UTAH STATE BULLETIN

OFFICIAL NOTICES OF STATE GOVERNMENT Filed December 17, 2019, 12:00 a.m. through December 31, 2019, 11:59 p.m.

Number 2020-02 January 15, 2020

Nancy L. Lancaster, Managing Editor

The Utah State Bulletin (Bulletin) is an official noticing publication of the executive branch of Utah state government. The Office of Administrative Rules, part of the Department of Administrative Services, produces the Bulletin under authority of Section 63G-3-402.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/. Any discrepancy between the PDF version and other versions will be resolved in favor of the PDF version.

Inquiries concerning the substance or applicability of an administrative rule that appears in the Bulletin should be addressed to the contact person for the rule. Questions about the Bulletin or the rulemaking process may be addressed to: Office of Administrative Rules, PO Box 141007, Salt Lake City, Utah 84114-1007, telephone 801-538-3003. Additional rulemaking information and electronic versions of all administrative rule publications are available at https://rules.utah.gov/.

The information in this Bulletin is summarized in the Utah State Digest (Digest) of the same volume and issue number. The Digest is available by e-mail subscription or online. Visit https://rules.utah.gov/ for additional information.

Office of Administrative Rules, Salt Lake City 84114

Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested.

Utah state bulletin. Semimonthly. 1. Delegated legislation--Utah--Periodicals. 2. Administrative procedure--Utah--Periodicals. I. Utah. Office of Administrative Rules.

KFU440.A73S7 348.792'025--DDC 85-643197

TABLE OF CONTENTS

NOTICES OF PROPOSED RULES ...... 1 FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION ...... 22 NOTICES FIVE-YEAR REVIEW EXTENSION ...... 29 NOTICES OF RULE EFFECTIVE DATES ...... 33

UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 i

NOTICES OF PROPOSED RULES

A state agency may file a PROPOSED RULE when it determines the need for a substantive change to an existing rule. With a NOTICE OF PROPOSED RULE, an agency may create a new rule, amend an existing rule, repeal an existing rule, or repeal an existing rule and reenact a new rule. Filings received between December 17, 2019, 12:00 a.m., and December 31, 2019, 11:59 p.m. are included in this, the January 15, 2020, issue of the Utah State Bulletin.

In this publication, each PROPOSED RULE is preceded by a RULE ANALYSIS. This analysis provides summary information about the PROPOSED RULE including the name of a contact person, anticipated cost impact of the rule, and legal cross-references.

Following the RULE ANALYSIS, the text of the PROPOSED RULE is usually printed. New rules or additions made to existing rules are underlined (example). Deletions made to existing rules are struck out with brackets surrounding them ([example]). Rules being repealed are completely struck out. A row of dots in the text between paragraphs (...... ) indicates that unaffected text from within a section was removed to conserve space. Unaffected sections are not usually printed. If a PROPOSED RULE is too long to print, the Office of Administrative Rules may include only the RULE ANALYSIS. A copy of each rule that is too long to print is available from the filing agency or from the Office of Administrative Rules.

The law requires that an agency accept public comment on PROPOSED RULES published in this issue of the Utah State Bulletin until at least February 14, 2020. The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the RULE ANALYSIS. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific PROPOSED RULE. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule."

From the end of the public comment period through May 14, 2020, the agency may notify the Office of Administrative Rules that it wants to make the PROPOSED RULE effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date of this issue of the Utah State Bulletin. Alternatively, the agency may file a CHANGE IN PROPOSED RULE in response to comments received. If the Office of Administrative Rules does not receive a NOTICE OF EFFECTIVE DATE or a CHANGE IN PROPOSED RULE, the PROPOSED RULE lapses.

The public, interest groups, and governmental agencies are invited to review and comment on PROPOSED RULES. Comment may be directed to the contact person identified on the RULE ANALYSIS for each rule.

PROPOSED RULES are governed by Section 63G-3-301, Rule R15-2, and Sections R15-4-3, R15-4-4, R15-4-5a, R15-4-9, and R15-4-10.

The Proposed Rules Begin on the Following Page

UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 1 NOTICE OF PROPOSED RULE A) State budget: TYPE OF RULE: New There is no impact to the state budget with this rule Utah Admin. Code R58-13 Filing No. because the exemptions are currently required under the Ref (R no.): 52469 Utah Code. The new rule clarifies what is already standard practice and does not impose any new costs or requirements. Agency Information 1. Department: Agriculture and Food B) Local governments: Agency: Animal Industry There is no impact to the local governments with this rule Street address: 350 North Redwood Road because the exemptions are currently required under the City, state: Salt Lake City, Utah Utah Code. The new rule clarifies what is already Mailing address: PO Box 146500 standard practice and does not impose any new costs or requirements. City, state, zip: Salt Lake City, Utah 84114-6500 Contact person(s): C) Small businesses ("small business" means a Name: Phone: Email: business employing 1-49 persons): Amber Brown 801- [email protected] There is no impact to small businesses with this rule 538- because the exemptions are already standard practice. 6023 Kelly Pehrson 385- [email protected] D) Non-small businesses ("non-small business" means 538- a business employing 50 or more persons): 7102 There is no impact to non-small businesses with this rule Leann Hunting 801- [email protected] because the exemptions are already standard practice. 538- 7166 E) Persons other than small businesses, non-small Please address questions regarding information on this businesses, state, or local government entities notice to the agency. ("person" means any individual, partnership, corporation, association, governmental entity, or public or private General Information organization of any character other than an agency): 2. Rule or section catchline: There is no impact to other persons because the exemptions are already standard practice. Custom Exempt Slaughter

F) Compliance costs for affected persons: 3. Purpose of the new rule or reason for the change (If this is a new rule, what is the purpose of the rule? If There are no compliance costs for affected persons. this is an amendment, repeal, or repeal and reenact, what is the reason for the filing?): G) Regulatory Impact Summary Table (This table only The purpose of this rule is to exempt from inspection the includes fiscal impacts that could be measured. If there slaughtering and preparation of livestock that is are inestimable fiscal impacts, they will not be included in exclusively used by the owner of the livestock. This rule this table. Inestimable impacts will be included in replaces a previous rule that expired. narratives above.)

Regulatory Impact Table 4. Summary of the new rule or change: Fiscal Cost FY2020 FY2021 FY2022 This rule provides for exemption for custom slaughter operators consistent with the Federal Meat Inspection State $0 $0 $0 Act. It exempts from inspection, slaughter, and Government preparation of livestock that is exclusively used by the Local $0 $0 $0 owner of the livestock, members of his household, Governments nonpaying guests, or full-time employees. It requires Small $0 $0 $0 custom slaughtered animals be clearly and plainly Businesses identified and separated from inspected carcasses while in an official establishment. Non-Small $0 $0 $0 Businesses Other $0 $0 $0 Fiscal Information Persons 5. Aggregate anticipated cost or savings to: Total Fiscal $0 $0 $0 Cost

UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 2 NOTICES OF PROPOSED RULES

Fiscal 10. This rule change MAY 02/21/2020 Benefits become effective on: State $0 $0 $0 NOTE: The date above is the date on which this rule Government MAY become effective. It is NOT the effective date. After Local $0 $0 $0 the date designated in Box 10, the agency must submit a Governments Notice of Effective Date to the Office of Administrative Rules to make this rule effective. Failure to submit a Small $0 $0 $0 Notice of Effective Date will result in this rule lapsing and Businesses will require the agency to start the rulemaking process Non-Small $0 $0 $0 over. Businesses Other $0 $0 $0 Agency Authorization Information Persons Agency head Kerry Gibson, Date: 12/23/2019 Total Fiscal $0 $0 $0 or designee, Commissioner Benefits and title: Net Fiscal $0 $0 $0 Benefits R58. Agriculture and Food, Animal Industry. R58-13. Custom Exempt Slaughter. H) Department head approval of regulatory impact R58-13-1. Authority. analysis: 1) Promulgated under authority of Sections 4-32-107, 4-32- The Commissioner of the Utah Department of Agriculture 111, and Subsection 4-2-103(1)(i). and Food, Kerry Gibson, has reviewed and approved this fiscal analysis. R58-13-2. Inspection Exemptions. 1) The Commissioner of Agriculture and Food may exempt 6. A) Comments by the department head on the fiscal the operation of any person from inspection or other requirements of impact this rule may have on businesses: Title 4, Chapter 32, to the extent operations would be exempt from corresponding requirements under the Federal Meat Inspection Act. This rule is necessary to codify standard practice custom 2) The commissioner or designee shall exempt from slaughter exemptions and will not have any fiscal impact inspection the slaughtering and preparation by any person of any on businesses. livestock which is exclusively for use by the owner of the livestock, members of his household, his nonpaying guests, or full-time B) Name and title of department head commenting on employees. the fiscal impacts: 3) The custom operator claiming exemption from inspection Kerry Gibson, Commissioner shall keep records showing the numbers and kinds of livestock slaughtered on a custom basis, the quantities and types of products prepared on a custom basis, and the names and addresses of the owners of the livestock and products. Citation Information 4) Custom operators claiming exemption shall obtain a Utah 7. This rule change is authorized or mandated by State Brand Inspection or proof of ownership verification prior to state law, and implements or interprets the following slaughter for beef animals slaughtered at an exempt slaughter state and federal laws. State code or constitution establishment. citations (required): 5) The establishment in which custom operations are Section 4-32-107 Section 4-32-110 Subsection 4-2- conducted will conform to sanitary requirements prescribed by the 103(1)(i) commissioner or designee and 9 CFR 308.4 through 308.11, 308.13, 308.14 and 308.3, except 308.3 (d) (2) and (3).

Public Notice Information R58-13-3. Identification of Carcasses. 9. The public may submit written or oral comments 1) The carcass of each custom slaughtered animal shall be to the agency identified in box 1. (The public may also clearly and plainly marked "NOT FOR SALE," in letters not less than request a hearing by submitting a written request to the 3/8 of an inch in height, immediately after the slaughter process is agency. The agency is required to hold a hearing if it completed. receives requests from ten interested persons or from an 2) The custom slaughtered carcass will be marked on each association having not fewer than ten members. quarter of the carcass. Additionally, the request must be received by the agency 3) Custom prepared product shall be plainly marked "NOT not more than 15 days after the publication of this rule in FOR SALE," 3/8 inch letter height, immediately after being prepared, the Utah State Bulletin. See Section 63G-3-302 and and kept so identified until delivered to the owner. Rule R15-1 for more information.) A) Comments will be accepted 02/14/2020 R58-13-4. Separation of Custom and Official Slaughtering. until: 1) If exempted custom slaughtering or other preparation of product is conducted in an official establishment, facilities and

equipment in the official establishment used for custom operations

UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 3 NOTICES OF PROPOSED RULES shall be thoroughly cleaned and sanitized before they are reused for hunting of predatory animals provided they are properly preparing each product for sale. permitted and licensed by the Department of Agriculture 2) Each exempted custom slaughtered carcass and product and Food (Department). This proposed rule establishes will be kept separate and away from each inspected carcass and the qualification and process for permitting and licensing. product while in an official establishment. 3) Each custom slaughtered carcass will be kept not less than 36 inches apart in the nearest proximity from each inspected 4. Summary of the new rule or change: carcass in chill and holding coolers. This proposed rule requires a producer to provide 4) The construction of an exempted slaughter or processing specific information on an application form which the establishment will conform to minimum requirements as prescribed by Department will provide. This rule requires the applicant the commissioner or designee to assure adequate facilities for the submit permission from the landowner, if not owned by purpose intended as required in the licensing act. the person applying. This proposed rule establishes the process for pilots who will be flying the aircraft for the KEY: custom slaughter, food inspection, food safety permittees. It requires coordination between permittees Date of Enactment or Last Substantive Amendment: February and federal and state agencies. Additionally, it specifies 21, 2020 the terms and conditions that must be followed. Authorizing, and Implemented or Interpreted Law: 3-32-107; 4-32-110; 4-2-103(1)(i) Fiscal Information

5. Aggregate anticipated cost or savings to: NOTICE OF PROPOSED RULE A) State budget: TYPE OF RULE: New The Department will need to review and approve Utah Admin. Code R58-25 Filing No. applicants for licenses and permits. This will include Ref (R no.): 52470 verifying the application is completed, as well as the accuracy of the information provided. It is anticipated Agency Information that it will cost the Department $10 to review and approve 1. Department: Agriculture and Food applications. The Department anticipates roughly 150 applications each year. The Department is charging a Agency: Animal Industry $10 license and permit fee which will result in a savings Street address: 350 N Redwood Road of $1,500. City, state: Salt Lake City, UT 84115 Mailing address: PO Box 146500 B) Local governments: City, state, zip: Salt Lake City, UT 84114 This rule is not anticipated to result in any costs or Contact person(s): savings with respect to any local governments.

