Utah Department of Administrative Services Division of Administrative Rules

File No. 33821

This rule was published in the October 1, 2010, issue (Vol. 2010, No. 19) of the Utah State Bulletin.


Insurance, Administration

Rule R590-244

Individual and Agency Licensing Requirements

Change in Proposed Rule

DAR File No.: 33821
Filed: 09/14/2010 03:47:59 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being changed due to suggestions received during the previous comment period.

Summary of the rule or change:

Section R590-244-4 is being changed to correct the number of days given to complete an application that is filed incomplete and for clarification purposes. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the August 1, 2010, issue of the Utah State Bulletin, on page 31. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

  • Section 31A-25-201
  • Section 31A-23a-115
  • Section 31A-23a-302
  • Section 31A-25-208
  • Section 31A-23a-111
  • Section 31A-26-210
  • Section 31A-35-401
  • Section 31A-26-213
  • Section 31A-2-201
  • Section 31A-23a-110
  • Section 31A-35-301
  • Section 31A-35-104
  • Section 31A-26-202
  • Section 31A-23a-104
  • Section 31A-35-406

Anticipated cost or savings to:

the state budget:

The previous change of 45 days to complete an incomplete submission was incorrect. It should have been 30 days, which is the current procedure being followed by the department.

local governments:

This rule and its change will have no fiscal impact on local governments since the rule deals solely with the relationship between the department and its licensees.

small businesses:

This rule change applies to individual and group licensees. Most of the group licensees are small employers. This will have no fiscal impact since it is already the procedure being followed by the department.

persons other than small businesses, businesses, or local governmental entities:

This rule change applies to individual and group licensees. Most of the group licensees are small employers. This will have no fiscal impact since it is already the procedure being followed by the department.

Compliance costs for affected persons:

This rule change applies to individual and group licensees. It will have no fiscal impact since this procedure is already being followed by the department.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule will have no fiscal impact on businesses.

Neal T. Gooch, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Insurance
Administration
450 N MAIN ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

  • Jilene Whitby at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/01/2010

This rule may become effective on:

11/08/2010

Authorized by:

Jilene Whitby, Information Specialist

RULE TEXT

R590. Insurance, Administration.

R590-244. Individual and Agency Licensing Requirements.

 

. . . . . . .

 

R590-244-4. Requirement to Electronically Submit License Applications, Appointments, Designations, and License Amendments.

(1) Except as otherwise provided in this rule the following shall be submitted electronically to the department using http://www.sircon.com/utah (SIRCON) or http://www.nipr.com/ (NIPR):

(a) all individual and agency license applications under chapters 23a, 25, 26, and 35 as prescribed in R590-244-6, 7, and 8 for:

(i) a new license;

(ii) an additional license type or line of authority;

(iii) a license renewal; or

(iv) a license reinstatement;

(b) all appointments, termination of appointments, designations, and terminations of designations as prescribed in R590-244-9 and 10;

(c) all miscellaneous license amendments pertaining to individual and agency licenses under Chapters 23a, 25, 26 and 35 as prescribed in R590-244-11;

(d) all documents related to reporting to the commissioner of criminal prosecution or administrative action taken against a licensee as required under Chapters 23a, 25, 26 and 35; and

(e) any additional documentation required in connection with an application, except as shown in (iv) below, including but not limited to:

(i) written explanation and documentation for positive responses to background questions on a license application;

(ii) evidence of meeting specific experience, bonding, or other requirements for certain license types or lines of authority; or

(iii) evidence of meeting continuing education requirements for a renewal or reinstatement application when there is a question regarding the number of course hours completed.

(iv) If an electronic attachment of a document required in connection with an application is not available in the attachment utility from SIRCON or NIPR, the document shall be submitted electronically via a facsimile or as a PDF attachment to an email, until such time that an electronic attachment of the document to the application becomes available from SIRCON or NIPR.

(2) Attestation. Submission of an electronic application or other form under this Rule constitutes the applicant's or submitter's attestation under penalties of perjury that the information contained in the application or form is true and correct.

(3) Any submission subject to this rule that does not comply with this rule , including an application that remains incomplete for a period of 30 days following the initial submission, may be rejected as incomplete and returned to the submitter without being processed, with any paid fees forfeited to the State.

 

. . . . . . .

 

KEY: insurance licensing requirements

Date of Enactment or Last Substantive Amendment: 2010

Authorizing, and Implemented or Interpreted Law: 31A-2-201; 31A-23a-104; 31A-23a-110; 31A-23a-111; 31A-23a-115; 31A-23a-302; 31A-25-201; 31A-25-208; 31A-26-202; 31A-26-210; 31A-26-213; 31A-35-104; 31A-35-301; 31A-35-401; 31A-35-406

 


Additional Information

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2010/b20101001.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

For questions regarding the content or application of this rule, please contact Jilene Whitby at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov.