Vol. 2011, No. 17 (09/01/2011)

1. Special Notices

• Environmental Quality
  • Air Quality
    • Notice of Public Comment Period: High Wind Exceptional Events -- Event Dates: 03/04/2009
• Commerce
  • Occupational and Professional Licensing
    • Public Hearing on 09/14/2011: State Construction Code Amendments Under Utah State Construction Code Administration Act

2. Executive Documents

• Governor
  • Administration
    • Governor's Executive Order EO/011/2011: Wildland Fire Management

3. Notices of Proposed Rules

• Workforce Services
  • Employment Development
    • No. 35109 (Amendment): Section R986-200-218. Exceptions to the Time Limit
      • Due of Comment: 10/3/2011
• Health
  • Disease Control and Prevention, Laboratory Improvement
    • No. 35110 (Amendment): Rule R444-14. Rule for the Certification of Environmental Laboratories
      • Due of Comment: 10/3/2011
• Commerce
  • Occupational and Professional Licensing
    • No. 35112 (Amendment): Rule R156-53. Landscape Architects Licensing Act Rules
      • Due of Comment: 10/3/2011 Hearing Meeting: 09/26/2011 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 402 (fourth floor), Salt Lake City, UT
• Labor Commission
  • Administration
    • No. 35126 (Amendment): Rule R600-2. Business Hours
      • Due of Comment: 10/3/2011
• Transportation
  • Operations, Construction
    • No. 35130 (Amendment): Rule R916-1. Advertising and Awarding Construction Contracts
      • Due of Comment: 10/3/2011
    • No. 35132 (Amendment): Rule R916-2. Prequalification of Contractors
      • Due of Comment: 10/3/2011
• Commerce
  • Real Estate
    • No. 35134 (Amendment): Section R162-2c-204. License Renewal
      • Due of Comment: 10/3/2011
• Transportation
  • Operations, Construction
    • No. 35135 (Amendment): Rule R916-4. Construction Manager/General Contractor Contracts
      • Due of Comment: 10/3/2011
    • No. 35136 (Amendment): Rule R916-5. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation
      • Due of Comment: 10/3/2011
• Commerce
  • Real Estate
    • No. 35137 (Amendment): Section R162-2c-102. Definitions
      • Due of Comment: 10/3/2011
• Public Safety
  • Criminal Investigations and Technical Services, Criminal Identification
    • No. 35139 (Repeal and Reenact): Rule R722-330. Licensing of Private Investigators
      • Due of Comment: 10/3/2011
• Tax Commission
  • Auditing
    • No. 35142 (Amendment): Section R865-3C-1. Allocation of Net Income Pursuant to Utah Code Ann. Section 59-7-204
      • Due of Comment: 10/3/2011
    • No. 35144 (Amendment): Section R865-6F-14. Extent to Which Federal Income Tax Provisions Are Followed for Corporation Franchise Tax Purposes Pursuant to Utah Code Ann. Sections 59-7-106, 59-7-108, 59-7-501, and 59-7-502
      • Due of Comment: 10/3/2011
    • No. 35145 (Amendment): Section R865-12L-16. Notification to Tax Commission Upon Change in the Election to Collect County or Municipality Imposed Transient Room Taxes Pursuant to Utah Code Ann. Sections 59-12-301 and 59-12-355
      • Due of Comment: 10/3/2011
    • No. 35146 (Amendment): Section R865-13G-10. Exemption For Purchase of Motor Fuels by State and Local Government Agencies Pursuant to Utah Code Ann. Section 59-13-201
      • Due of Comment: 10/3/2011
    • No. 35147 (Amendment): Section R865-15O-1. Oil and Gas Severance Tax Pursuant to Utah Code Ann. Sections 59-5-102 and 59-5-104
      • Due of Comment: 10/3/2011
  • Collections