Name: Phone: Email: C) Small businesses ("small business" means a Amber Brown 801- [email protected] business employing 1-49 persons): 538- 6023 The Department is charging a $10 license and permit fee which the permittee or licensee will have to pay. This will Kelly Pehrson 385- [email protected] be a $10 cost per applicant to small businesses. This 538- licensing fee will allow for the Department to issue a 7102 license for producers to mitigate predators. Allowing for Leann Hunting 801- [email protected] the mitigation of predators will have long-term and lasting 538- benefits to producers which the Department cannot 4976 quantify. Please address questions regarding information on this notice to the agency. D) Non-small businesses ("non-small business" means a business employing 50 or more persons): General Information The Department doesn't anticipate this rule affecting a 2. Rule or section catchline: non-small business as most of the producers who qualify for a permit are small businesses. However, the Aerial Hunting Permits and Licenses Department is charging a $10 license and permit fee which the permittee or licensee will have to pay. This will 3. Purpose of the new rule or reason for the change be a $10 cost per applicant to non-small businesses. (If this is a new rule, what is the purpose of the rule? If This licensing fee will allow for the Department to issue a this is an amendment, repeal, or repeal and reenact, license for producers to mitigate predators. Allowing for what is the reason for the filing?): the mitigation of predators will have long-term and lasting Utah Code Title 4, Chapter 23, allows for the aerial benefits to producers.

4 UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 NOTICES OF PROPOSED RULES

H) Department head approval of regulatory impact E) Persons other than small businesses, non-small analysis: businesses, state, or local government entities The Commissioner of the Department of Agriculture and ("person" means any individual, partnership, corporation, Food, Kerry Gibson, has reviewed and approved this association, governmental entity, or public or private fiscal analysis. organization of any character other than an agency): The Department is charging a $10 license and permit fee 6. A) Comments by the department head on the fiscal which the permittee or licensee will have to pay. This will impact this rule may have on businesses: be a $10 cost per applicant. This licensing fee will allow It is expected that this rule will allow the Department to for the Department to issue a license for producers to more quickly review and issue licenses, allowing mitigate predators. Allowing for the mitigation of businesses to enter business sooner and not further predators will have long-term and lasting benefits to delay revenues. The Department will use current staff to producers. operate and does not expect there to be any impact to the state budget. The proposed rule does not add any F) Compliance costs for affected persons: cost to those who are applying, it offers clarification to the application process. There is a $10 license and permit fee for qualified applicants. This fee will need to be paid before a permit B) Name and title of department head commenting on or license is issued. the fiscal impacts: G) Regulatory Impact Summary Table (This table only Kerry Gibson, Commissioner includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts will be included in Citation Information narratives above.) 7. This rule change is authorized or mandated by Regulatory Impact Table state law, and implements or interprets the following state and federal laws. State code or constitution Fiscal Cost FY2020 FY2021 FY2022 citations (required): State $1,500 $1,500 $1,500 Subsection 4-23- Government 106(7) Local $0 $0 $0 Governments Public Notice Information Small $1,500 $1,500 $1,500 9. The public may submit written or oral comments Businesses to the agency identified in box 1. (The public may also Non-Small $0 $0 $0 request a hearing by submitting a written request to the Businesses agency. The agency is required to hold a hearing if it Other $0 $0 $0 receives requests from ten interested persons or from an association having not fewer than ten members. Persons Additionally, the request must be received by the agency Total Fiscal $3,000 $3,000 $3,000 not more than 15 days after the publication of this rule in Cost the Utah State Bulletin. See Section 63G-3-302 and Fiscal Rule R15-1 for more information.) Benefits A) Comments will be accepted 02/14/2020 State $1,500 $1,500 $1,500 until: Government Local $0 $0 $0 10. This rule change MAY 02/21/2020 Governments become effective on: Small $0 $0 $0 NOTE: The date above is the date on which this rule Businesses MAY become effective. It is NOT the effective date. After Non-Small $0 $0 $0 the date designated in Box 10, the agency must submit a Businesses Notice of Effective Date to the Office of Administrative Rules to make this rule effective. Failure to submit a Other $0 $0 $0 Notice of Effective Date will result in this rule lapsing and Persons will require the agency to start the rulemaking process Total Fiscal $0 $0 $0 over. Benefits Net Fiscal $-1,500 $-1,500 $-1,500 Benefits

UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 5 NOTICES OF PROPOSED RULES

Agency Authorization Information R58-25-4. Licensing for Pilots. Agency head Kerry Gibson, Date: 12/23/2019 1) A pilot shall be licensed by the department before or designee, Commissioner engaging in aerial hunting activities. and title: 2) An applicant seeking a license as an aerial hunting pilot shall submit the following to the department: a) a completed application form provided by the R58. Agriculture and Food, Animal Industry. department; R58-25. Aerial Hunting Permits and Licenses. b) proof of a current pilot's license; R58-25-1. Authority and Purpose. c) proof of having 200 total flying hours; 1) Pursuant to Utah Code 4-23-106(7), this rule d) a copy of the current registration with the Federal establishes a system for the issuance of aerial hunting permits to Aviation Administration or the Utah Division of Aeronautics for any protect livestock from predatory animals, establishes the duties of a aircraft, intended to be used in aerial hunting; permittee, and the licensing qualification and requirements for the e) proof of aviation insurance with a minimum liability pilot and the aircraft to be used in aerial hunting. coverage amount no less than $250,000; and f) date and class of the most recent flight medical exam. R58-25-2. Definitions. 3) A pilot shall have a private pilot's license as a 1) "Aerial hunting" means the use of any aircraft by a minimum rating to qualify for licensure with the department. private person to harass, injure, or destroy a predatory animal for 4) An application is not considered complete until the the protection of land, water, livestock, domestic animals, human application fee, as approved by the legislature in the fee schedule, life, or crops. has been paid to the department. 2) "Aerial shooter" means a permittee or an agent of the 5) The department shall deny any applicant who does not permittee engaged in the hunting or shooting of a predatory animal submit all required information. from an aircraft. 6) The department may refuse to issue a permit, or revoke 3) "Aircraft" means any contrivance now known or in the an existing permit, if the permit application contains false future invented, used, or designed for navigation of or flight in the information. air. 7) The department shall respond to an application within 4) "Department" means the Utah Department of 15 days. Agriculture and Food. 8) A license shall be valid form July 1st through June 30th. 5) "Predatory animal" means any coyote. 9) A license shall be renewed yearly. 10) The department may deny renewal, if the licensee is R58-25-3. Permit Application. not fully qualified or has failed to maintain qualification in anyway 1) A private person who engages in the aerial hunting of during the previous license period. any bird, fish, or other animal, including a predatory animal shall first obtain a permit from the department. R58-25-5. Terms of the Permit or License. 2) An applicant seeking an aerial hunting permit shall 1) A permittee or licensee shall only engage in aerial submit the following to the department: hunting in the geographic area specified on the permit. a) a completed application form provided by the 2) The permit and licenses shall be in the possession of department; the permittee or licensee when engaged in the activities covered by b) the name of the individual(s) to be engaged as the the permit. aerial shooter; and 3) Permits are not transferable. c) name and department's licensing number of the pilot to 4) The permittee shall file semi-annual reports with the be used. department. 3) An applicant shall further submit to the department: 5) The department shall be notified by the permittee of a) written consent from each private landowner on whose any changes to aircraft, pilots, geographic locations, or shooters not property the applicant plans to conduct aerial hunting operations; previously listed on the application within 5 days. b) a signed statement affirming the permittee, or any 6) The Department shall issue an amended permit within aerial shooter engaged by the permittee is not a restricted person as 15 days of receiving notification of changes as specified in R58-25- defined in Utah Code 76-10-503. 5(5). 4) An application is not considered complete until the 7) Information concerning aerial hunting activities application fee, as approved by the legislature in the fee schedule, conducted by the permittee shall be provided to those federal land has been paid to the department. management agencies on whose land the activities are to be 5) The department shall deny any applicant who does not conducted by the permittee. This provision shall not be interpreted submit all required information. to require a permit applicant to obtain permission from the federal 6) The department shall deny any applicant who does not land management agency to conduct aerial hunting activities as a meet the qualification of Utah Code 4-23-106(6). condition of receiving the permit from the department. 7) The department may refuse to issue a permit, or revoke 8) The permittee shall coordinate aerial hunting activities an existing permit, if the permit application contains false with U.S.D.A., A.P.H.I.S., Wildlife Services and the Utah Division information. of Wildlife Resources. 8) The department shall respond to an application within 9) The permittee shall comply with all applicable federal 15 days. and state laws and regulations.

6 UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 NOTICES OF PROPOSED RULES

R58-25-6. Permit Duration and Renewal. Agency Information 1) Aerial hunting permits shall be valid for a 12- month 1. Department: Agriculture and Food period from July 1st through June 30th. 2) A permittee shall renew their permit each year. Agency: Plant Industry 3) The department may deny a renewal for Street address: 350 N Redwood Road noncompliance. City, state: Salt Lake City, UT 84115

R58-25-7. Recordkeeping. Mailing address: PO Box 146500 1) Semi-annual reports are due to the department within City, state, zip: Salt Lake City, UT 84114 30 days after June 30 and December 31 of each year. Contact person(s): 2) The department may request more reports as needed. 3) The permittee shall report, on a form provided by the Name: Phone: Email: department, the following information: Amber Brown 801- [email protected] a) the resource protected; 538- b) the number of predatory animals taken; 6023 c) the geographic location of the property where aerial Kelly Pehrson 385- [email protected] hunting activity was conducted; and 538- d) the specific dates on which the person was engaged in 7102 aerial hunting activity. Drew Rigby 801- [email protected] R58-25-8. Violations. 870- 1) No person shall: 1160 a) use an aerial hunting permit to hunt for sport; Please address questions regarding information on this b) transfer an aerial hunting permit to another person; notice to the agency. c) engage in aerial hunting activities in a geographic area different from the area specified on the permit; General Information d) engage in aerial hunting activities after the time when the permittee may graze or run livestock on the land; 2. Rule or section catchline: e) engage in aerial hunting activities after the time limit Cannabis Licensing Process on the permit expires; f) violate regulations established by the Federal Aviation 3. Purpose of the new rule or reason for the change Administration or any other federal law or regulation; or (If this is a new rule, what is the purpose of the rule? If g) use an aerial hunting permit take protected wildlife, as this is an amendment, repeal, or repeal and reenact, defined in Section 23-13-2, without written authorization from the what is the reason for the filing?): Division of Wildlife Resources. 2) A person engage in aerial shooting shall not use an This rule establishes the licensing process for cannabis automatic weapon. production establishments in accordance with the changes to Utah Code Section 4-41a-201, which requires R58-25-9. Revocation, Suspension, or Modification of Permit. the Department of Agriculture and Food (Department) to 1) Failure to comply with the rules or statutes governing establish a process. aerial hunting will result in suspension or revocation of the permit. 2) The department shall close an aerial hunting area upon 4. Summary of the new rule or change: receipt of written request from the landowner, administrator, or lessee. This proposed rule establishes a Cannabis Production Establishment Licensing Board (Board) which will review R58-25-10. Condition of Licensure or Permit. the applicants and award licenses based on the 1) An applicant for a permit or license shall agree to sign recommendation from the Department. This rule also a hold harmless agreement prior to receiving a permit or a license. establishes the process by which the Department will receive and review the application and make KEY: aerial hunting, coyote, predator control recommendations to the Board. Date of Enactment or Last Substantive Amendment: February 21, 2020 Authorizing, and Implemented or Interpreted Law: 4-23-106(7) Fiscal Information 5. Aggregate anticipated cost or savings to:

A) State budget: NOTICE OF PROPOSED RULE While a new board is created to oversee the licensing of TYPE OF RULE: New Cannabis Production Establishments, the Board is Utah Admin. Code R68-31 Filing No. comprised of Department administration and employees Ref (R no.): 52468 who will reassign some of their tasks in order to participate on the Board. There will not be an increase in cost to the state budget by creating this Board.

UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 7 NOTICES OF PROPOSED RULES

Additionally, the Department will utilize inspectors to Regulatory Impact Table review the applications, conduct the investigations, and Fiscal Cost FY2020 FY2021 FY2022 make the recommendation. The Department will continue to receive the application and licensing fees; State $0 $0 $0 however, those fees have not increased. Government Local $0 $0 $0 B) Local governments: Governments Small $0 $0 $0 This rule is not anticipated to have a cost or saving to Businesses local governments as the rule directs the licensing process of the Department only. Non-Small $0 $0 $0 Businesses C) Small businesses ("small business" means a Other $0 $0 $0 business employing 1-49 persons): Persons It is not anticipated that this proposed rule will have an Total Fiscal $0 $0 $0 impact on small businesses as the rule identifies the Cost procedures by which a small business applies for a Fiscal license and sets up the process the Department will Benefits follow in order to issue a license. There are no new State $0 $0 $0 requirements for small businesses which would increase Government their costs. Local $0 $0 $0 Governments D) Non-small businesses ("non-small business" means a business employing 50 or more persons): Small $0 $0 $0 Businesses It is not anticipated that this proposed rule will have an impact on businesses as the rule identifies the Non-Small $0 $0 $0 procedures by which a non-small business applies for a Businesses license and sets up the process the Department will Other $0 $0 $0 follow in order to issue a license. There are no new Persons requirements for businesses which would increase their Total Fiscal $0 $0 $0 costs. Benefits

Net Fiscal $0 $0 $0 E) Persons other than small businesses, non-small Benefits businesses, state, or local government entities ("person" means any individual, partnership, corporation, H) Department head approval of regulatory impact association, governmental entity, or public or private analysis: organization of any character other than an agency): The Commissioner of the Department of Agriculture and This proposed rule will speed up the process for licensing Food, Kerry Gibson, has reviewed and approved this of cannabis production establishments which should fiscal analysis. enable product to reach the consumer sooner. 6. A) Comments by the department head on the fiscal F) Compliance costs for affected persons: impact this rule may have on businesses: It is expected that this rule will allow us to more quickly There are no costs to the affected persons as this rule review and issue licenses, allowing businesses to enter directs the process by which the Department will receive, business sooner and not further delay revenues. The process, and award licenses. The Department will use Department will use current staff to operate and does not current staff to operate and does not expect there to be expect there to be any impact to the state budget. The any impact to the state budget. The proposed rule does proposed rule does not add any cost to those who are not add any cost to those who are applying, it offers applying, it offers clarification to the application process. clarification to the application process.

