Proposed new, changed state rules

Published in The Aberdeen Times July 2, 2014.
PUBLIC NOTICE OF INTENT
TO PROPOSE OR PROMULGATE NEW OR CHANGED AGENCY RULES
The following agencies of the state of Idaho have published the complete text and all related, pertinent information
concerning their intent to change or make the following rules in the latest publication of the state Administrative Bulletin.
The written comment submission deadline is July 23, 2014 unless otherwise noted.
Public hearing request deadline is July 16, 2014 unless otherwise noted.
(Temp & Prop) indicates the rulemaking is both Temporary and Proposed.
(*PH) indicates that a public hearing has been scheduled.
IDAPA 02 – DEPARTMENT OF AGRICULTURE
PO Box 790, Boise, ID 83701
02.02.14 – Rules for Weights and Measures
02-0214-1401, Incorporates by reference the 2015 edition of the National Institute of Standards and Technology (NIST) Handbook 44, specifications, tolerances, and other technical requirements for weighing and measuring devices.
02-0214-1402, Clarifies pump labeling requirements for ethanol blends in oxygenated gasoline that are 10% or less.
IDAPA 16 – DEPARTMENT OF HEALTH AND WELFARE
PO Box 83720, Boise, ID 83720-0036
16-0102-1401, Emergency Medical Services (EMS) — Rule Definitions. (Temp & Prop) Amends the definition “Emergency Medical Services or EMS” to align it with the amendment to 56-1012, Idaho Code.
*16-0310-1401, Medicare Enhanced Plan Benefits. (Temp & Prop) (*PH) Aligns rule to statutory changes that restore Medicaid benefits for dental services that reflect evidence-based practice for adults with disabilities and special health needs and allows developmental disability budget modifications for community-supported employment.
16-0506-1401, Criminal History and Background Checks. (Temp & Prop) Adds references and amends classes of individuals requiring the Department’s criminal history and background checks.
IDAPA 24 – BUREAU OF OCCUPATIONAL LICENSES
PO Box 83720, Boise, ID 83720-0063
24-2501-1401, Rules of the Idaho Driving Businesses Licensure Board. (Temp & Prop) Allows the Board to waive the apprenticeship requirements for licensure for those who hold a current equivalent license in another state or who have the requisite training and experience; clarifies the qualifications for a waiver of the instructor apprenticeship training program.
24-2601-1401, Rules of the Idaho Board of Midwifery. (Temp & Prop) Aligns rule to statutory amendments that clarify the scope of practice of midwifery.
IDAPA 26 – IDAHO DEPARTMENT OF PARKS AND RECREATION
PO Box 83720, Boise, ID 83720-0065
26-0103-1401, Rules Governing Recreational Registration Vendors. (Temp & Prop) Changes terminology to clarify and distinguish between the IDPR recreational registrations and the Idaho Transportation Department (ITD) vehicle registrations.
26-0120-1401, Rules Governing the Administration of Park and Recreation Areas and Facilities. (Temp & Prop) Changes terminology to clarify and distinguish between the IDPR recreational registrations and the ITD vehicle registrations.
26-0130-1401, Idaho Safe Boating Rules. (Temp & Prop) Changes “registration sticker” to “validation sticker” for snowmobiles to distinguish the IDPR recreational registrations and the ITD vehicle registrations.