    • No. 35148 (Amendment): Section R867-2B-1. Collection of Penalty Pursuant to Utah Code Ann. Section 59-1-302
      • Due of Comment: 10/3/2011
  • Property Tax
    • No. 35149 (Amendment): Section R884-24P-28. Reporting Requirements For Leased or Rented Personal Property, Pursuant to Utah Code Ann. Section 59-2-306
      • Due of Comment: 10/3/2011
    • No. 35150 (Amendment): Section R884-24P-33. 2011 Personal Property Valuation Guides and Schedules Pursuant to Utah Code Ann. Section 59-2-301
      • Due of Comment: 10/3/2011
    • No. 35151 (Amendment): Section R884-24P-42. Farmland Assessment Audits and Personal Property Audits Pursuant to Utah Code Ann. Subsection 59-2-508(2), and Section 59-2-705
      • Due of Comment: 10/3/2011
    • No. 35152 (Amendment): Section R884-24P-57. Judgment Levies Pursuant to Utah Code Ann. Sections 59-2-918.5, 59-2-924, 59-2-1328, and 59-2-1330
      • Due of Comment: 10/3/2011
• Financial Institutions
  • Administration
    • No. 35153 (Repeal): Rule R331-3. Rule to Govern Persons Soliciting Savings or Share Accounts, Deposit Accounts, or Similar Evidence of Indebtedness or Participation Interests Therein from Residents of this State
      • Due of Comment: 10/3/2011
• Agriculture and Food
  • Animal Industry
    • No. 35154 (Amendment): Rule R58-20. Domesticated Elk Hunting Parks
      • Due of Comment: 10/3/2011
• Environmental Quality
  • Environmental Response and Remediation
    • No. 35155 (Amendment): Rule R311-207. Accessing the Petroleum Storage Tank Trust Fund for Leaking Petroleum Storage Tanks
      • Due of Comment: 10/3/2011 Hearing Meeting: 09/19/2011 10:00 AM, DEQ Bldg, 195 N 1950 W, Room 1015, Salt Lake City, UT
    • No. 35156 (Amendment): Rule R311-212. Administration of the Petroleum Storage Tank Loan Fund
      • Due of Comment: 10/3/2011 Hearing Meeting: 09/19/2011 10:00 AM, DEQ, 195 N 1950 W, Room 1015, Salt Lake City, UT
• Commerce
  • Occupational and Professional Licensing
    • No. 35158 (Amendment): Rule R156-54. Radiology Technologist and Radiology Practical Technician Licensing Act Rule
      • Due of Comment: 10/3/2011 Hearing Meeting: 09/15/2011 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 210, Salt Lake City, UT
• Education
  • Administration
    • No. 35162 (New Rule): Rule R277-109. Legislative Reporting and Accountability
      • Due of Comment: 10/3/2011
    • No. 35163 (Amendment): Rule R277-112. Prohibiting Discrimination in the Public Schools
      • Due of Comment: 10/3/2011
    • No. 35164 (Amendment): Rule R277-403. Student Reading Proficiency and Notice to Parents
      • Due of Comment: 10/3/2011
    • No. 35165 (New Rule): Rule R277-406. K-3 Reading Improvement Program and the State Reading Goal
      • Due of Comment: 10/3/2011
    • No. 35166 (Amendment): Rule R277-460. Distribution of Substance Abuse Prevention Account
      • Due of Comment: 10/3/2011
    • No. 35167 (Repeal): Rule R277-479. Expenditure of Appropriation for District Services
      • Due of Comment: 10/3/2011
    • No. 35168 (New Rule): Rule R277-530. Utah Effective Teaching and Educational Leadership Standards
      • Due of Comment: 10/3/2011
    • No. 35169 (New Rule): Rule R277-708. Enhancement for At-Risk Students Program
      • Due of Comment: 10/3/2011
    • No. 35170 (New Rule): Rule R277-726. Statewide Public Education Online Program
      • Due of Comment: 10/3/2011

4. Notices of 120-Day (Emergency) Rules

• Labor Commission
  • Administration
    • No. 35125 (Emergency Rule): Rule R600-2. Business Hours

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

• Health
  • Disease Control and Prevention, Laboratory Improvement
    • No. 35107 (5-year Review): Rule R444-1. Approval of Clinical Laboratories
• Insurance
  • Administration
    • No. 35108 (5-year Review): Rule R590-178. Securities Custody
• Health
  • Disease Control and Prevention, Laboratory Improvement
    • No. 35111 (5-year Review): Rule R444-14. Rule for the Certification of Environmental Laboratories
  • Center for Health Data, Vital Records and Statistics
    • No. 35118 (5-year Review): Rule R436-5. New Birth Certificates After Legitimation, Court Determination of Paternity or Adoption
• Commerce
  • Consumer Protection
    • No. 35119 (5-year Review): Rule R152-1a. Internet Content Provider Ratings Methods
    • No. 35120 (5-year Review): Rule R152-26. Telephone Fraud Prevention Act
    • No. 35121 (5-year Review): Rule R152-11. Utah Consumer Sales Practices Act
• Human Services
  • Services for People with Disabilities
    • No. 35122 (5-year Review): Rule R539-9. Supported Employment Pilot Program
  • Administration
    • No. 35123 (5-year Review): Rule R495-880. Adoption Assistance
    • No. 35124 (5-year Review): Rule R495-876. Provider Code of Conduct
• Agriculture and Food
  • Regulatory Services
    • No. 35127 (5-year Review): Rule R70-930. Method of Sale of Commodities
    • No. 35128 (5-year Review): Rule R70-940. Standards and Testing of Motor Fuel
• Transportation
  • Operations, Construction
    • No. 35129 (5-year Review): Rule R916-1. Advertising and Awarding Construction Contracts
    • No. 35131 (5-year Review): Rule R916-2. Prequalification of Contractors
    • No. 35133 (5-year Review): Rule R916-3. DESIGN-BUILD Contracts
  • Administration
    • No. 35138 (5-year Review): Rule R907-63. Structure Repair and Loss Recovery Procedure
    • No. 35140 (5-year Review): Rule R907-1. Appeal of Departmental Actions
• Administrative Services
  • Facilities Construction and Management
    • No. 35157 (5-year Review): Rule R23-25. Administrative Rules Adjudicative Proceedings
• Commerce
  • Occupational and Professional Licensing
    • No. 35159 (5-year Review): Rule R156-77. Direct-Entry Midwife Act Rule
    • No. 35160 (5-year Review): Rule R156-40. Recreational Therapy Practice Act Rule

6. Notices of Rule Effective Dates

• Insurance
  • Title and Escrow Commission
    • No. 34510 (Amendment): Section R592-6-4. Unfair Methods of Competition, Acts and Practices
    • No. 34510 (Change in Proposed Rule): Section R592-6-4. Unfair Methods of Competition, Acts and Practices
• Community and Culture
  • History
    • No. 34534 (Amendment): Rule R212-6. State Register for Historic Resources and Archaeological Sites
• Regents (Board of)
  • University of Utah, Administration
    • No. 34808 (New Rule): Rule R805-5. Enforcement of No Smoking Areas at University of Utah Hospitals and Clinics
    • No. 34808 (Change in Proposed Rule): Rule R805-5. Enforcement of No Smoking Areas at University of Utah Hospitals and Clinics
• Corrections
  • Administration
    • No. 34853 (Repeal): Rule R251-112. Americans With Disabilities Act Implementation and Complaint Process
    • No. 34854 (Repeal): Rule R251-113. Distribution of Reimbursement for the Felony Probation Inmate Costs Reimbursement Program/Fund
    • No. 34855 (Repeal): Rule R251-304. Contract Procedures
• Tax Commission
  • Auditing
    • No. 34869 (Amendment): Section R865-20T-13. Calculation of Tax on Moist Snuff Pursuant to Utah Code Ann. Section 59-14-302
    • No. 34870 (Amendment): Section R865-4D-3. User-Dealer's License Pursuant to Utah Code Ann. Section 59-13-302
    • No. 34871 (Amendment): Section R865-6F-23. Utah Steam Coal Tax Credit Pursuant to Utah Code Ann. Section 59-7-604
    • No. 34872 (Amendment): Section R865-13G-16. Aviation Fuel Tax Refund or Credit Pursuant to Utah Code Ann. Section 59-13-404
    • No. 34873 (Amendment): Section R865-20T-5. Bonding Requirements For Tobacco-Products Dealers Pursuant to Utah Code Ann. Section 59-14-301
    • No. 34876 (Amendment): Section R865-20T-6. Purchase of Cigarette Stamps Pursuant to Utah Code Ann. Section 59-14-206
  • Motor Vehicle
    • No. 34877 (Amendment): Section R873-22M-31. Determination of Special Interest Vehicle Pursuant to Utah Code Ann. Section 41-1a-102
    • No. 34878 (Amendment): Section R873-22M-37. Standard Issue License Plates Pursuant to Utah Code Ann. Sections 41-1a-402 and 41-1a-1211
  • Property Tax
    • No. 34879 (Amendment): Section R884-24P-8. Security for Property Tax on Uranium and Vanadium Mines Pursuant to Utah Code Ann. Section 59-2-211
    • No. 34880 (Amendment): Section R884-24P-14. Valuation of Real Property Encumbered by Preservation Easements Pursuant to Utah Code Ann. Section 59-2-303
    • No. 34881 (Amendment): Section R884-24P-41. Adjustment or Deferral of Property Taxes Pursuant to Utah Code Ann. Section 59-2-1347
  • Auditing
    • No. 34882 (Amendment): Section R865-19S-42. Sales to The State of Utah and Its Subdivisions Pursuant to Utah Code Ann. Section 59-12-104
• Insurance
  • Administration
    • No. 34892 (Amendment): Rule R590-207. Health Agent Commissions for Small Employer Groups
    • No. 34896 (Amendment): Rule R590-149. ADA Complaint Procedure Rule
• Workforce Services
  • Employment Development
    • No. 34897 (Amendment): Section R986-200-247. Utah Back to Work Pilot Program (BWP)
  • Unemployment Insurance
    • No. 34898 (Amendment): Section R994-403-112c. Available
    • No. 34899 (Amendment): Section R994-207-101. General Definition
• Commerce
  • Real Estate
    • No. 34907 (Amendment): Rule R162-2c. Utah Residential Mortgage Practices and Licensing Rules
    • No. 34908 (Amendment): Section R162-2f-102. Definitions
    • No. 34909 (Amendment): Section R162-2f-205. Registration of Entity
    • No. 34910 (Amendment): Section R162-2f-401a. Affirmative Duties Required of all Licensed Individuals
    • No. 34911 (Amendment): Section R162-2f-403. Trust Accounts
  • Occupational and Professional Licensing
    • No. 34912 (Amendment): Rule R156-78. Vocational Rehabilitation Counselor Licensing Act Rule
• Education
  • Administration
    • No. 34922 (New Rule): Rule R277-405. Requirements for Assessment Pilot Programs
    • No. 34923 (Amendment): Rule R277-436. Gang Prevention and Intervention Programs in the Schools
    • No. 34924 (Amendment): Rule R277-473. Testing Procedures
    • No. 34925 (Amendment): Rule R277-474. School Instruction and Human Sexuality
    • No. 34926 (Amendment): Rule R277-478. Block Grant Funding
    • No. 34927 (Amendment): Rule R277-491. School Community Councils
    • No. 34928 (Amendment): Rule R277-616. Education for Homeless and Emancipated Students and State Funding for Homeless and Disadvantaged Minority Students
• Governor
  • Economic Development
    • No. 34930 (New Rule): Rule R357-6. Technology and Life Science Economic Development and Related Tax Credits
• Insurance
  • Administration
    • No. 34931 (Amendment): Rule R590-99. Delay or Failure to Record Documents and the Insuring of Properties with the False Appearance of Unmarketability as Unfair Title Insurance Practices
• Education
  • Administration
    • No. 34936 (Amendment): Rule R277-705. Secondary School Completion and Diplomas
    • No. 34937 (New Rule): Rule R277-707. Enhancement for Accelerated Students Program