B) Name and title of department head commenting on G) Regulatory Impact Summary Table (This table only the fiscal impacts: includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in Kerry Gibson, Commissioner this table. Inestimable impacts will be included in narratives above.) Citation Information 7. This rule change is authorized or mandated by state law, and implements or interprets the following

8 UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 NOTICES OF PROPOSED RULES state and federal laws. State code or constitution d) sells or intends to sell a cannabis product to a medical citations (required): cannabis pharmacy or a medical cannabis research licensee. 3) "Cannabis production establishment" means a cannabis Subsection 4-41a- Section 4-2-103 cultivation facility, a cannabis processing facility, or an independent 201(2)(iii) cannabis testing laboratory. 4) "Department" means the Utah Department of Public Notice Information Agriculture and Food. 9. The public may submit written or oral comments 5) "Independent cannabis testing laboratory" means a to the agency identified in box 1. (The public may also person that: request a hearing by submitting a written request to the a) conducts a chemical or other analysis of cannabis or agency. The agency is required to hold a hearing if it cannabis product; or receives requests from ten interested persons or from an b) acquires, possesses, and transports cannabis or a association having not fewer than ten members. cannabis product with the intent to conduct a chemical or other Additionally, the request must be received by the agency analysis of the cannabis or cannabis product. not more than 15 days after the publication of this rule in the Utah State Bulletin. See Section 63G-3-302 and R68-31-3. Cannabis Production Establishment Licensing Board Rule R15-1 for more information.) Established. 1) The department shall establish a Cannabis Production A) Comments will be accepted 02/14/2020 Establishment Licensing Board to evaluate cannabis production until: establishment applications and issue cannabis production establishment licenses. 10. This rule change MAY 02/21/2020 2) The Cannabis Production Establishment Licensing become effective on: Board shall be composed of six members: a) the Commissioner of the department or designee; NOTE: The date above is the date on which this rule b) the Deputy Commissioner of the department; MAY become effective. It is NOT the effective date. After c) the Cannabis and Industrial Hemp Division Director; the date designated in Box 10, the agency must submit a d) the Regulatory Services Division Director; Notice of Effective Date to the Office of Administrative e) the State Chemist and Laboratory Division Director; Rules to make this rule effective. Failure to submit a and Notice of Effective Date will result in this rule lapsing and f) the Plant Industry Division Director. will require the agency to start the rulemaking process 3) The commissioner or the commissioner's designee over. shall serve as chair of the Cannabis Production Establishment Licensing Board. Agency Authorization Information 4) The commissioner or the commissioner's designee may Agency head Kerry Gibson, Date: 12/17/2019 not vote except in the event of a tie, in which case the commissioner or designee, Commissioner or the commissioner's designee shall cast the deciding vote. and title: 5) Attendance of four members of the Cannabis Production Establishment Board shall constitute a quorum. R68. Agriculture and Food, Plant Industry. R68-31. Cannabis Licensing Process. R68-31-4. Duties of the Cannabis Production Establishment R68-31-1. Authority and Purpose. Licensing Board. Pursuant to sections 4-41a-201(2)(iii) and 4-2-103, this 1) The Cannabis Production Establishment Licensing rule establishes the Cannabis Establishment Licensing Board and Board is responsible for the issuing of any type of cannabis the process for issuing a cannabis production establishment license. production establishment license. 2) The Cannabis Production Establishment Board shall: R68-31-2. Definitions. a) review the application for compliance with: 1) "Cannabis cultivation facility" means a person that: i) Utah Code Title 4, Chapter 41a; a) possesses cannabis; ii) R68-30; and b) grows or intends to grow cannabis; and iii) R68-27; c) sells or intends to sell cannabis to a cannabis iv) R68-28; or cultivation facility, a cannabis processing facility, or a medical v) R68-29; cannabis research licensee. b) conduct a public hearing to consider the applications; 2) "Cannabis processing facility" means a person that: c) approve the department's license application forms and a) acquires or intends to acquire cannabis from a cannabis checklists; and production establishment or a holder of an industrial hemp d) make a determination on the application. processor license under Title 4, Chapter 41, Hemp and Cannabinoid 3) The commissioner shall schedule a public hearing of Act; the Cannabis Production Establishment Licensing Board as b) possesses cannabis with the intent to manufacture a necessary based on the recommendation of the department. cannabis product; 4) The department's licensing authority is plenary and is c) manufactures or intends to manufacture a cannabis not subject to review pursuant to Utah Code 4-41a-201(13). product from unprocessed cannabis or a cannabis extract; and

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R68-31-5. Application for Cannabis Processing Facility and business days in advance of the public hearing where their Independent Cannabis Testing Laboratory. application is being considered. 1) No cannabis processing facility or independent 4) The Cannabis Production Establishment Licensing cannabis testing laboratory license application shall be Board may limit the time available for presentations by the recommended to the Cannabis Production Establishment Licensing applicants. Board for consideration until: a) a complete application including all documents and KEY: cannabis, cannabis production, licensing, Cannabis supplemental materials on the department's application checklist Production Establishment Licensing Board have been submitted to the department; Date of Enactment or Last Substantive Amendment: February 21, b) a department official has inspected the premises; and 2020 c) a department official has conducted an investigation as Authorizing, and Implemented or Interpreted Law: 4-2-103; 4- described in R68-31-7. 41a-201(2)(iii) 2) An incomplete application will be returned to the applicant. 3) The department shall forward to the Cannabis NOTICE OF PROPOSED RULE Production Establishment Licensing Board the information and recommendation to aid in the license determination. TYPE OF RULE: New Utah Admin. Code R70-570 Filing No. R68-31-6. Cannabis Cultivation Facility Application. Ref (R no.): 52471 1) The department shall accept application for a cannabis cultivation facility license in January, April, July, and October of Agency Information each year. 2) Applications for a cannabis cultivation facility will be 1. Department: Agriculture and Food considered as needed based on the market need and available Agency: Regulatory Services licenses. Street address: 350 N Redwood Road 3) Applications shall be voided at the end of December each year. City, state: Salt Lake City, UT 4) The application fee shall be paid for each application Mailing address: PO Box 146500 submitted for review. City, state, zip: Salt Lake City, UT 84114-6500

R68-31-7. Department Review. Contact person(s): 1) The department's investigation shall: Name: Phone: Email: a) verify all required documents and supplemental Amber Brown 801- [email protected] materials have been submitted with the application; 538- b) confirm the information in the application is correct; 6023 c) conduct the criminal background check required in Utah Code Title 4, Chapter 41a, Section 202; and Kelly Pehrson 385- [email protected] d) confirm that operating and business plans comply with 538- all state laws and administrative rule. 7102 2) The department may require additional information Travis Waller 801- [email protected] from an applicant. 538- 3) The department shall submit the cannabis processing 7150 facility or independent cannabis testing laboratory application to the Please address questions regarding information on this Cannabis Production Establishment Licensing Board with notice to the agency. information and a recommendation within 30 days of receiving a completed cannabis processing facility or independent cannabis testing laboratory application. General Information 4) The department shall submit a cannabis cultivation 2. Rule or section catchline: facility application to the Cannabis Production Establishment Direct-to-Sale Farmers Market Signage Licensing Board when the department finds a need based on market needs and available licenses. 3. Purpose of the new rule or reason for the change R68-31-8. Public Hearing. (If this is a new rule, what is the purpose of the rule? If 1) The Cannabis Production Establishment Licensing this is an amendment, repeal, or repeal and reenact, Board shall make licensing determination during a public hearing what is the reason for the filing?): where the application was considered. The purpose of this rule is to specify the requirements for 2) The Cannabis Production Establishment Licensing signage of homemade food products sold at direct-to- Board shall allow prospective applicants to make a presentation at sale farmers markets or direct-to-sale sections of the public hearing in which their application is considered. traditional farmers markets. 3) The Cannabis Production Establishment Licensing Board shall notify the prospective applicant a minimum of 10

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4. Summary of the new rule or change: they may be buying. This information will allow them to This rule specifies that signage shall be a minimum of 22" make more informed purchase decisions. by 28," white in color, and with specifically delineated text printed in English with red ink, printed clearly and legibly, F) Compliance costs for affected persons: and placed in a conspicuous and predominant location. As in Boxes 5C and 5D above, approximately $5 per required sign.

Fiscal Information 5. Aggregate anticipated cost or savings to: G) Regulatory Impact Summary Table (This table only includes fiscal impacts that could be measured. If there A) State budget: are inestimable fiscal impacts, they will not be included in This rule has no state budget impact because this table. Inestimable impacts will be included in enforcement does not require additional inspections and narratives above.) inspectors will already be present at farmers market who Regulatory Impact Table can verify correct signage. Fiscal Cost FY2020 FY2021 FY2022 B) Local governments: State $0 $0 $0 Government There will be a minimal impact for county or city run Local $0 $0 $0 farmer's markets. Although the Department of Agriculture Governments and Food (Department) does not have access to specific Small $280 $0 $280 cost information, there is an anticipated slight cost for Businesses markets to verify signage or purchase materials to put up signs themselves at direct-to-sale markets or direct-to- Non-Small $0 $0 $0 sale sections of traditional farmers markets. Businesses Other $0 $0 $0 C) Small businesses ("small business" means a Persons business employing 1-49 persons): Total Fiscal $280 $0 $280 Homemade food vendors will incur a small cost, including Cost the cost of purchasing poster board and a marker, and Fiscal the time involved to make a sign. Overall, there is an Benefits estimated cost of approximately $5 per vendor ($1 for a standard sized poster board, $2 for a red marker, and $2 State $0 $0 $0 for 10 minutes of time, at a pay rate of $12 per hour). Government The Department are unable to estimate how many Local $0 $0 $0 vendors operate at Utah farmers markets because this Governments number is constantly subject to change, however, the Small $0 $0 $0 regulatory impact summary table accounts for one sign Businesses per each of the total of 56 farmers markets in Utah (this includes 17 raw produce stands and 39 markets selling Non-Small $0 $0 $0 prepackaged or processed foods). The FY 2021 and Businesses 2022 impacts assume that signs would last two years Other $0 $0 $0 and be replaced in year three. Persons D) Non-small businesses ("non-small business" means Total Fiscal $0 $0 $0 a business employing 50 or more persons): Benefits The Department does not believe that any homemade Net Fiscal $-280 $0 $-280 food vendors fit the definition of non-small businesses, Benefits but if they did the cost would be the same as indicated in H) Department head approval of regulatory impact Box 5C above at approximately $5 per vendor. analysis:

The Commissioner of the Utah Department of Agriculture E) Persons other than small businesses, non-small and Food, Kerry Gibson, has reviewed and approved this businesses, state, or local government entities fiscal analysis. ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency): 6. A) Comments by the department head on the fiscal impact this rule may have on businesses: Consumers will receive the benefit of being provided with additional information and education regarding the level This rule is necessary to provide consumers with of inspection and regulation of homemade food products information regarding the regulation of homemade food they may purchase at farmers markets.

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B) Name and title of department head commenting on e) printed clearly and legibly, and; the fiscal impacts: f) written in capital letters not smaller than 2" in height. 2) Direct-to-Sale farmers market signage shall contain the Kerry Gibson, Commissioner phrase, "FOOD ITEMS OFFERED FOR SALE IN THIS DIRECT- T0-SALE FARMERS MARKET ARE HOMEMADE AND HAVE NOT BEEN CERTIFIED, LICENSED, REGULATED, OR Citation Information INSPECTED BY STATE OR LOCAL AUTHORITIES." 7. This rule change is authorized or mandated by 3) Direct-to-Sale farmers market signage shall be placed state law, and implements or interprets the following at each entrance to the direct-to-sale farmers market in a state and federal laws. State code or constitution conspicuous and predominant place within plan view of the citations (required): customers and shall remain in place throughout the duration of the market. Subsection 4-5a- Subsection 4-5a- Subsection 4-5-

103(3) 102(2) 102(6) R70-570-3. Direct-to-Sale Farmers Market Section Signage. 1) The direct-to-sale section(s) of a traditional farmers Public Notice Information market shall be segregated and clearly delineated by the placing of 9. The public may submit written or oral comments signage, both within the farmers market and at each individual to the agency identified in box 1. (The public may also direct-to-sale vendor location. request a hearing by submitting a written request to the 2) Direct-to-sale section signage shall be: agency. The agency is required to hold a hearing if it a) a minimum of 22"x 28"; receives requests from ten interested persons or from an b) white in color; association having not fewer than ten members. c) printed in English; Additionally, the request must be received by the agency d) printed in red ink; not more than 15 days after the publication of this rule in e) printed clearly and legibly, and; the Utah State Bulletin. See Section 63G-3-302 and f) written in capital letters not smaller than 2" in height. Rule R15-1 for more information.) 3) Direct-to-Sale section signage shall contain the phrase, "FOOD ITEMS OFFERED FOR SALE IN THIS SECTION OF A) Comments will be accepted 02/14/2020 THE FARMERS MARKET ARE HOMEMADE AND HAVE NOT until: BEEN CERTIFIED, LICENSED, REGULATED, OR INSPECTED BY STATE OR LOCAL AUTHORITIES." 10. This rule change MAY 02/21/2020 4) Direct-to-Sale section signage shall be placed at each become effective on: entrance to the direct-to-sale farmers market section (s) and at each NOTE: The date above is the date on which this rule individual vendor location in a conspicuous and predominant place MAY become effective. It is NOT the effective date. After within plan view of the customers and shall remain in place the date designated in Box 10, the agency must submit a throughout the duration of the market. Notice of Effective Date to the Office of Administrative Rules to make this rule effective. Failure to submit a KEY: direct-to-sale farmers market signage Notice of Effective Date will result in this rule lapsing and Date of Enactment or Last Substantive Amendment: February will require the agency to start the rulemaking process 21, 2020 over. Authorizing, and Implemented or Interpreted Law: 4-5a- 103(3); 4-5a-102(2); 4-5a-102(6)

