reglab/housing_qa huggingface dataset:
UT Code § 31A-40-306 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 40 - Professional Employer Organization Licensing Act|Part 3 - Licensing Requirements|Section 306 - Professional employer organization group.

31A-40-306. Professional employer organization group.    (1) Subject to Subsection (2), a professional employer organization that is a member of a professional employer organization group may comply with Section 31A-40-205 or Sections 31A-40-302 through 31A-40-305 on a combined or consolidated basis if each member of the professional employer organization group guarantees the obligations under this chapter of each other member of the professional employer organization group.     (2) The controlling entity of a professional employer organization group shall guarantee the obligations of a professional employer organization under this chapter if the professional employer organization group files a combined or consolidated audited financial statement that includes a person that is not:   (a) a professional employer organization; or     (b) a member of the professional employer organization group.      Enacted by Chapter 318, 2008 General Session
UT Code § 31A-40-307 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 40 - Professional Employer Organization Licensing Act|Part 3 - Licensing Requirements|Section 307 - Voluntary surrender of professional employer organization license.

31A-40-307. Voluntary surrender of professional employer organization license.    (1) When a professional employer organization wants to voluntarily surrender its professional employer organization license, the professional employer organization shall:   (a) notify in writing each coemployer regarding the impending loss of the following provided under the professional employer agreement:   (i) workers' compensation insurance coverage;     (ii) health care benefits, if a coemployers' employee welfare plan includes fully insured or partially insured health insurance benefits; and     (iii) any other insurance benefit provided to coemployers by the professional employer organization; and       (b) submit a letter of intent to voluntarily surrender the license to the commissioner:   (i) after providing the notice to coemployers under Subsection (1)(a); and     (ii) not less than 45 days before the day on which the professional employer organization surrenders its professional employer organization license.         (2) The letter of intent to voluntarily surrender a professional employer organization license shall include the following:   (a) the reason the professional employer organization license is being surrendered;     (b) a discussion of each process or plan to handle the obligations to coemployers and employees;     (c) a list of coemployers as of the date of the letter;     (d) a copy of the notice sent to the coemployers under Subsection (1)(a);     (e) certification that the professional employer organization has notified the coemployers located in Utah of the professional employer organization's intent to cease doing business in Utah; and     (f) the signature of the professional employer organization's chief executive officer or controlling individual.      Enacted by Chapter 10, 2010 General Session
UT Code § 31A-40-308 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 40 - Professional Employer Organization Licensing Act|Part 3 - Licensing Requirements|Section 308 - Material changes.

31A-40-308. Material changes.  A professional employer organization shall notify the commissioner within 30 days of a change in:  (1) ownership;     (2) an address or telephone number;     (3) a contact person; or     (4) business email address at which the commissioner may contact the professional employer organization.    Enacted by Chapter 284, 2011 General Session
UT Code § 31A-40-309 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 40 - Professional Employer Organization Licensing Act|Part 3 - Licensing Requirements|Section 309 - Applicability of other provisions of law.

31A-40-309. Applicability of other provisions of law.  A professional employer organization is subject to Sections 31A-23a-402 and 31A-23a-402.5.  Enacted by Chapter 169, 2012 General Session
UT Code § 31A-40-402 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 40 - Professional Employer Organization Licensing Act|Part 4 - Enforcement|Section 402 - Disciplinary action.

