change in Proposed Rule): Rule R307-202. Emission Standards: General Burning
    • No. 35923 (Repeal and Reenact): Rule R307-202. Emission Standards: General Burning
• Alcoholic Beverage Control
  • Administration
    • No. 35942 (Amendment): Section R81-3-11. Application
• Environmental Quality
  • Environmental Response and Remediation
    • No. 36028 (Amendment): Section R311-401-2. Hazardous Substances Priority List
• Health
  • Family Health and Preparedness, Children with Special Health Care Needs
    • No. 36109 (Amendment): Rule R398-5. Birth Defects Reporting
• Science Technology and Research Governing Auth.
  • Administration
    • No. 36155 (New Rule): Rule R856-2. Distribution of Utah Science Technology and Research Commercialization Revenues
    • No. 36156 (New Rule): Rule R856-1. Formation and Funding of Utah Science Technology and Research Innovation Teams
• Tax Commission
  • Collections
    • No. 36168 (Amendment): Section R867-2B-2. Jeopardy Assessment Pursuant to Utah Code Ann. Sections 59-1-701 and 59-1-702
    • No. 36169 (Amendment): Section R867-2B-4. Uniform Affixing and Displaying of Drug Stamps Pursuant to Utah Code Ann. Section 59-19-104
  • Auditing
    • No. 36170 (Amendment): Section R865-6F-6. Application of Corporation Franchise or Income Tax Acts to Qualified Corporations and to Nonqualified Foreign Corporations Pursuant to Utah Code Ann. Section 59-7-104
    • No. 36171 (Amendment): Section R865-12L-14. Local Sales and Use Tax Distributions and Redistributions Pursuant to Utah Code Ann. Sections 59-12-210 and 59-12-210.1
  • Administration
    • No. 36172 (Amendment): Section R861-1A-20. Time of Appeal Pursuant to Utah Code Ann. Sections 59-1-301, 59-1-501, 59-2-1007, 59-7-517, 59-10-532, 59-10-533, 59-10-535, 59-12-114, 59-13-210, 63G-4-201, 63G-4-401, 68-3-7, and 68-3-8.5
  • Auditing
    • No. 36173 (Amendment): Section R865-9I-49. Higher Education Savings Incentive Program Administration Pursuant to Utah Code Ann. Sections 53B-8a-112, 59-10-114, and 59-10-1017
  • Property Tax
    • No. 36174 (Amendment): Section R884-24P-66. County Board of Equalization Procedures and Appeals Pursuant to Utah Code Ann. Section 59-2-1004
  • Auditing
    • No. 36175 (Amendment): Section R865-19S-123. Specie Legal Tender Pursuant to Utah Code Ann. Section 59-12-107
• Health
  • Family Health and Preparedness, Emergency Medical Services
    • No. 36182 (Amendment): Rule R426-16. Emergency Medical Services Ambulance Rates and Charges
  • Health Care Financing, Coverage and Reimbursement Policy
    • No. 36186 (Amendment): Section R414-501-2. Definitions
    • No. 36187 (Repeal and Reenact): Rule R414-503. Preadmission Screening and Resident Review
• Commerce
  • Occupational and Professional Licensing
    • No. 36228 (Amendment): Rule R156-60d. Substance Abuse Counselor Act Rule
• Natural Resources
  • Parks and Recreation
    • No. 36229 (Repeal): Rule R651-612. Firearms, Traps and Other Weapons
    • No. 36230 (Amendment): Section R651-407-1. Appointment and Description of Vehicle Advisory Council Membership
• Public Safety
  • Driver License
    • No. 36231 (Repeal and Reenact): Rule R708-21. Third-Party Testing
• Natural Resources
  • Parks and Recreation
    • No. 36232 (Amendment): Section R651-406-1. Annual Registration Fee
    • No. 36233 (Amendment): Section R651-401-1. Stickers
    • No. 36234 (Amendment): Section R651-205-15. Lost Creek Reservoir
    • No. 36235 (Amendment): Rule R651-227. Boating Safety Course Fees
    • No. 36237 (Amendment): Section R651-201-7. Low Capacity Vessel
    • No. 36238 (Amendment): Section R651-206-1. Definitions
    • No. 36239 (Amendment): Section R651-206-4. Additional PFD Requirements for Vessels Carrying Passengers for Hire
    • No. 36240 (Amendment): Section R651-226-2. Safety Vessels Permitted
    • No. 36241 (Amendment): Section R651-219-3. Spare Propulsion
    • No. 36242 (Amendment): Section R651-205-2. Deer Creek Reservoir
    • No. 36243 (Amendment): Section R651-206-3. Utah Captain's/Guides License and Utah Boat Crew Permit
• Health
  • Disease Control and Prevention, Epidemiology
    • No. 36247 (Amendment): Rule R386-702. Communicable Disease Rule
• Agriculture and Food
  • Animal Industry
    • No. 36248 (Repeal): Rule R58-16. Swine Garbage Feeding
    • No. 36249 (Repeal): Rule R58-10. Meat and Poultry Inspection
• Alcoholic Beverage Control
  • Administration
    • No. 36271 (Amendment): Section R81-1-3. General Policies
• School and Institutional Trust Lands
  • Administration
    • No. 36279 (Amendment): Section R850-21-300. Lease Application Process
• Health
  • Family Health and Preparedness, Children with Special Health Care Needs
    • No. 36281 (New Rule): Rule R398-15. Autism Treatment Account
• Commerce
  • Occupational and Professional Licensing
    • No. 36282 (Amendment): Rule R156-3a. Architect Licensing Act Rule
• Corrections
  • Administration
    • No. 36292 (New Rule): Rule R251-115. Contract County Jail Programming Payment
• Workforce Services
  • Employment Development
    • No. 36300 (Amendment): Section R986-900-902. Options and Waivers
    • No. 36303 (Amendment): Section R986-700-712. CC for Certain Homeless Families
    • No. 36304 (Amendment): Section R986-100-114a. Determining When a Document is Considered Received by the Department
• Labor Commission
  • Occupational Safety and Health
    • No. 36306 (Amendment): Section R614-1-4. Incorporation of Federal Standards
• Education
  • Administration
    • No. 36308 (New Rule): Rule R277-617. Smart School Technology Program