26-0131-1401, Rules Governing the Administration of the Idaho Department of Parks and Recreation State and Federal Grant Funds. (Temp & Prop) Changes terminology to clarify and distinguish between the IDPR recreational registrations and the ITD vehicle registrations.
26-0134-1401, Idaho Protection Against Invasive Species Sticker Rules. (Temp & Prop) Changes terminology to clarify and distinguish between the IDPR recreational registrations and the ITD vehicle registrations.
26-0136-1401, Rules Governing the Winter Recreational Parking Permit Program. (Temp & Prop) Changes terminology to clarify and distinguish between the IDPR recreational registrations and the ITD vehicle registrations.
IDAPA 38 – DEPARTMENT OF ADMINISTRATION
PO Box 83720, Boise, ID 83720-0013
38-0404-1401, Rules Governing Capitol Mall Parking. (Temp & Prop) Provides for the utilization and management of the new State parking garage; clarifies eligibility requirements for specific permits; defines legislative parking and Capitol Annex visitor parrking; increases percentage of reserved parking spaces; increases monthly parking fees to fund the maintenance and security of new parking garage.
IDAPA 59 – PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO (PERSI)
PO Box 83720, Boise, ID 83720-0078
59-0106-1401, PERSI Retirement Rules. (Temp & Prop) Clarifies provisions regarding “retirement in place” for small board and commissions members by providing that they must be eligible to retire and be age 62 or over in order to qualify to retire in place.
59-0201-1401, Rules for the Judges’ Retirement Fund. (Temp & Prop) (New Chapter) Establishes the procedures for the administration of the judges’ retirement fund.
NOTICES OF INTENT TO PROMULGATE – NEGOTIATED RULEMAKING
IDAPA 02 – DEPARTMENT OF AGRICULTURE
02-0214-1403, Rules for Weights and Measures
02-0421-1402, Rules Governing Importation of Animals
02-0424-1401, Rules Governing Tuberculosis
02-0428-1401, Rules Governing Livestock Dealers, Buying Stations, and Livestock Trader Lots
*02-0627-1402, Rules Governing Bacterial Ring Rot Caused by (Clavibacter michiganensis subsp. Sepedonicus) of Potato (*2ND Notice)
02-0801-1401, Rules Governing the Idaho Sheep and Goat Health Board
IDAPA 05 – IDAHO DEPARTMENT OF JUVENILE CORRECTIONS
05-0101-1401, Rules for Contract Providers
05-0105-1401, Rules for Reintegration Providers
05-0201-1401, Rules for Residential Treatment Providers (New Chapter)
05-0202-1401, Rules for Staff Secure Providers (New Chapter)
05-0203-1401, Rules for Integration Providers (New Chapter)
05-0204-1401, Rules for Supported Living Providers (New Chapter)
IDAPA 07 – DIVISION OF BUILDING SAFETY
07-0205-1401, Rules Governing Plumbing Safety Licensing
IDAPA 09 – DEPARTMENT OF LABOR
09-0104-1401, Unemployment Insurance Benefits Fraud and Overpayment Rules
09-0106-1401, Rules of Appeals Bureau
09-0130-1401, Unemployment Insurance Benefits Administration Rules
IDAPA 13 – IDAHO DEPARTMENT OF FISH AND GAME
13-0108-1402, Rules Governing the Taking of Big Game Animals in the State of Idaho
IDAPA 15 – OFFICE OF THE GOVERNOR
IDAHO COMMISSION FOR THE BLIND AND VISUALLY IMPAIRED
15-0202-1401, Vocational Rehabilitation Services
15-0230-1401, Business Enterprise Program
MILITARY DIVISION – BUREAU OF HOMELAND SECURITY
15-0605-1401, Hazardous Substance Response Rules
IDAPA 16 – DEPARTMENT OF HEALTH AND WELFARE
*16-0227-1401, Idaho Radiation Control Rules (*2nd Notice)
16-0507-1401, The Investigation and Enforcement of Fraud, Abuse, and Misconduct
IDAPA 18 – IDAHO DEPARTMENT OF INSURANCE
18-0125-1401, Title Insurance and Title Insurance Agents and Escrow Officers
18-0144-1401, Schedule of Fees, Licenses, and Miscellaneous Charges
18-0146-1401, Recognition of New Annuity Mortality Tables for Use in Determining Reserve Liabilities
for Annuities and Pure Endowment Contracts
18-0153-1401, Continuing Education
18-0156-1401, Rebates and Illegal Inducements to Obtaining Title Insurance Business
IDAPA 19 – IDAHO STATE BOARD OF DENTISTRY
19-0101-1401, Rules of the Idaho State Board of Dentistry
IDAPA 20 – IDAHO DEPARTMENT OF LANDS
20-0316-1401, Rules Governing Oil and Gas Leasing on Idaho State Lands
IDAPA 27 – IDAHO BOARD OF PHARMACY
27-0101-1401, Rules of the Idaho Board of Pharmacy
IDAPA 35 – STATE TAX COMMISSION
35-0102-1403, Idaho Sales and Use Tax Administrative Rules
Please refer to the Idaho Administrative Bulletin, July 2, 2014, Volume 14-7, for the notices and text of all rulemakings, public hearings schedules, information on negotiated rulemakings, executive orders of the Governor, and agency contact information.
Issues of the Idaho Administrative Bulletin can be viewed at www.adminrules.idaho.gov/
Office of the Administrative Rules Coordinator, Dept. of Administration, PO Box 83720, Boise, ID 83720-0306
Phone: 208-332-1820; Fax: 334-2307; Email: rulescoordinator@adm.idaho.gov

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