31A-40-402. Disciplinary action.    (1) Notwithstanding Section 31A-2-308, in accordance with this section the commissioner may take action against a person if the commissioner finds that the person:   (a) is violating or has violated Section 31A-40-401; or     (b)   (i) is a:   (A) professional employer organization licensed under this chapter; or     (B) controlling person of a professional employer organization licensed under this chapter; and       (ii) is convicted of a crime that relates to:   (A) the operation of a professional employer organization;     (B) fraud or deceit; or     (C) the ability of the professional employer organization or a controlling person of the professional employer organization to operate a professional employer organization.           (2) After notice and an opportunity for a hearing in accordance with Title 63G, Chapter 4, Administrative Procedures Act, if the commissioner makes a finding described in Subsection (1), the commissioner may:   (a) deny an application for a license;     (b) revoke, restrict, or refuse to renew a license;     (c) place a licensee on probation for the period and subject to conditions specified by the commissioner;     (d) impose an administrative penalty in an amount not to exceed $2,500 for each violation; or     (e) issue a cease and desist order.      Enacted by Chapter 318, 2008 General Session
UT Code § 31A-41-101 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 41 - Title Insurance Recovery, Education, and Research Fund Act|Part 1 - General Provisions|Section 101 - Title.

31A-41-101. Title.  This chapter is known as the "Title Insurance Recovery, Education, and Research Fund Act."  Enacted by Chapter 220, 2008 General Session
UT Code § 31A-41-102 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 41 - Title Insurance Recovery, Education, and Research Fund Act|Part 1 - General Provisions|Section 102 - Definitions.

31A-41-102. Definitions.  As used in this chapter:  (1) "Commission" means the Title and Escrow Commission created in Section 31A-2-403.     (2) "Fund" means the Title Insurance Recovery, Education, and Research Fund created in Section 31A-41-201.     (3) "Title insurance licensee" means:   (a) an agency title insurance producer; or     (b) an individual title insurance producer.      Amended by Chapter 319, 2013 General Session
UT Code § 31A-41-103 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 41 - Title Insurance Recovery, Education, and Research Fund Act|Part 1 - General Provisions|Section 103 - Authority to take disciplinary action not limited.

31A-41-103. Authority to take disciplinary action not limited.    (1) This chapter does not limit the authority of the commissioner or the commission to take disciplinary action against a title insurance licensee for a violation of this title or rules made by the department or commission under this title.     (2) The repayment in full of obligations to the fund by a title insurance licensee does not nullify or modify the effect of another disciplinary proceeding brought pursuant to this title or rules and regulations made by the department or commission under this title.    Enacted by Chapter 220, 2008 General Session
UT Code § 31A-41-201 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 41 - Title Insurance Recovery, Education, and Research Fund Act|Part 2 - Creation of Fund|Section 201 - Creation of Title Insurance Recovery, Education, and Research Fund.

31A-41-201. Creation of Title Insurance Recovery, Education, and Research Fund.    (1) There is created an expendable special revenue fund to be known as the "Title Insurance Recovery, Education, and Research Fund."     (2) The fund shall consist of:   (a) assessments on individual title insurance producers and agency title insurance producers made under this chapter;     (b) amounts collected under Section 31A-41-305; and     (c) interest earned on the fund.       (3) Interest on fund money shall be deposited into the fund.     (4) The department shall administer the fund.    Amended by Chapter 319, 2013 General SessionAmended by Chapter 400, 2013 General Session
UT Code § 31A-41-202 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 41 - Title Insurance Recovery, Education, and Research Fund Act|Part 2 - Creation of Fund|Section 202 - Assessments.