Agency Authorization Information Agency head Kerry Gibson, Date: 12/23/2019 NOTICE OF PROPOSED RULE or designee, Commissioner and title: TYPE OF RULE: Amendment Utah Admin. Code R651-601 Filing No. R70. Agriculture and Food, Regulatory Services. Ref (R no.): 52363 R70-570. Direct-to-Sale Farmers Market Signage. R70-570-1. Authority. Agency Information 1) Pursuant to Section 4-5a-103(3), this rule establishes 1. Department: Natural Resources the signage requirements for homemade food sold at direct-to-sale farmers markets, as defined under Section 4-5a-102 (2), or in direct- Agency: Parks and Recreation to-sale sections of a traditional farmers market, as defined under Street address: 1594 West North Temple Section 4-5-102(6). City, state: Salt Lake City, UT

R-70-570-2. Direct-to-Sale Farmers Market Signage. Mailing address: PO Box 146001 1) Direct-to-Sale farmers market signage shall be: City, state, zip: Salt Lake City, UT 84114 a) a minimum of 22"x 28"; Contact person(s): b) white in color; c) printed in English; Name: Phone: Email: d) printed in red ink;

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Tammy Wright 801- [email protected] 538- D) Non-small businesses ("non-small business" means 7359 a business employing 50 or more persons): Please address questions regarding information on this There is no cost or savings to non-small businesses as notice to the agency. this is a clarification in rule only and clarifies that archery equipment is considered a dangerous weapon with General Information regards to the Division. 2. Rule or section catchline: Definitions as Used in These Rules E) Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, 3. Purpose of the new rule or reason for the change association, governmental entity, or public or private (If this is a new rule, what is the purpose of the rule? If organization of any character other than an agency): this is an amendment, repeal, or repeal and reenact, what is the reason for the filing?): There is no cost or savings to other persons as this is a clarification in rule only and clarifies that archery There has been some concern that archery equipment equipment is considered a dangerous weapon with might not be considered a dangerous weapon when used regards to the Division owned and managed properties. in the Division of Parks and Recreation (Division) Persons would be prohibited from using archery properties for the purposes of hunting, as Subsection 76- equipment within the specified areas for the safety of 1-501(6) does not specifically define archery equipment park visitors. as a dangerous weapon. If archery equipment is not considered a dangerous weapon, it could be used for hunting in areas where firearms are prohibited. These F) Compliance costs for affected persons: areas would include the Division buildings, designated camp or picnic sites, overlooks, golf courses, boat ramps, There are no compliance costs for affected persons as and developed beaches. The purpose of this filing is to this is a clarification only to clarify that archery equipment clarify that archery equipment is considered a dangerous is considered a dangerous weapon with regards to the weapon when used on Division owned or managed Division owned and managed properties. Clarifying this property in the specified areas, and needs to be does not have compliance costs associated with the addressed for the safety of park visitors. amendment.

4. Summary of the new rule or change: G) Regulatory Impact Summary Table (This table only includes fiscal impacts that could be measured. If there The reason for the change is to clarify that archery are inestimable fiscal impacts, they will not be included in equipment is considered a dangerous weapon when this table. Inestimable impacts will be included in used on the Division of Parks and Recreation owned or narratives above.) managed property. Regulatory Impact Table

Fiscal Cost FY2020 FY2021 FY2022 Fiscal Information State $0 $0 $0 5. Aggregate anticipated cost or savings to: Government A) State budget: Local $0 $0 $0 Governments There is no cost or savings to the state budget and this is clarifying only that archery equipment is considered a Small $0 $0 $0 dangerous weapon with regards to the Division owned Businesses and managed properties. Non-Small $0 $0 $0 Businesses B) Local governments: Other $0 $0 $0 Persons There is no cost or savings to local governments as this includes the Division owned or managed properties and Total Fiscal $0 $0 $0 is a clarification only. Cost Fiscal C) Small businesses ("small business" means a Benefits business employing 1-49 persons): State $0 $0 $0 There is no cost or savings to small businesses as this is Government a clarification in rule only and clarifies that archery Local $0 $0 $0 equipment is considered a dangerous weapon with Governments regards to the Division owned and managed properties.

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Small $0 $0 $0 will require the agency to start the rulemaking process Businesses over. Non-Small $0 $0 $0 Businesses Agency Authorization Information Other $0 $0 $0 Agency head Jeff Rasmussen, Date: 12/31/2019 Persons or designee, Division Director and title: Total Fiscal $0 $0 $0 Benefits R651. Natural Resources, Parks and Recreation. Net Fiscal $0 $0 $0 R651-601. Definitions as Used in These Rules. Benefits R651-601-1. Division. H) Department head approval of regulatory impact "Division" means the Division of Parks and Recreation, analysis: Department of Natural Resources. The Executive Director of the Department of Natural Resources, Brian Steed, has reviewed and approved this R651-601-2. Ranger. fiscal analysis. "Ranger" means any employee of the Division who is designated by the Director or his designee as a law enforcement officer as defined in Section 53-13-103. 6. A) Comments by the department head on the fiscal impact this rule may have on businesses: R651-601-3. Division Representative. This rule should not impact any business interest. "Division Representative" means any employee of the Division authorized by the Director or his designee to act in an B) Name and title of department head commenting on official capacity. the fiscal impacts: R651-601-4. Natural and Cultural Resources. Brian Steed, Executive Director "Natural and Cultural Resources" means those features and values including all lands, minerals, soils and waters, natural systems and processes, and all plants, animals, topographic, Citation Information geologic and paleontological components of a park area as well as 7. This rule change is authorized or mandated by all historic and pre-historic, sites, trails, structures, inscriptions, state law, and implements or interprets the following rock art and artifacts representative of a given culture occurring on state and federal laws. State code or constitution or within any park area. citations (required): R651-601-5. Park System. Section 41-22-10 Section 79-4-601 Section 79-4-304 "Park system" means all natural and cultural resource, and Section 79-4-203 Section 76-10-501 all buildings and other improvements owned, leased, or otherwise managed by the Division. Public Notice Information R651-601-6. Park Area. 9. The public may submit written or oral comments "Park area" means any individual park property in the to the agency identified in box 1. (The public may also park system. request a hearing by submitting a written request to the agency. The agency is required to hold a hearing if it R651-601-7. Manager. receives requests from ten interested persons or from an "Manager" means the Division representative in charge of association having not fewer than ten members. a park area. Additionally, the request must be received by the agency not more than 15 days after the publication of this rule in R651-601-8. Permission. the Utah State Bulletin. See Section 63G-3-302 and "Permission" means oral or written authorization by a Rule R15-1 for more information.) park representative. A) Comments will be accepted 02/14/2020 until: R651-601-9. Permit. "Permit" means written authorization by a park representative. 10. This rule change MAY 02/21/2020 become effective on: R651-601-10. Posted. NOTE: The date above is the date on which this rule "Posted" means displayed printed instruction or MAY become effective. It is NOT the effective date. After information. the date designated in Box 10, the agency must submit a Notice of Effective Date to the Office of Administrative R651-601-11. Person. Rules to make this rule effective. Failure to submit a "Person" means individual, corporation, company, Notice of Effective Date will result in this rule lapsing and partnership, trust, firm, or association of persons.

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R651-601-12. Commercial Activity. NOTICE OF PROPOSED RULE "Commercial Activity" means any activity, private or otherwise, that is for the purpose of commercial gain, or that is part TYPE OF RULE: Amendment of any scheme or plan established for the purpose of obtaining Utah Admin. Code R651-601-20 Filing No. commercial gain. This includes, but is not limited to: Ref (R no.): 52410 (1) sales of goods or merchandise. (2) rentals of equipment. Agency Information (3) collection of entrance or admission fees. (4) collection of storage or use fees. 1. Department: Natural Resources (5) sales of services. Agency: Parks and Recreation (6) delivery service of rental equipment to the park area Street address: 1594 West North Temple by a rental agency as part of a customer rental agreement. City, state: Salt Lake City, UT R651-601-13. Commercial Gain. Mailing address: PO Box 146001 "Commercial gain" means compensation in money, City, state, zip: Salt Lake City, UT, 84116 services, or other consideration as part of a scheme or effort to generate income or financial advantage of any kind. Contact person(s): Name: Phone: Email: R651-601-14. Concession Contract. Tammy Wright 801- [email protected] "Concession Contract" means a use agreement granted to 538- an individual, partnership, corporation, or other recognized 7359 organization, for the purpose of providing services or sales of goods or merchandise for conducting commercial activity. Please address questions regarding information on this notice to the agency. R651-601-15. Special Use Permit. "Special Use Permit" means written permission given to General Information an individual, partnership, corporation, or other recognized 2. Rule or section catchline: organization for the purpose of conducting the following: 1) special events whether commercial or non-commercial; 2) certain limited Primary Jurisdiction Zone (PJZ) concession activities; and 3) commercial services as guides, provisioners, and/or outfitters. 3. Purpose of the new rule or reason for the change (If this is a new rule, what is the purpose of the rule? If R651-601-16. Cooperative Agreement. this is an amendment, repeal, or repeal and reenact, A written instrument whereby two or more parties agree what is the reason for the filing?): to terms governing the parties' relationship, much as a contract. This amendment would define the property owned by the Informal interoffice communication definition does not apply in this Bureau of Reclamation (BOR) that is excluded from the case. Division of Parks and Recreation (Park) management at

the twelve parks with BOR property. R651-601-17. Definitions. (1) "Motorized Transportation Device" means any motorized device used as a mode of transportation that includes: 4. Summary of the new rule or change: "Electric assisted bicycles", "Mopeds", "Motor Assisted scooters", This amendment would define the BOR property that is "motorcycles", "motor-driven cycle", and "personal motorized owned by them and excluded from the management of mobility device" as defined in Utah State Code 41-6-1. "Motorized twelve Park properties. wheelchairs" are also included under this definition.

R651-601-18. Unmanned Aircraft. Fiscal Information (1) "Unmanned Aircraft" means an aircraft that is capable of sustaining flight and that operates with no possible direct human 5. Aggregate anticipated cost or savings to: intervention from, on or within the aircraft. A) State budget:

There is no cost or savings to the state budget. The R651-601-19. Dangerous Weapon. change is to define the BOR property that is excluded (1) "Dangerous Weapon" means the same as defined in from the management of Park properties. 76-10-501(6) and includes archery equipment on State Park owned and managed property. B) Local governments: KEY: parks, off-highway vehicles There is no cost or savings to local governments as it Date of Enactment or Last Substantive Amendment: [July 28, defines federal property owned by the BOR within twelve 2016]2020 of the Park properties. Notice of Continuation: June 13, 2018

Authorizing, and Implemented or Interpreted Law: 41-22-10;

79-4-203; 79-4-304; 79-4-601; 76-10-501

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C) Small businesses ("small business" means a Non-Small $0 $0 $0 business employing 1-49 persons): Businesses There is no cost or savings to small business as this is an Other $0 $0 $0 amendment to define property owned by the BOR within Persons twelve of the Park properties. Total Fiscal $0 $0 $0 Benefits D) Non-small businesses ("non-small business" means Net Fiscal $0 $0 $0 a business employing 50 or more persons): Benefits There is no cost or savings to non-small businesses as H) Department head approval of regulatory impact this is an amendment to define property owned by the analysis: BOR within twelve of the Park properties. The Executive Director of the Department of Natural Resources, Brian Steed, has reviewed and approved this E) Persons other than small businesses, non-small fiscal analysis. businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private 6. A) Comments by the department head on the fiscal organization of any character other than an agency): impact this rule may have on businesses: There is no cost to persons other than small businesses This rule should not impact any businesses. as this is an amendment to define property owned by the BOR within twelve of the Park properties. B) Name and title of department head commenting on the fiscal impacts: F) Compliance costs for affected persons: Brian Steed, Executive Director

There are no compliance costs for affected persons as this is an amendment to define property owned by the BOR within twelve of the Park properties. Citation Information 7. This rule change is authorized or mandated by state law, and implements or interprets the following G) Regulatory Impact Summary Table (This table only state and federal laws. State code or constitution includes fiscal impacts that could be measured. If there citations (required): are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts will be included in Section 41-22-10 Section 79-4-601 Section 79-4-304 narratives above.) Section 79-4-203 Section 76-10-501 Regulatory Impact Table Fiscal Cost FY2020 FY2021 FY2022 Public Notice Information State $0 $0 $0 9. The public may submit written or oral comments Government to the agency identified in box 1. (The public may also request a hearing by submitting a written request to the Local $0 $0 $0 agency. The agency is required to hold a hearing if it Governments receives requests from ten interested persons or from an Small $0 $0 $0 association having not fewer than ten members. Businesses Additionally, the request must be received by the agency Non-Small $0 $0 $0 not more than 15 days after the publication of this rule in Businesses the Utah State Bulletin. See Section 63G-3-302 and Rule R15-1 for more information.) Other $0 $0 $0 Persons A) Comments will be accepted 02/14/2020 until: Total Fiscal $0 $0 $0 Cost 10. This rule change MAY 02/21/2020 Fiscal become effective on: Benefits NOTE: The date above is the date on which this rule State $0 $0 $0 MAY become effective. It is NOT the effective date. After Government the date designated in Box 10, the agency must submit a Local $0 $0 $0 Notice of Effective Date to the Office of Administrative Governments Rules to make this rule effective. Failure to submit a Small $0 $0 $0 Notice of Effective Date will result in this rule lapsing and Businesses will require the agency to start the rulemaking process over.

16 UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 NOTICES OF PROPOSED RULES

Agency Authorization Information the development and utilization of water and other natural Agency head Jeff Rasmussen, Date: 12/31/2019 resources." The Division of Parks and Recreation or designee, Division Director (Division) would like to revise the current rule to allow and title: hunting on all Division owned and managed lands, unless city, county, state, the Division of Wildlife Resources R651. Natural Resources, Parks and Recreation. (DWR) proclamation or the Division Board excludes the R651-601. Definitions as Used in These Rules. area from hunting. The new language will make changes R651-601-20. Primary Jurisdiction Zone (PJZ). easier in the future and better fits our mandate for (1) "Primary Jurisdiction Zone" means those areas of the multiple uses. There are a number of laws and rules Federal Estate surrounding the dams, including the dams, already in effect that would exclude state park areas from appurtenant facilities, and the vicinities below the dams wherein hunting. These include state statute that prohibits Reclamation retains. shooting within Utah State Park buildings, designated camp or picnic sites, overlooks, golf courses, boat ramps, KEY: parks, off-highway vehicles developed beaches, within 600 feet of any buildings and Date of Enactment or Last Substantive Amendment: [July 28, from or across a road. With all of the laws and rules that 2016]2020 are currently in place, the Division feels that hunting Notice of Continuation: June 13, 2018 opportunities can be safely increased within state parks. Authorizing, and Implemented or Interpreted Law: 41-22-10; 79-4-203; 79-4-304; 79-4-601; 76-10-501 4. Summary of the new rule or change: When became the Division's newest park last year, the Division began to look at including NOTICE OF PROPOSED RULE hunting as part of the recreational opportunities available TYPE OF RULE: Amendment at the park. In looking at the overall current hunting rule, it was found that there are a number of areas that are out Utah Admin. Code R651-614 Filing No. of date due to other agency rule changes and changes Ref (R no.): 52413 within the Division.

Agency Information 1. Department: Natural Resources Fiscal Information Agency: Parks and Recreation 5. Aggregate anticipated cost or savings to: Street address: 1594 West North Temple A) State budget: City, state: Salt Lake City, UT There is no cost or savings to the state budget for this Mailing address: PO Box 146001 amendment. The changes make available other hunting opportunities throughout the Division. City, state, zip: Salt Lake City, Utah 84114 Contact person(s): B) Local governments: Name: Phone: Email: There is no cost to local governments as this affects state Tammy Wright 801- [email protected] parks and will offer other hunting opportunities within its' 538- managed properties. 7359 Please address questions regarding information on this C) Small businesses ("small business" means a notice to the agency. business employing 1-49 persons): There is no cost to small business. The change affects General Information parks within the boundaries and will not cost anything to 2. Rule or section catchline: small businesses. It will offer more hunting opportunities. Fishing, Hunting and Trapping D) Non-small businesses ("non-small business" means 3. Purpose of the new rule or reason for the change a business employing 50 or more persons): (If this is a new rule, what is the purpose of the rule? If There is no cost to non-small businesses as it affects this is an amendment, repeal, or repeal and reenact, hunting within park boundaries. what is the reason for the filing?): The current rule states that state park areas are closed E) Persons other than small businesses, non-small unless opened by the Utah Wildlife Board (Board) for businesses, state, or local government entities specific types of hunting. Our enabling legislation ("person" means any individual, partnership, corporation, mandates that: "The division shall permit multiple use of association, governmental entity, or public or private state parks and property controlled by it for purposes organization of any character other than an agency): such as grazing, fishing, hunting, camping, mining, and

UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 17 NOTICES OF PROPOSED RULES

There is no cost to persons other than small businesses B) Name and title of department head commenting on as this will provide additional hunting opportunities within the fiscal impacts: state park boundaries. Brian Steed, Executive Director

F) Compliance costs for affected persons: Citation Information There are no compliance costs for affected persons. Those who wish to hunt already purchase a license. It 7. This rule change is authorized or mandated by will provide additional hunting within park boundaries. state law, and implements or interprets the following state and federal laws. State code or constitution citations (required): G) Regulatory Impact Summary Table (This table only includes fiscal impacts that could be measured. If there Section 79-4-501 are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts will be included in Public Notice Information narratives above.) 9. The public may submit written or oral comments Regulatory Impact Table to the agency identified in box 1. (The public may also Fiscal Cost FY2020 FY2021 FY2022 request a hearing by submitting a written request to the agency. The agency is required to hold a hearing if it State $0 $0 $0 receives requests from ten interested persons or from an Government association having not fewer than ten members. Local $0 $0 $0 Additionally, the request must be received by the agency Governments not more than 15 days after the publication of this rule in Small $0 $0 $0 the Utah State Bulletin. See Section 63G-3-302 and Rule R15-1 for more information.) Businesses A) Comments will be accepted 02/14/2020 Non-Small $0 $0 $0 until: Businesses

Other $0 $0 $0 Persons 10. This rule change MAY 02/21/2020 become effective on: Total Fiscal $0 $0 $0 Cost NOTE: The date above is the date on which this rule MAY become effective. It is NOT the effective date. After Fiscal the date designated in Box 10, the agency must submit a Benefits Notice of Effective Date to the Office of Administrative State $0 $0 $0 Rules to make this rule effective. Failure to submit a Government Notice of Effective Date will result in this rule lapsing and Local $0 $0 $0 will require the agency to start the rulemaking process Governments over. Small $0 $0 $0 Businesses Agency Authorization Information Agency head Jeff Rasmussen, Date: 12/31/2019 Non-Small $0 $0 $0 or designee, Division Director Businesses and title: Other $0 $0 $0

Persons R651. Natural Resources, Parks and Recreation. Total Fiscal $0 $0 $0 R651-614. Fishing, Hunting and Trapping. Benefits R651-614-1. Applicability of the Utah Fish and Game Code. Net Fiscal $0 $0 $0 Fishing, hunting and trapping shall be in accordance with the Benefits Utah Fish and Game Code, with the following provisions.

H) Department head approval of regulatory impact R651-614-2. Fishing near Public Areas. analysis: Fishing from or within 100 feet of any public float designed The Executive Director of the Department of Natural for water sports, developed beaches, public loading docks, or boat Resources, Brian Steed, has reviewed and approved this ramps is prohibited. fiscal analysis. R651-614-3. Ice Fishing. 6. A) Comments by the department head on the fiscal Ice fishing is prohibited in areas posted closed by the park impact this rule may have on businesses: manager.

No impact on businesses.

18 UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 NOTICES OF PROPOSED RULES

R651-614-4. Hunting Wildlife. (21) -- Limited to Waterfowl hunting Hunting of any wildlife is [prohibited]permitted, when only conducted in accordance with applicable state law, administrative rule, [ (10) - waterfowl] and guidebooks of the Utah Wildlife Board, and within the boundaries (22) Otter Creek State Park -- Limited to Waterfowl hunting of all State [p]Park owned and managed properties[areas] except those only areas designated as[open] closed, under special permit restrictions, or (23) -- Big Game hunting limited to limited to specific types of hunting as follows: Archery only (1) Anasazi State Park Museum - Closed (24) Piute State Park -- Limited to Waterfowl hunting only ([1]2)[(a)] State Park[ - ] (25) -- Closed to all hunting within the (a) By special permit only as outlined in R651-637. Primary Jurisdiction Zone and within 600 ft of all developed facilities, Antelope Island State Park Special Mule Deer and Bighorn Sheep ([11]26) Rockport State Park -- [waterfowl]Closed to all Hunt. hunting within the Primary Jurisdiction Zone and within 600 ft of all (b) Antelope Island permits to hunt bison shall be available, developed facilities, distributed and utilized consistent with the [following ]statutes and (27) -- Limited to Waterfowl rules of the Division of Wildlife Resources to the same extent as if the hunting only, bison were considered wildlife.[: (1) Utah Code Sections 23-13-2; 23- ([12]28) Scofield State Park -- [waterfowl]Closed to all 19-1, 23-19-5; 23-19-6, 23-19-9(11), 23-19-11 and 23-20-27; (2) Utah hunting within the Primary Jurisdiction Zone and within 600 ft of all Administrative Code Sections R657-5-4, R657-5-8 through 12, R657- developed facilities, 5-14 and 15, R657-5-24 and 25, R657-5-27 and 28, R657-5-34, R657- (29) - Closed 5-37, R657-5-53, R657-5-62, and Rules R657-12, R657-23, R657-32, [ (13) - big and small game] R657-42, and R657-50.] ([14]30) -- [waterfowl,falconry [ (c) Subsection R651-614-4(1)(b) shall be applied between October 15 and April 14 annually.]Closed to all hunting retroactively only to the incorporation of Utah Administrative Code within the Primary Jurisdiction Zone and within 600 ft of all developed Sections R657-5-24, R657-5-25, R657-5-27, R657-5-34, and R657-5- facilities, 37.] (31) Territorial Statehouse State Park Museum -- Closed (3) Camp Floyd State Park Museum - Closed (32) This is the Place Heritage Park -- Closed [ (2) Coral Pink Sand Dunes State Park - small game] (33) Utah Field House of Natural History State Park (4) Dead Horse Point State Park -- Closed to all hunting Museum -- Closed above the canyon rim of the park. (34) - Closed ([3]5)Deer Creek State Park -- [small game and [ (15) Pioneer Trail, Mormon Flat Unit - big and small game waterfowl]Closed to all hunting within the Primary Jurisdiction Zone (16) Wasatch Mountain State Park - big and small game] and within 600 ft of all developed facilities, (35) State Park -- Closed to all hunting within ([4]6) -- [small game]Closed to all the Primary Jurisdiction Zone and within 600 ft of all developed hunting within the Primary Jurisdiction Zone and within 600 ft of all facilities. developed facilities, [ (17) - small game] (7) Echo State Park -- Closed to all hunting within the Primary Jurisdiction Zone and within 600 ft of all developed facilities, R651-614-6. Trapping. [ (5) Gunlock State Park - waterfowl] All trapping on park areas is prohibited except when (8) Edge of the Cedars State Park Museum -- Closed authorized and permitted by the park manager. (9) Flight Park State Recreation Area -- Closed (10) Fred Hayes State Park at Starvation -- Closed to all KEY: parks hunting within the Primary Jurisdiction Zone and within 600 ft of all Date of Enactment or Last Substantive Amendment: [February developed facilities, 16, 2017]2020 (11) Frontier Homestead State Park Museum -- Closed Notice of Continuation: June 7, 2018 (12) -- Closed to all hunting South Authorizing, and Implemented or Interpreted Law: 79-4-501 of E. Wild Horse Rd. (13) -- Closed (14) -- Closed NOTICE OF PROPOSED RULE (15) Great Salt Lake State Park -- Closed (16) Historic Union Pacific Rail Trail - Closed TYPE OF RULE: Amendment ([6]17) -- [waterfowl] Utah Admin. Code R651-620 Filing No. (a) Closed to all hunting within the Primary Jurisdiction Ref (R no.): 52364 Zone and within 600 ft of all developed facilities (b) Limited to Waterfowl hunting only Agency Information ([7]18) Hyrum Lake State Park -- [small game]Closed to all hunting within the Primary Jurisdiction Zone and within 600 ft of all 1. Department: Natural Resources developed facilities, Agency: Parks and Recreation ([8]19) Jordanelle State Park -- [big and small game and Street address: 1594 West North Temple waterfowl]Closed to all hunting within the Primary Jurisdiction Zone and within 600 ft of all developed facilities, City, state: Salt Lake City, UT [ (9) Minersville - waterfowl] Mailing address: PO Box 146001 (20) Jordan River Off-Highway Vehicle State Park -- Closed City, state, zip: Salt Lake City, UT 84114

UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 19 NOTICES OF PROPOSED RULES

Contact person(s): E) Persons other than small businesses, non-small Name: Phone: Email: businesses, state, or local government entities ("person" means any individual, partnership, corporation, Tammy Wright 801- [email protected] association, governmental entity, or public or private 538- organization of any character other than an agency): 7359 There is no cost to persons other than small businesses Please address questions regarding information on this because it is a wording change. The Legislature notice to the agency. changed park rules to infractions from Class B Misdemeanors and this amendment will bring the rule General Information into compliance with state statute. 2. Rule or section catchline: Protection of Resources Park System Property F) Compliance costs for affected persons:

