DAR File No. 38246

Insurance, Title and Escrow Commission

Section R592-8-5

Request for Exemption Process

Notice of Proposed Rule

(Amendment)

DAR File No.: 38246
Filed: 01/15/2014 03:55:36 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Title and Escrow Commission wanted to correct in the wording to clarify applicant's right to a hearing before an agency review, and clarify the process when the Department and the Commission do not concur in the exemption process.

Summary of the rule or change:

Subsection R592-8-5(6)(b) corrects language to show that the hearing comes before an agency review. Subsection R592-8-5(8) adds language to state what happens when the Commission and commissioner do not concur in the exemption process.

State statutory or constitutional authorization for this rule:

• Section 31A-23a-204
• Section 31A-2-404

Anticipated cost or savings to:

the state budget:

The changes to this rule are for clarification purposes and to show what is happening already in the case of the agency review, and to clarify procedure when there is non-concurrence between the Commission and commissioner in the case of an attorney exemption application. These changes will have no fiscal impact on the department or state's budget. They are procedural clarifications only.

local governments:

This rule and its changes will have no impact on local government. It simply clarifies procedures when an attorney files with the department for an exemption from the three-year experience requirement to license an agency title insurance producer. It will have no fiscal impact on local governments.

small businesses:

Changes in this rule clarify the exemption procedure. They will have no fiscal impact on small businesses like insurance agencies. Setting up the procedure for non-concurrence will eliminate the question of what happens if the commissioner and Commission do not concur. There will be no fiscal impact.

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

Changes in this rule clarify the exemption procedure. They will have no fiscal impact on large businesses, like insurance companies, or individuals. Setting up the procedure for non-concurrence will eliminate the question of what happens if the commissioner and Commission do not concur.

Compliance costs for affected persons:

The changes to this rule will have no fiscal impact on attorneys applying for an exemption from the experience requirement for an agency title insurance license. They just clarify procedures in the process.

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

The changes to this rule will have no fiscal impact on Utah businesses.

Todd E. Kiser, Commissioner

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

Insurance
Title and Escrow Commission
Room 3110 STATE OFFICE BLDG
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:

03/03/2014

This rule may become effective on:

03/10/2014

Authorized by:

Todd Kiser, Commissioner

R592. Insurance, Title and Escrow Commission.

R592-8. Application Process for an Attorney Exemption for Agency Title Insurance Producer Licensing.

R592-8-5. Request for Exemption Process.

(1) An individual title licensee, who is an attorney as defined in this rule desiring to obtain an agency title insurance producer license under the exemption provided in 31A-23A-204(1)(c), shall make a request for exemption to the Commissioner in accordance with the requirements of this subsection.

(2) The applicant will submit a letter addressed to the Commission:

(a) requesting exemption from the licensing time period requirements in 31A-23a-204(1)(a)(i); and

(b) providing the following information:

(i) the applicant's name, mailing address and email, telephone number, and title license number;

(ii) a description of the applicant's real estate experience; and

(iii) why the applicant feels that experience qualifies the applicant for the exemption.

(3) The Commissioner will review the request for exemption within five business days of its receipt and

(a) request additional information from the applicant;

(b) preliminarily approve the request for exemption; or

(c) preliminarily disapprove the request for exemption.

(4) The Commissioner will report monthly to the Commission all preliminarily approved or denied requests for exemption received and reviewed since the previous Commission meeting.

(5) The Commission will concur or non-concur with the Commissioner's preliminary approval or denial of a request for exemption.

(6) If the Commissioner's preliminary denial of a request for exemption is concurred with by the Commission, the Commissioner will:

(a) notify the applicant of the denial; and

(b) inform the applicant of [his]the applicant's right to [agency review pursuant to R590-160]a hearing.

(7) If the Commissioner's preliminary approval of a request for exemption is concurred with by the Commission, the Commissioner will expeditiously notify the applicant to submit an electronic license application and pay the required fees and assessments.

(8) If the Commission does not concur with the commissioner's preliminary approval or preliminary denial, the applicant shall be informed of the applicant's right to a hearing.

 

KEY: attorney exemption application process

Date of Enactment or Last Substantive Amendment: [June 25, 2009]2014

Authorizing, and Implemented or Interpreted Law: 31A-1-301; 31A-2-308; 31A-2-402; 31A-2-404; 31A-23a-102; 31A-23a-204