 Effective 5/10/2016  31A-41-202. Assessments.    (1) An agency title insurance producer licensed under this title shall pay an annual assessment determined by the commission by rule made in accordance with Section 31A-2-404, except that the annual assessment:   (a) may not exceed $1,000; and     (b) shall be determined on the basis of title insurance premium volume.       (2) An individual who applies for a license or renewal of a license as an individual title insurance producer, shall pay in addition to any other fee required by this title, an assessment not to exceed $20, as determined by the commission by rule made in accordance with Section 31A-2-404, except that if the individual holds more than one license, the total of all assessments under this Subsection (2) may not exceed $20 in a fiscal year.     (3)   (a) To be licensed as an agency title insurance producer, a person shall pay to the department an assessment of $1,000 before the day on which the person is licensed as a title insurance agency.     (b)   (i) The department shall assess on a licensed agency title insurance producer an amount equal to the greater of:   (A) $1,000; or     (B) subject to Subsection (3)(b)(ii), 2% of the balance in the agency title insurance producer's reserve account described in Subsection 31A-23a-204(3).       (ii) The department may assess on an agency title insurance producer an amount less than 2% of the balance described in Subsection (3)(b)(i)(B) if:   (A) before issuing the assessments under this Subsection (3)(b) the department determines that the total of all assessments under Subsection (3)(b)(i) will exceed $250,000;     (B) the amount assessed on the agency title insurance producer is not less than $1,000; and     (C) the department reduces the assessment in a proportionate amount for agency title insurance producers assessed on the basis of the 2% of the balance described in Subsection (3)(b)(i)(B).       (iii) An agency title insurance producer assessed under this Subsection (3)(b) shall pay the assessment by no later than August 1.         (4) The department may not assess a title insurance licensee an assessment for purposes of the fund if that assessment is not expressly provided for in this section.    Amended by Chapter 138, 2016 General Session
UT Code § 31A-41-203 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 41 - Title Insurance Recovery, Education, and Research Fund Act|Part 2 - Creation of Fund|Section 203 - Use of money.

 Effective 5/12/2015  31A-41-203. Use of money.    (1) Money in the fund may be used to pay claims made under Part 3, Claims on Fund.     (2)   (a) Except as limited by Subsection (2)(b), money in the fund in excess of $250,000 may be used by the commissioner, with the consent of the commission, to:   (i) investigate violations of this chapter related to fraud by a title insurance licensee;     (ii) conduct education and research in the field of title insurance; or     (iii) examine a title insurance licensee's:   (A) escrow and trust account;     (B) examination procedures; or     (C) compliance with applicable statutes and rules.         (b) The commissioner may not use more than 75% of money collected under this chapter in a fiscal year from assessments and interest for the purposes outlined in this Subsection (2).       (3) The disclosure of an examination conducted under this section is governed by Section 31A-2-204.    Amended by Chapter 330, 2015 General Session
UT Code § 31A-41-301 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 41 - Title Insurance Recovery, Education, and Research Fund Act|Part 3 - Claims on Fund|Section 301 - Procedure for making a claim against the fund.

 Effective 5/10/2016  31A-41-301. Procedure for making a claim against the fund.    (1) To recover from the fund, a person shall:   (a) obtain a final judgment against a title insurance licensee establishing that fraud, misrepresentation, or deceit by the licensee in a real estate transaction proximately caused economic harm to the person; and     (b) apply to the department to receive compensation for the economic harm from the fund.       (2) An application under Subsection (1)(b) shall establish all of the following:   (a) the applicant is not a spouse of the judgment debtor or the personal representative of the spouse;     (b) the applicant has obtained a final judgment in accordance with Subsections (1)(a) and (3);     (c) an amount is still owed on the judgment at the date of the application;     (d) the applicant has had a writ of execution issued under the judgment, and the officer executing the writ has returned showing that:   (i) no property subject to execution in satisfaction of the judgment could be found; or     (ii) the amount realized upon the execution levied against the property of the judgment debtor is insufficient to satisfy the judgment;       (e) the applicant has made reasonable searches and inquiries to ascertain whether the judgment debtor has any interest in property, real or personal, that may satisfy the judgment; and     (f) the applicant has exercised reasonable diligence to secure payment of the judgment from the assets of the judgment debtor.       (3)   (a) A final judgment under Subsection (1)(a) does not include a default judgment entered against a title insurance licensee. If grounds exist for a default judgment against a title insurance licensee, the requirement of a final judgment may be satisfied by complying with Section 31A-41-302.     (b) A final judgment under Subsection (1)(a) does not include a judgment that is discharged in bankruptcy. If a bankruptcy proceeding is open or is commenced during the pendency of an application under Subsection (1)(b) before the department or the court, the applicant shall obtain an order from the bankruptcy court declaring the judgment and debt to be non-dischargeable.       (4) The department may hold a hearing on the application filed pursuant to Subsection (2). The hearing shall be an informal adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act, with rights of appeal as provided in Title 63G, Chapter 4, Administrative Procedures Act.    Amended by Chapter 138, 2016 General Session
UT Code § 31A-41-302 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 41 - Title Insurance Recovery, Education, and Research Fund Act|Part 3 - Claims on Fund|Section 302 - Department may defend action in which title insurance licensee does not appear or defend.