There are no compliance costs for affected persons as 3. Purpose of the new rule or reason for the change this is a wording change. (If this is a new rule, what is the purpose of the rule? If this is an amendment, repeal, or repeal and reenact, G) Regulatory Impact Summary Table (This table only what is the reason for the filing?): includes fiscal impacts that could be measured. If there A number of years ago the Legislature changed violations are inestimable fiscal impacts, they will not be included in of Division of Park and Recreation (Park) rules from this table. Inestimable impacts will be included in Class B misdemeanors to infractions. This is an narratives above.) amendment that was approved by the Park Board, so as Regulatory Impact Table to be in compliance with that change. When the change in statute took place, the corresponding rule was not Fiscal Cost FY2020 FY2021 FY2022 updated. State $0 $0 $0 Government 4. Summary of the new rule or change: Local $0 $0 $0 The amendment is for a wording change and will show Governments that Park rule violations are infractions and not Small $0 $0 $0 misdemeanors. This will update the rule to be in Businesses compliance with changes to state statute. Non-Small $0 $0 $0 Businesses

Fiscal Information Other $0 $0 $0 Persons 5. Aggregate anticipated cost or savings to: Total Fiscal $0 $0 $0 A) State budget: Cost There is no cost or savings to the state budget for this Fiscal amendment is a wording change. Benefits

State $0 $0 $0 B) Local governments: Government There is no cost or savings to local governments as it is a Local $0 $0 $0 change to the wording and will show the same as state Governments statute. Small $0 $0 $0 Businesses C) Small businesses ("small business" means a Non-Small $0 $0 $0 business employing 1-49 persons): Businesses There is no cost or savings to small business as this is a Other $0 $0 $0 change in wording and will bring it into compliance with Persons state statute. Total Fiscal $0 $0 $0 Benefits D) Non-small businesses ("non-small business" means a business employing 50 or more persons): Net Fiscal $0 $0 $0 Benefits There is no cost or savings to non-small businesses. This amendment will bring the rule into compliance with H) Department head approval of regulatory impact state statute. analysis:

20 UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 NOTICES OF PROPOSED RULES

The Executive Director of the Department of Natural Resources, Brian Steed, has reviewed and approved this R651. Natural Resources, Parks and Recreation. fiscal analysis. R651-620. Protection of Resources Park System Property. R651-620-1. Applicability of Criminal Code. Offenses against capital improvements, natural and cultural 6. A) Comments by the department head on the fiscal resources will normally be handled through the Utah Criminal Code. impact this rule may have on businesses: This rule filing should not impact any businesses interest. R651-620-2. Trespass. (1) A person may be found guilty of [a class B B) Name and title of department head commenting on misdemeanor]an infraction, as stated in Utah Code Annotated, Section the fiscal impacts: 79-4-502 if that person engages in activities within a park area without specific written authorization by the division. These activities Brian Steed, Executive Director include:(a) construction, or causing to construct, any structure, including buildings, fences water control devices, roads, utility lines or towers, or any other improvements;(b)removal, extraction, use, Citation Information consumption, possession or destruction of any natural or cultural 7. This rule change is authorized or mandated by resource;(c)grazing of livestock, except as provided in Utah Code state law, and implements or interprets the following Annotated, Section 72-3-112. A cause of action for the trespass of state and federal laws. State code or constitution livestock may be initiated in accordance with 78B-2-305; (d)use or citations (required): occupation of park area property for more than 30 days after the cancellation or expiration of permit, lease, or concession agreement; Section 79-4-502 or(e)any use or occupation in violation of division rules. (2) The provisions of this section do not apply to division Public Notice Information employees in the performance of their duties. 9. The public may submit written or oral comments (3) Violations described in section (1) are subject to to the agency identified in box 1. (The public may also penalties as provided in Utah Code Annotated, Section 76-3-204 and request a hearing by submitting a written request to the Section 76-3-301. agency. The agency is required to hold a hearing if it receives requests from ten interested persons or from an R651-620-3. Tossing, Throwing, or Rolling of Rocks and other association having not fewer than ten members. Materials. Additionally, the request must be received by the agency The tossing, throwing, or rolling of rocks or other materials not more than 15 days after the publication of this rule in into valleys or canyons or down hills and mountains is prohibited. the Utah State Bulletin. See Section 63G-3-302 and Rule R15-1 for more information.) R651-620-4. Firewood. Collecting or cutting of firewood is prohibited without a A) Comments will be accepted 02/14/2020 permit. until:

R651-620-5. Glass Containers. 10. This rule change MAY 02/21/2020 Use or possession of glass containers is prohibited in posted become effective on: areas.

NOTE: The date above is the date on which this rule R651-620-6. Metal Detecting. MAY become effective. It is NOT the effective date. After Metal detecting is prohibited without a permit. the date designated in Box 10, the agency must submit a

Notice of Effective Date to the Office of Administrative KEY: parks, trespass Rules to make this rule effective. Failure to submit a Date of Enactment or Last Substantive Amendment: [November Notice of Effective Date will result in this rule lapsing and 16, 2004]2020 will require the agency to start the rulemaking process Notice of Continuation: June 13, 2018 over. Authorizing, and Implemented or Interpreted Law: 79-4-502

Agency Authorization Information Agency head Jeff Rasmussen, Date: 12/31/2019 or designee, Division Director and title:

End of the Notices of Proposed Rules Section

UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 21 FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION

Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to help the agency determine, and to notify the public, that the administrative rule in force is still authorized by statute and necessary. Upon reviewing a rule, an agency may: repeal the rule by filing a PROPOSED RULE; continue the rule as it is by filing a FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION (REVIEW); or amend the rule by filing a PROPOSED RULE and by filing a REVIEW. By filing a REVIEW, the agency indicates that the rule is still necessary.

A REVIEW is not followed by the rule text. The rule text that is being continued may be found in the online edition of the Utah Administrative Code available at https://rules.utah.gov/. The rule text may also be inspected at the agency or the Office of Administrative Rules. REVIEWS are effective upon filing.

REVIEWS are governed by Section 63G-3-305.

FIVE-YEAR NOTICE OF REVIEW AND these provisions authorize or require this rule: STATEMENT OF CONTINUATION Sections 4-30-104 and 4-2-103 authorize the Department Utah Admin. Code R58-7 Filing No. 50110 of Agriculture and Food to make rules to provide Ref (R no.): uniformity and fairness in the marketing of livestock within the state, whether sold through regularly Agency Information established livestock markets or other types of sales.

1. Department: Agriculture and Food 4. A summary of written comments received during Agency: Animal Industry and since the last five-year review of this rule from Street address: 350 N Redwood Road interested persons supporting or opposing this rule: City, state, zip: Salt Lake City, UT 84115 No written comments have been received during and Mailing address: PO Box 146500 since the last five-year review of this rule.

City, state, zip: Salt Lake City, UT 84114-6500 5. A reasoned justification for continuation of this Contact person(s): rule, including reasons why the agency disagrees Name: Phone: Email: with comments in opposition to this rule, if any: Amber Brown 801- [email protected] This rule is necessary because it sets standards for 538- licensing of livestock markets, consistent with state and 6023 federal law governing livestock health and movement. Leann Hunting 801- [email protected] This rule includes provisions regulating record keeping, 538- use of space, and cleaning standards, as well as 7166 veterinarian requirements. This rule also provides for issuance of temporary livestock sales licenses, dealer Kelly Pehrson 385- [email protected] licensing, and bonded and licensed weighpersons, and 538- prescribes standards for satellite video livestock auction 7102 markets. Therefore, this rule should be continued. Please address questions regarding information on this notice to the agency. Agency Authorization Information General Information Agency head Kerry Gibson, Date: 12/26/2019 2. Rule catchline: or designee, Commissioner and title: Livestock Markets, Satellite Video Livestock Auction Market, Livestock Sales, Dealers, and Livestock Market Weighpersons

3. A concise explanation of the particular statutory FIVE-YEAR NOTICE OF REVIEW AND provisions under which the rule is enacted and how STATEMENT OF CONTINUATION

UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 22 FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION

Utah Admin. Code R58-11 Filing No. 50111 this rule should be continued. Ref (R no.):

Agency Information Agency Authorization Information 1. Department: Department of Agriculture and Food Agency head Kerry Gibson, Date: 12/23/2019 Agency: Animal Industry or designee, Commissioner and title: Street address: 350 N Redwood Road

City, state, zip: Salt Lake City, UT 84115 Mailing address: PO Box 1476500 FIVE-YEAR NOTICE OF REVIEW AND City, state, zip: Salt Lake City ,UT 84114-6500 STATEMENT OF CONTINUATION Contact person(s): Utah Admin. Code R58-17 Filing No. 50114 Ref (R no.): Name: Phone: Email:

Amber Brown 801- [email protected] Agency Information 538- 6023 1. Department: Agriculture and Food Leann Hunting 801- [email protected] Agency: Animal Industry 538- Street address: 350 North Redwood Road 7166 City, state, zip: Salt Lake City, Utah 84116 Kelly Pehrson 385- [email protected] Mailing address: PO Box 146500 538- 7012 City, state, zip: Salt Lake City, Utah 84114-6500 Please address questions regarding information on this Contact person(s): notice to the agency. Name: Phone: Email: Kelly Pehrson 801- [email protected] General Information 538- 2. Rule catchline: 7102 Slaughter of Livestock and Poultry Anna Forest 801- [email protected] 538- 7046 3. A concise explanation of the particular statutory provisions under which the rule is enacted and how Leann Hunting 801- [email protected] these provisions authorize or require this rule: 538- 7166 Title 4, Chapter 32, provides guidelines for the inspection and licensing of meat and poultry products. Please address questions regarding information on this notice to the agency. 4. A summary of written comments received during and since the last five-year review of this rule from General Information interested persons supporting or opposing this rule: 2. Rule catchline: There have been no written comments received in the Aquaculture and Aquatic Animal Health last five years. 3. A concise explanation of the particular statutory 5. A reasoned justification for continuation of this provisions under which the rule is enacted and how rule, including reasons why the agency disagrees these provisions authorize or require this rule: with comments in opposition to this rule, if any: Utah Code Section 4-37-503 authorizes the Department This rule provides detailed guidelines for the production of Agriculture and Food (Department) to make rules of meat and poultry products in the state of Utah. It regarding the fish health and the control of disease. This regulates the issuance of farm custom slaughter licenses rule addresses the registration of fish facilities, the and prescribers equipment and sanitation standards for measures these facilities need to take to prevent fish farm custom slaughter practices. It also provides from escaping, and addresses the importation of species. standard livestock slaughter procedures, including regulating the condition of the slaughter area. It includes 4. A summary of written comments received during requirements for identification and records of licensed and since the last five-year review of this rule from individuals. It also prescribes rules for poultry slaughter interested persons supporting or opposing this rule: and rules that govern shared facilities between producers and growers of meat and poultry products. Therefore, The Department has not received written comments on

UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 23 FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION this rule in the last five years. and since the last five-year review of this rule from interested persons supporting or opposing this rule: 5. A reasoned justification for continuation of this No written comments have been received during and rule, including reasons why the agency disagrees since the last five-year review of this rule. with comments in opposition to this rule, if any: This rule is necessary to protect private aquaculture 5. A reasoned justification for continuation of this industry in the state, as well so to protect the wild species rule, including reasons why the agency disagrees from potential contamination and to control disease. with comments in opposition to this rule, if any: Therefore, this rule should be continued. This rule is necessary because it prescribes standards to prevent and eliminate bovine trichomoniasis, including requiring testing of all bulls aged 12 months or older that Agency Authorization Information enter the state of Utah. This rule also provides specific Agency head Kerry Gibson, Date: 12/15/2019 requirements for testing procedure and recordkeeping. or designee, Commissioner This rule prescribes reporting requirements and and title: corrective procedures for bulls that test positive for the disease. Therefore, this rule should be continued.