 Effective 5/10/2016  31A-41-302. Department may defend action in which title insurance licensee does not appear or defend.    (1) In a lawsuit alleging that fraud, misrepresentation, or deceit by a title insurance licensee in a real estate transaction proximately caused economic harm, if grounds arise for the entry of a default judgment against the title insurance licensee, the plaintiff may petition the court to join the department as a defendant in the lawsuit.     (2) After being served, the department may appear, conduct discovery, and otherwise defend against any claim asserted against the title insurance licensee for which the fund may be liable under this part. A judgment under this Subsection (2) may not be issued against the department.    Repealed and Re-enacted by Chapter 138, 2016 General Session
UT Code § 31A-41-303 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 41 - Title Insurance Recovery, Education, and Research Fund Act|Part 3 - Claims on Fund|Section 303 - Determination and amount of fund liability.

 Effective 5/10/2016  31A-41-303. Determination and amount of fund liability.    (1) Subject to the requirements of this part, if the department determines that a claim should be levied against the fund, the department shall enter an order that the fund pay that portion of the petitioner's judgment that is eligible for payment from the fund.     (2) A payment from the fund may not compensate for punitive damages, attorney fees, interest, or court costs.     (3) Regardless of the number of claimants or parcels of real estate involved in a single transaction, the liability of the fund may not exceed:   (a) $15,000 for a single real estate transaction; or     (b) $50,000 for all transactions of a title insurance licensee.      Amended by Chapter 138, 2016 General Session
UT Code § 31A-41-304 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 41 - Title Insurance Recovery, Education, and Research Fund Act|Part 3 - Claims on Fund|Section 304 - Insufficient funds to satisfy judgment.

31A-41-304. Insufficient funds to satisfy judgment.  If the money in the fund is insufficient to satisfy a claim ordered to be paid under Section 31A-41-303, when sufficient money is in the fund, the department shall pay a person with an unpaid claim:  (1) in the order that petitions related to unpaid claims are originally served on the department; and     (2) an amount equal to the sum of:   (a) the unpaid claim; and     (b) interest on the unpaid claim at a rate of 5% per annum from the date the court orders payment from the fund until the day on which the claim is paid.      Amended by Chapter 342, 2011 General Session
UT Code § 31A-41-305 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 41 - Title Insurance Recovery, Education, and Research Fund Act|Part 3 - Claims on Fund|Section 305 - Department subrogated -- Authority to revoke license.

31A-41-305. Department subrogated -- Authority to revoke license.    (1)   (a) If the department makes payment from the fund, the department is subrogated to all the rights of the person who received money from the fund for the amounts paid out of the fund.     (b) Any amounts recovered by the department under the subrogated rights shall be deposited in the fund.       (2)   (a) The license of a title insurance licensee for whom payment from the fund is made under this chapter is automatically revoked.     (b) Before a title insurance licensee whose license is revoked under this section may apply for a new license under this title, the title insurance licensee shall pay to the department for deposit in the fund:   (i) the amounts paid by the fund because of an action brought against the title insurance licensee; and     (ii) interest at a rate determined by the commissioner with the concurrence of the commission.        Enacted by Chapter 220, 2008 General Session
UT Code § 31A-41-306 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 41 - Title Insurance Recovery, Education, and Research Fund Act|Part 3 - Claims on Fund|Section 306 - Failure to comply constitutes a waiver.

31A-41-306. Failure to comply constitutes a waiver.  The failure of a person to comply with this chapter constitutes a waiver of any right provided under this chapter.  Enacted by Chapter 220, 2008 General Session
UT Code § 31A-43-101 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 43 - Small Employer Stop-Loss Insurance Act|Part 1 - General Provisions|Section 101 - Title.