FIVE-YEAR NOTICE OF REVIEW AND Agency Authorization Information STATEMENT OF CONTINUATION Agency head Kerry Gibson, Date: 12/26/2019 Utah Admin. Code R58-21 Filing No. 50128 or designee, Commissioner Ref (R no.): and title:

Agency Information 1. Department: Agriculture and Food FIVE-YEAR NOTICE OF REVIEW AND Agency: Animal Industry STATEMENT OF CONTINUATION Street address: 350 N Redwood Road Utah Admin. Code R652-160 Filing No. 51707 Ref (R no.): City, state, zip: Salt Lake City, UT 84115

Mailing address: PO Box 146500 Agency Information City, state, zip: Salt Lake City, UT 84114-6500 1. Department: Natural Resources Contact person(s): Agency: Forestry, Fire and State Lands Name: Phone: Email: Room no.: 3520 Amber Brown 801- [email protected] Street address: 1594 West North Temple 538- 6023 City, state, zip: Salt Lake City, Utah 84401 Leann Hunting 801- [email protected] Contact person(s): 538- Name: Phone: Email: 7166 Jamie Barnes 385- [email protected] Kelly Pehrson 385- [email protected] 222- 538- 1536 7102 Please address questions regarding information on this Please address questions regarding information on this notice to the agency. notice to the agency. General Information General Information 2. Rule catchline: 2. Rule catchline: Department of Natural Resources Wilderness Rules Trichomoniasis 3. A concise explanation of the particular statutory 3. A concise explanation of the particular statutory provisions under which the rule is enacted and how provisions under which the rule is enacted and how these provisions authorize or require this rule: these provisions authorize or require this rule: This rule implements Section 63L-7-101, the "Utah Section 4-31-109 requires this rule to help eliminate or Wilderness Act," which authorizes the Department of reduce the spread of bovine trichomoniasis in Utah. Natural Resources to make rules to govern the protection 4. A summary of written comments received during of wilderness. These regulations adopted by the Division

24 UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION of Forestry, Fire and State Lands (Division) are enacted notice to the agency. under the direction of the Department of Natural Resources. General Information 4. A summary of written comments received during 2. Rule catchline: and since the last five-year review of this rule from Administrative Procedures interested persons supporting or opposing this rule: The Division has not received any written comments with 3. A concise explanation of the particular statutory regard to this rule from an interested person within the provisions under which the rule is enacted and how last five years. these provisions authorize or require this rule: Utah Code Subsection 72-1-201(h) authorizes the 5. A reasoned justification for continuation of this Department of Transportation (Department) to make rules rule, including reasons why the agency disagrees for the administration of the Department, state with comments in opposition to this rule, if any: transportation systems, and programs. This rule satisfies The "Utah Wilderness Act" authorizes the Department of an element of the need to administer the Department. Natural Resources to make rules to govern the protection of wilderness. This rule is a result of that authorization 4. A summary of written comments received during and implements Section 63L-7-101. Therefore, this rule and since the last five-year review of this rule from should be continued. interested persons supporting or opposing this rule: The Department has not received any written comments during and since the last five-year review of this rule from Agency Authorization Information interested persons supporting or opposing this rule. Agency head Brian L. Cottam, Date: 12/27/2019 or designee, Director 5. A reasoned justification for continuation of this and title: rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: This rule provides procedures for conducting agency FIVE-YEAR NOTICE OF REVIEW AND actions that are required with some frequency every year. STATEMENT OF CONTINUATION The Department needs this rule for use when agency actions are required. Therefore, this rule should be Utah Admin. Code R907-1 Filing No. 52104 continued. Ref (R no.):

Agency Information Agency Authorization Information 1. Department: Transportation Agency head Carlos M. Date: 12/31/2019 Agency: Administration or designee, Braceras, Room no.: First Floor Administration Suite and title: Executive Director Building: Calvin Rampton

Street address: 4501 South 2700 West City, state, zip: Salt Lake City, Utah 84129 FIVE-YEAR NOTICE OF REVIEW AND Mailing address: PO Box 148455 STATEMENT OF CONTINUATION City, state, zip: Salt Lake City, Utah 84114-8455 Utah Admin. Code R907-62 Filing No. 52090 Contact person(s): Ref (R no.):

Name: Phone: Email: Agency Information Linda Hull 801- [email protected] 1. Department: Transportation 965- 4253 Agency: Administration James Palmer 801- [email protected] Room no.: First Floor Administration Suite 965- Building: Calvin Rampton 4197 Street address: 4501 South 2700 West Lori Edwards 801- [email protected] City, state, zip: Salt Lake City, Utah 84129 965- 4048 Mailing address: PO Box 148455 Please address questions regarding information on this City, state, zip: Salt Lake City, Utah 84114-8455

UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 25 FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION

Contact person(s): Agency Authorization Information Name: Phone: Email: Agency head Carlos M. Date: 12/31/2019 or designee, Braceras, Linda Hull 801- [email protected] and title: Executive 965- Director 4253

James Palmer 801- [email protected] 965- FIVE-YEAR NOTICE OF REVIEW AND 4197 STATEMENT OF CONTINUATION Lori Edwards 801- [email protected] Utah Admin. Code R907-63 Filing No. 52093 965- Ref (R no.): 4048

Please address questions regarding information on this Agency Information notice to the agency. 1. Department: Transportation

General Information Agency: Administration 2. Rule catchline: Room no.: First Floor Administration Suite Americans with Disabilities Act Building: Calvin Rampton Street address: 4501 South 2700 West 3. A concise explanation of the particular statutory City, state, zip: Salt Lake City, Utah 84129 provisions under which the rule is enacted and how these provisions authorize or require this rule: Mailing address: PO Box 148455 This rule is made under authority of Utah Code City, state, zip: Salt Lake City, Utah 84114-8455 Subsection 72-1-201(1)(h) and Subsection 63G-3-201(3). Contact person(s): As required by 28 CFR 35.107, the Utah Department of Name: Phone: Email: Transportation (Department), as a public entity that employs more than 50 persons, adopts and publishes the Linda Hull 801- [email protected] grievance procedures within this rule for the prompt and 965- equitable resolution of complaints alleging any action 4253 prohibited by Title II of the Americans with Disabilities Act, James Palmer 801- [email protected] as amended. 965- 4197 4. A summary of written comments received during Lori Edwards 801- [email protected] and since the last five-year review of this rule from 965- interested persons supporting or opposing this rule: 4048 The Department has not received any written comments Please address questions regarding information on this during and since the last five-year review of this rule from notice to the agency. interested persons supporting or opposing this rule. General Information 5. A reasoned justification for continuation of this 2. Rule catchline: rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: Structure Repair and Loss Recovery Procedure

This rule implements the provisions of 28 CFR 35, which in turn implements Title II of the Americans with 3. A concise explanation of the particular statutory Disabilities Act, which provides in part that no individual provisions under which the rule is enacted and how shall be excluded from participation in or be denied the these provisions authorize or require this rule: benefits of the services, programs, or activities of a public This rule establishes a procedure for loss recovery for entity, or be subjected to discrimination by the damages to structures, appurtenances, and the roadway Department because of a disability. This federal law is as provided in Section 72-7-301. still in effect and the Department still needs this rule to assist it to satisfy federal requirements. Therefore, this 4. A summary of written comments received during rule should be continued. and since the last five-year review of this rule from interested persons supporting or opposing this rule: The Department of Transportation (Department) has not received any written comments during and since the last five-year review of this rule from interested persons supporting or opposing this rule.

26 UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION

5. A reasoned justification for continuation of this 3. A concise explanation of the particular statutory rule, including reasons why the agency disagrees provisions under which the rule is enacted and how with comments in opposition to this rule, if any: these provisions authorize or require this rule: As this rule establishes a procedure for loss recovery for Utah Code Subsection 63G-22-4(3) authorizes damages to structures, appurtenances, and the roadway Department of Transportation (Department) to make and as provided in Utah Code Section 72-7-301, and this maintain this rule. section of the code is still effective and drivers still on occasion damage the Department's structures, 4. A summary of written comments received during appurtenances, and the roadways, this rule is still and since the last five-year review of this rule from necessary. Therefore, this rule should be continued. interested persons supporting or opposing this rule:

The Department has not received any written comments during and since the last five-year review of this rule from Agency Authorization Information interested persons supporting or opposing this rule. Agency head Carlos M. Date: 12/31/2019 or designee, Braceras, 5. A reasoned justification for continuation of this and title: Executive rule, including reasons why the agency disagrees Director with comments in opposition to this rule, if any:

This rule provides useful and important information and directions to anyone interested in obtaining public FIVE-YEAR NOTICE OF REVIEW AND records from the Department or appealing a denial of a STATEMENT OF CONTINUATION request for public records from the Department. Utah Admin. Code R907-69 Filing No. 52107 Therefore, this rule should be continued. Ref (R no.):

Agency Information Agency Authorization Information 1. Department: Transportation Agency head Carlos M. Date: 12/23/2019 Agency: Administration or designee, Braceras, and title: Executive Room no.: First Floor Administration Suite Director Building: Calvin Rampton Street address: 4501 South 2700 West City, state, zip: Salt Lake City, Utah 84129 FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION Mailing address: PO Box 148455 Utah Admin. Code R940-1 Filing No. 52151 City, state, zip: Salt Lake City, Utah 84144-8455 Ref (R no.): Contact person(s): Name: Phone: Email: Agency Information Linda Hull 801- [email protected] 1. Department: Transportation Commission 965- Agency: Administration 4253 Room no.: First Floor Administration Suite James Palmer 801- [email protected] 965- Building: Calvin Rampton 4197 Street address: 4501 South 2700 West Lori Edwards 801- [email protected] City, state, zip: Salt Lake City, Utah 84129 965- Mailing address: PO Box 148455 4048 City, state, zip: Salt Lake City, Utah 84144-8455 Please address questions regarding information on this notice to the agency. Contact person(s): Name: Phone: Email: General Information Linda Hull 801- [email protected] 2. Rule catchline: 965- 4253 Records Access James Palmer 801- [email protected] 965- 4197

UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 27 FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION

Lori Edwards 801- [email protected] City, state, zip: Salt Lake City, Utah 84114-8455 965- Contact person(s): 4048 Name: Phone: Email: Please address questions regarding information on this notice to the agency. Linda Hull 801- [email protected] 965- 4253 General Information James Palmer 801- [email protected] 2. Rule catchline: 965- Establishment of Toll Rates 4197

Lori Edwards 801- [email protected] 3. A concise explanation of the particular statutory 965- provisions under which the rule is enacted and how 4048 these provisions authorize or require this rule: Please address questions regarding information on this Utah Code Section 72-6-118 requires the Transportation notice to the agency. Commission to make and maintain this rule. General Information 4. A summary of written comments received during 2. Rule catchline: and since the last five-year review of this rule from interested persons supporting or opposing this rule: Approval of Highway Facilities on Sovereign Lands

The Commission has not received any written comments during and since the last five-year review of this rule from 3. A concise explanation of the particular statutory interested persons supporting or opposing this rule. provisions under which the rule is enacted and how these provisions authorize or require this rule: 5. A reasoned justification for continuation of this Utah Code Subsection 72-6-303(1)(b) mandates the rule, including reasons why the agency disagrees Transportation Commission (Commission) to make rules with comments in opposition to this rule, if any: establishing minimum guidelines for an application to construct a highway facility over sovereign lakebed lands. Utah Code Section 72-6-118 requires the Transportation This subsection of the Utah Code is still effective law. Commission to make and maintain a rule that serves the purpose of this rule and this statute is still effective law. Therefore, this rule should be continued. 4. A summary of written comments received during and since the last five-year review of this rule from interested persons supporting or opposing this rule:

Agency Authorization Information The Commission has not received any written comments during and since the last five-year review of this rule from Agency head Carlos M. Date: 12/23/2019 interested persons supporting or opposing this rule. or designee, Braceras, and title: Executive Director 5. A reasoned justification for continuation of this rule, including reasons why the agency disagrees with comments in opposition to this rule, if any: FIVE-YEAR NOTICE OF REVIEW AND Because Subsection 72-6-303(1)(b) of the Utah Code is STATEMENT OF CONTINUATION still effective law, discontinuing this rule would place the Commission in violation of the law. Therefore, this rule Utah Admin. Code R940-5 Filing No. 52159 should be continued. Ref (R no.):

Agency Information Agency Authorization Information 1. Department: Transportation Commission Agency head Carlos M. Date: 12/31/2019 Agency: Administration or designee, Braceras, Room no.: First Floor Administration Suite and title: Executive Director Building: Calvin Rampton

Street address: 4501 South 2700 West City, state, zip: Salt Lake City, Utah 84129 Mailing address: PO Box 148455

End of the Five-Year Notices of Review and Statements of Continuation Section

28 UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 NOTICES OF FIVE-YEAR REVIEW EXTENSIONS

Rulewriting agencies are required by law to review each of their administrative rules within five years of the date of the rule's original enactment or the date of last review (Section 63G-3-305). If the agency finds that it will not meet the deadline for review of the rule (the five-year anniversary date), it may file a NOTICE OF FIVE-YEAR REVIEW EXTENSION (EXTENSION) with the Office of Administrative Rules. The EXTENSION permits the agency to file the review up to 120 days beyond the anniversary date.

Agencies have filed EXTENSIONS for the rules listed below. The "Extended Due Date" is 120 days after the anniversary date.

EXTENSIONS are governed by Subsection 63G-3-305(6).

NOTICE OF FIVE-YEAR REVIEW EXTENSION NOTICE OF FIVE-YEAR REVIEW EXTENSION Utah Admin. Code R131-1 Filing No. 50208 Utah Admin. Code R131-2 Filing No. 50217 Ref (R no.): Ref (R no.):

Agency Information Agency Information 1. Department: Capitol Preservation Board 1. Department: Capitol Preservation Board Agency: Administration Agency: Administration Street address: 350 North State Street Street address: 350 North State Street City, state, zip: Salt Lake City, UT 84103 City, state, zip: Salt Lake City, UT 84103 Mailing address: 350 North State Street Mailing address: 350 North State Street City, state, zip: Salt Lake City, UT 84103 City, state, zip: Salt Lake City, UT 84103 Contact person(s): Contact person(s): Name: Phone: Email: Name: Phone: Email: Allyson Gamble 801- [email protected] Allyson Gamble 801- [email protected] 537- 537- 9156 9156 Please address questions regarding information on this Please address questions regarding information on this notice to the agency. notice to the agency.

General Information General Information 2. Rule catchline: 2. Rule catchline: Procurement of Architectural and Engineering Services Capitol Hill Complex Facility Use

3. Reason for requesting the extension and the new 3. Reason for requesting the extension and the new deadline date: deadline date: Pursuant to Section 63C-9-301, the Capitol Preservation Pursuant to Section 63C-9-301, the Capitol Preservation Board is required to approve the continuation of a rule. Board is required to approve the continuation of a rule. There will not be a Capitol Preservation Board Meeting There will not be a Capitol Preservation Board Meeting before the end of 2019. The new deadline is 04/27/2020. before the end of 2019. The new deadline is 04/27/2020.

Agency Authorization Information Agency Authorization Information Agency head Allyson Gamble, Date: 12/20/2019 Agency head Allyson Gamble, Date: 12/20/2019 or designee, Executive or designee, Executive and title: Director and title: Director

UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 29 NOTICES OF FIVE-YEAR REVIEW EXTENSIONS

NOTICE OF FIVE-YEAR REVIEW EXTENSION Allyson Gamble 801- [email protected] Utah Admin. Code R131-7 Filing No. 50220 537- Ref (R no.): 9156 Please address questions regarding information on this Agency Information notice to the agency. 1. Department: Capitol Preservation Board General Information Agency: Administration 2. Rule catchline: Street address: 350 North State Street CPB Facilities and Grounds: Maintenance of Aesthetics City, state, zip: Salt Lake City, UT 84103 Mailing address: 350 North State Street 3. Reason for requesting the extension and the new City, state, zip: Salt Lake City, UT 84103 deadline date: Contact person(s): Pursuant to Section 63C-9-301, the Capitol Preservation Board is required to approve the continuation of a rule. Name: Phone: Email: There will not be a Capitol Preservation Board Meeting Allyson Gamble 801- [email protected] before the end of 2019. The new deadline is 04/27/2020. 537- 9156

Please address questions regarding information on this Agency Authorization Information notice to the agency. Agency head Allyson Gamble, Date: 12/20/2019 or designee, Executive General Information and title: Director 2. Rule catchline: State Capitol Preservation Board Master Planning Policy NOTICE OF FIVE-YEAR REVIEW EXTENSION 3. Reason for requesting the extension and the new Utah Admin. Code R131-14 Filing No. 50230 deadline date: Ref (R no.): Pursuant to Section 63C-9-301, the Capitol Preservation Board is required to approve the continuation of a rule. Agency Information There will not be a Capitol Preservation Board Meeting 1. Department: Capitol Preservation Board before the end of 2019. The new deadline is 04/27/2020. Agency: Administration Street address: 350 North State Street Agency Authorization Information City, state, zip: Salt Lake City, UT 84103 Agency head Allyson Gamble, Date: 12/20/2019 Mailing address: 350 North State Street or designee, Executive City, state, zip: Salt Lake City, UT 84103 and title: Director Contact person(s):

Name: Phone: Email: Allyson Gamble 801- [email protected] NOTICE OF FIVE-YEAR REVIEW EXTENSION 537- Utah Admin. Code R131-8 Filing No. 50215 9156 Ref (R no.): Please address questions regarding information on this notice to the agency. Agency Information 1. Department: Capitol Preservation Board General Information Agency: Administration 2. Rule catchline: Street address: 350 North State Street Parking on Capitol Hill

City, state, zip: Salt Lake City, UT 84103 3. Reason for requesting the extension and the new Mailing address: 350 North State Street deadline date: City, state, zip: Salt Lake City, UT 84103 Pursuant to Section 63C-9-301, the Capitol Preservation Contact person(s): Board is required to approve the continuation of a rule. There will not be a Capitol Preservation Board Meeting Name: Phone: Email: before the end of 2019. The new deadline is 04/27/2020.

30 UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 NOTICES OF FIVE-YEAR REVIEW EXTENSIONS

Agency Authorization Information City, state, zip: Ogden, UT 84401 Agency head Allyson Gamble, Date: 12/20/2019 Mailing address: 2540 Washington Blvd or designee, Executive and title: Director City, state, zip: Ogden, UT 84401 Contact person(s): Name: Phone: Email: NOTICE OF FIVE-YEAR REVIEW EXTENSION Alex Peterson 801- [email protected] Utah Admin. Code R595-1 Filing No. 51474 626- Ref (R no.): 3359 Please address questions regarding information on this Agency Information notice to the agency. 1. Department: Judicial Conduct Commission General Information Agency: Administration 2. Rule catchline: Room no.: 703 Administration Street address: 2540 Washington Blvd City, state, zip: Ogden, UT 84401 3. Reason for requesting the extension and the new Mailing address: 2540 Washington Blvd deadline date: City, state, zip: Ogden, UT 84401 More time is needed to review this rule because some Contact person(s): some unexpected work needed to be done first by the Commission. New deadline is 05/01/2020. Name: Phone: Email: Alex Peterson 801- [email protected] 626- Agency Authorization Information 3359 Agency head Alex Peterson, Date: 12/31/2019 Please address questions regarding information on this or designee, Executive notice to the agency. and title: Director

General Information 2. Rule catchline: NOTICE OF FIVE-YEAR REVIEW EXTENSION General Provisions Utah Admin. Code R595-3 Filing No. 51473 Ref (R no.): 3. Reason for requesting the extension and the new deadline date: Agency Information More time is needed to review this rule because some 1. Department: Judicial Conduct Commission some unexpected work needed to be done first by the Agency: Administration Commission. New deadline is 05/01/2020. Room no.: 703 Street address: 2540 Washington Blvd Agency Authorization Information City, state, zip: Ogden, UT 84401 Agency head Alex Peterson, Date: 12/31/2019 Mailing address: 2540 Washington Blvd or designee, Executive and title: Director City, state, zip: Ogden, UT 84401 Contact person(s): Name: Phone: Email: NOTICE OF FIVE-YEAR REVIEW EXTENSION Alex Peterson 801- [email protected] Utah Admin. Code R595-2 Filing No. 51471 626- Ref (R no.): 3359 Please address questions regarding information on this Agency Information notice to the agency. 1. Department: Judicial Conduct Commission General Information Agency: Administration 2. Rule catchline: Room no.: 703 Procedure Street address: 2540 Washington Blvd

UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 31 NOTICES OF FIVE-YEAR REVIEW EXTENSIONS

3. Reason for requesting the extension and the new Contact person(s): deadline date: Name: Phone: Email: More time is needed to review this rule because some Alex Peterson 801- [email protected] some unexpected work needed to be done first by the 626- Commission. New deadline is 05/01/2020. 3359

Please address questions regarding information on this notice to the agency. Agency Authorization Information

Agency head Alex Peterson, Date: 12/31/2019 General Information or designee, Executive and title: Director 2. Rule catchline: Sanctions

NOTICE OF FIVE-YEAR REVIEW EXTENSION 3. Reason for requesting the extension and the new deadline date: Utah Admin. Code R595-4 Filing No. 51480 Ref (R no.): More time is needed to review this rule because some some unexpected work needed to be done first by the

Commission. New deadline is 05/01/2020. Agency Information

1. Department: Judicial Conduct Commission

Agency: Administration Agency Authorization Information Room no.: 703 Agency head Alex Peterson, Date: 12/31/2019 Street address: 2540 Washington Blvd or designee, Executive and title: Director City, state, zip: Ogden, UT 84401

Mailing address: 2540 Washington Blvd City, state, zip: Ogden, UT 84401

End of the Notices of Five-Year Review Extensions Section

32 UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 NOTICES OF RULE EFFECTIVE DATES

State law provides for agencies to make their administrative rules effective and enforceable after publication in the Utah State Bulletin. In the case of PROPOSED RULES or CHANGES IN PROPOSED RULES with a designated comment period, the law permits an agency to make a rule effective no fewer than seven calendar days after the close of the public comment period, nor more than 120 days after the publication date. In the case of CHANGES IN PROPOSED RULES with no designated comment period, the law permits an agency to make a rule effective on any date including or after the thirtieth day after the rule's publication date, but not more than 120 days after the publication date. If an agency fails to file a NOTICE OF EFFECTIVE DATE within 120 days from the publication of a PROPOSED RULE or a related CHANGE IN PROPOSED RULE the rule lapses.

Agencies have notified the Office of Administrative Rules that the rules listed below have been made effective.

NOTICES OF EFFECTIVE DATE are governed by Subsection 63G-3-301(12), Section 63G-3-303, and Sections R15-4- 5a and R15-4-5b.

Abbreviations No. 44137 (AMD): R156-67. Utah Medical Practice Act Rule AMD = Amendment Published: 11/15/2019 CPR = Change in Proposed Rule Effective: 12/23/2019 NEW = New Rule R&R = Repeal and Reenact No. 44138 (AMD): R156-68. Utah Osteopathic Medical REP = Repeal Practice Act Rule Published: 11/15/2019 Effective: 12/23/2019 Administrative Services Administration No. 44187 (NEW): R13-10. State Entities' Posting of Governor Financial Information to the Utah Public Finance Website Economic Development Published: 11/15/2019 No. 44179 (AMD): R357-5. Motion Picture Incentive Effective: 12/23/2019 Published: 11/15/2019 Effective: 01/01/2020 No. 44188 (NEW): R13-11. Use of Electronic Meetings for the Utah Transparency Advisory Board No. 44174 (NEW): R357-16a. Restoration Recreation Published: 11/15/2019 Infrastructure Grant Program Rule Effective: 12/23/2019 Published: 11/15/2019 Effective: 01/01/2020

Commerce No. 44169 (NEW): R357-27. Community Reinvestment Consumer Protection Agency Report Rule No. 44122 (NEW): R152-32a. Pawnshop and Secondhand Published: 11/15/2019 Merchandise Transaction Information Act Rule Effective: 01/01/2020 Published: 11/01/2019 Effective: 01/01/2020 Health Occupational and Professional Licensing Health Care Financing, Coverage and Reimbursement Policy No. 44153 (AMD): R156-1. General Rule of the Division of No. 44168 (AMD): R414-23. Provider Enrollment Occupational and Professional Licensing Published: 11/15/2019 Published: 11/15/2019 Effective: 01/01/2020 Effective: 12/23/2019 No. 44172 (AMD): R414-60. Medicaid Policy for Pharmacy No. 44154 (AMD): R156-46b-202. Informal Adjudicative Program Proceedings Published: 11/15/2019 Published: 11/15/2019 Effective: 01/01/2020 Effective: 12/23/2019

UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 33 NOTICES OF RULE EFFECTIVE DATES

No. 44173 (AMD): R414-60. Medicaid Policy for Pharmacy Title and Escrow Commission Program No. 44175 (AMD): R592-11. Title Insurance Producer Published: 11/15/2019 Annual and Controlled Business Reports Effective: 01/01/2020 Published: 11/15/2019 Effective: 12/23/2019 No. 44185 (AMD): R414-302. Eligibility Requirements Published: 11/15/2019 Effective: 01/01/2020 Labor Commission Industrial Accidents No. 44129 (AMD): R414-303. Coverage Groups No. 44158 (AMD): R612-300. Workers' Compensation Published: 11/01/2019 Rules - Medical Care Effective: 01/01/2020 Published: 11/15/2019 Effective: 12/23/2019 No. 44184 (AMD): R414-308. Application, Eligibility Determinations and Improper Medical Assistance No. 44159 (AMD): R612-400-5. Premium Rates for the Published: 11/15/2019 Uninsured Employers' Fund and the Employers' Reinsurance Effective: 01/01/2020 Fund Published: 11/15/2019 No. 44131 (AMD): R414-504-3. Principles of Facility Case Effective: 12/23/2020 Mix Rates and Other Payments Published: 11/01/2019 Occupational Safety and Health Effective: 01/01/2020 No. 44170 (R&R): R614-1. General Provisions Published: 11/15/2019 Effective: 12/23/2019 Human Services Child and Family Services No. 44139 (NEW): R512-77. Child and Family Services Natural Resources Records Wildlife Resources Published: 11/15/2019 No. 44078 (R&R): R657-53. Amphibian and Reptile Effective: 12/23/2019 Collection, Importation, Transportation and Possession Published: 10/01/2019 No. 44140 (AMD): R512-500. Kinship Services, Placement Effective: 01/01/2020 and Background Screening Published: 11/15/2019 No. 44144 (AMD): R657-59. Private Fish Ponds, Short Term Effective: 12/23/2019 Fishing Events, Private Fish Stocking, and Institutional Aquaculture Published: 11/15/2019 Insurance Effective: 12/23/2019 Administration No. 44176 (AMD): R590-76. Health Maintenance Organizations and Limited Health Plans Transportation Published: 11/15/2019 Motor Carrier Effective: 12/23/2019 No. 44146 (AMD): R909-2. Utah Size and Weight Rule Published: 11/15/2019 No. 44177 (AMD): R590-233-2. Purpose and Scope Effective: 12/31/2019 Published: 11/15/2019 Effective: 12/23/2019 No. 44147 (AMD): R909-19. Safety Regulations for Tow Truck Operations - Tow Truck Requirements for Equipment, No. 44178 (AMD): R590-267. Personal Injury Protection Operation, and Certification Relative Value Study Rule Published: 11/15/2019 Published: 11/15/2019 Effective: 12/31/2019 Effective: 01/01/2020

No. 44181 (NEW): R590-283. Defrayal of State-Required Workforce Services Benefits Employment Development Published: 11/15/2019 No. 44157 (AMD): R986-700. Child Care Assistance Effective: 12/23/2019 Published: 11/15/2019 Effective: 12/23/2019

34 UTAH STATE BULLETIN, January 15, 2020, Vol. 2020, No. 02 NOTICES OF RULE EFFECTIVE DATES

Housing and Community Development School Readiness Board No. 44156 (AMD): R990-100. Community Services Block No. 44165 (NEW): R995-100. School Readiness Board Grant Rules Published: 11/15/2019 Published: 11/15/2019 Effective: 12/23/2019 Effective: 12/23/2019

End of the Notices of Rule Effective Dates Section

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