31A-43-101. Title.  This chapter is known as the "Small Employer Stop-Loss Insurance Act."  Enacted by Chapter 341, 2013 General Session
UT Code § 31A-43-102 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 43 - Small Employer Stop-Loss Insurance Act|Part 1 - General Provisions|Section 102 - Definitions.

 Effective 5/13/2014  31A-43-102. Definitions.  For purposes of this chapter:  (1) "Actuarial certification" means a written statement by a member of the American Academy of Actuaries, or by another individual acceptable to the commissioner, that an insurer is in compliance with this chapter, based upon the individual's examination and including a review of the appropriate records and the actuarial assumptions and methods used by the stop-loss insurer in establishing attachment points and other applicable determinations in conjunction with the provision of stop-loss insurance coverage.     (2) "Aggregate attachment point" means the dollar amount of covered claims incurred by a small employer plan beyond which the stop-loss insurer incurs liability for losses incurred by the small employer plan, subject to limitations included in the contract.     (3) "Coverage" means the combination of the employer plan design and the stop-loss contract design.     (4) "Expected claims" means the amount of claims that, in the absence of aggregate stop-loss insurance, are projected to be incurred by a small employer health plan using reasonable and accepted actuarial principles.     (5) "Lasering":   (a) means increasing or removing stop-loss coverage for a specific individual within an employer group; and     (b) includes other practices that are prohibited by the commissioner by administrative rule that result in lowering the stop-loss premium for the employer by transferring the risk for an individual's claims back to the employer.       (6) "Small employer" means an employer who, with respect to a calendar year and to a plan year:   (a) employed an average of at least two employees but not more than 50 eligible employees on each business day during the preceding calendar year; and     (b) employs at least two employees on the first day of the plan year.       (7) "Specific attachment point" means the dollar amount of covered claims attributable to a single individual covered by a small employer plan in a contract year beyond which the stop-loss insurer assumes the liability for losses incurred by the small employer plan, subject to limitations included in the contract.     (8) "Stop-loss insurance" means insurance purchased by a small employer for which the stop-loss insurer assumes all loss amounts of the small employer's plan in excess of a stated amount, subject to the policy limit.    Amended by Chapter 290, 2014 General SessionAmended by Chapter 300, 2014 General Session
UT Code § 31A-43-201 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 43 - Small Employer Stop-Loss Insurance Act|Part 2 - Scope of Chapter|Section 201 - Scope of chapter.

31A-43-201. Scope of chapter.    (1) This chapter establishes criteria for the issuance of stop-loss insurance contracts or re-insurance contracts for small employers that establish self-funded or partially self-funded health plans for the small employer's employees. This chapter does not:   (a) impose any requirement or duty on any person other than a stop-loss insurer or re-insurer who issues a stop-loss insurance contract to a small employer;     (b) treat any stop-loss insurance contract as a direct policy of health insurance; or     (c) constitute an attempt to exercise authority over self-funded or partially self-funded health benefit plans sponsored by a small employer.       (2) This chapter applies to a small employer stop-loss contract issued or renewed on or after July 1, 2013.    Enacted by Chapter 341, 2013 General Session
UT Code § 31A-43-202 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 43 - Small Employer Stop-Loss Insurance Act|Part 2 - Scope of Chapter|Section 202 - Laws applicable to stop-loss insurance.

31A-43-202. Laws applicable to stop-loss insurance.  A stop-loss insurance contract or a re-insurance contract issued to a small employer that establishes a self-funded or partially self-funded health plan:  (1) is not reinsurance under this title, and is not subject to the regulations for reinsurance under this title;     (2) is subject to regulation as stop-loss insurance under this chapter; and     (3) is subject to the contract provisions of this title in the same manner as insurance contracts issued by any other insurer.    Enacted by Chapter 341, 2013 General Session