reglab/housing_qa huggingface dataset:
UT Code § 31A-2-303 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 2 - Administration of the Insurance Laws|Part 3 - Procedures and Enforcement|Section 303 - Notice.

31A-2-303. Notice.    (1) If the commissioner determines that the number of persons affected by a proposed action is so great as to render it impracticable to serve each person affected with a copy of an order, notice of hearing, or other notice, the commissioner shall:   (a) provide a copy of the order, notice of hearing, or other notice to all persons who have filed with the department a general request to be informed of this type of action, or if fewer than 10 persons have requested this type of notice, provide a copy to those who have and also to others affected by the notice or order so that at least 10 persons receive the notice or order who are collectively representative of the class of persons whose legal status, pecuniary interests, or other substantial interests will be affected by the proposed action; and     (b) publish a copy of the order, notice of hearing, or other notice under Subsection (2).       (2) When this title requires the commissioner to publish an order, notice of hearing, or other document, the commissioner shall cause the notice or order to be published:   (a) at least once during each of the four weeks preceding the hearing, effective date, or other critical event, in at least two newspapers with sufficient circulation and appropriate location to best provide actual notice; and     (b) in accordance with Section 45-1-101 for four weeks preceding the hearing, effective date, or other critical event.      Amended by Chapter 388, 2009 General Session
UT Code § 31A-2-304 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 2 - Administration of the Insurance Laws|Part 3 - Procedures and Enforcement|Section 304 - Auxiliary procedural powers.

31A-2-304. Auxiliary procedural powers.  The commissioner, or his delegate authorized for a particular matter over his handwritten signature, may administer oaths, take testimony, issue subpoenas, and take depositions in connection with any hearing, meeting, examination, investigation, or other proceeding that the commissioner may conduct. The subpoena shall have the same effect and shall be served in the same manner as if issued from a court of record. Sections 78B-1-131 and 78B-6-313 apply to the enforcement of the process issued by the commissioner or his delegate.  Amended by Chapter 3, 2008 General Session
UT Code § 31A-2-305 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 2 - Administration of the Insurance Laws|Part 3 - Procedures and Enforcement|Section 305 - Immunity from prosecution.

31A-2-305. Immunity from prosecution.    (1) If a natural person declines to appear, testify, or produce any record or document in any proceeding instituted by the commissioner or in obedience to the subpoena of the commissioner, the commissioner may apply to a judge of the district court where the proceeding is held for an order to the person to attend, testify, or produce records or documents as requested by the commissioner. In the event a witness asserts a privilege against self-incrimination, testimony and evidence from the witness may be compelled pursuant to Title 77, Chapter 22b, Grants of Immunity.     (2) If a person claims the privilege against self-incrimination and refuses to appear, testify, or produce documents in response to probative evidence against him in a proceeding to revoke or suspend his license, and if the testimony or documents would have been admissible as evidence in a court of law except for the Fifth Amendment privilege, the refusal to appear, testify, or produce documents is, for noncriminal proceedings only, rebuttable evidence of the facts on which the proceeding is based.    Amended by Chapter 296, 1997 General Session
UT Code § 31A-2-306 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 2 - Administration of the Insurance Laws|Part 3 - Procedures and Enforcement|Section 306 - Judicial review -- Costs.

31A-2-306. Judicial review -- Costs.    (1) A person aggrieved by a rule or order of the commissioner, or aggrieved by the commissioner's failure to act when he has a duty to act, may obtain judicial review.     (2) The court reviewing agency actions governed by this title shall give priority to those actions and shall hear and determine them promptly.     (3) Costs shall be awarded as in civil cases. If the court finds that the appeal from action or inaction stemmed from the bad faith or malice of the commissioner, the court may award reasonable attorney's fees to the prevailing petitioner. Section 63G-7-701 applies to the extent the attorney's fees awarded under this subsection exceed $10,000 for any one appeal.    Amended by Chapter 267, 2004 General Session
UT Code § 31A-2-306.5 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 2 - Administration of the Insurance Laws|Part 3 - Procedures and Enforcement|Section 306.5 - Stay of commissioner's decision pending administrative review or judicial appeal.

31A-2-306.5. Stay of commissioner's decision pending administrative review or judicial appeal.    (1) An order of the commissioner or a designee of the commissioner is not stayed by a petition for:   (a) administrative review;     (b) rehearing; or     (c) judicial review.       (2) A person seeking to stay an order of the commissioner or a designee of the commissioner shall seek a stay in accordance with:   (a) rules made by the commissioner in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, pending a petition for:   (i) administrative review; or     (ii) rehearing; or       (b) Section 63G-4-405, pending judicial review.      Amended by Chapter 382, 2008 General Session
UT Code § 31A-2-307 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 2 - Administration of the Insurance Laws|Part 3 - Procedures and Enforcement|Section 307 - Declaratory interpretation of statutes -- Procedure.

31A-2-307. Declaratory interpretation of statutes -- Procedure.    (1) The commissioner or any other person with a substantial interest in the result may petition the Third District Court for Salt Lake County for a declaratory judgment interpreting any provision of this title as applied to stipulated facts.     (2) The court may require that notice be given to persons that may be affected by the judgment. These persons may participate in the proceeding.     (3) The court in its discretion may require the commissioner and any other participating parties to provide testimony and documentary evidence necessary for a fair disposition of the case.     (4) The court may decline to proceed on the petition if it believes the petition is frivolous, or the declaratory relief is unnecessary or has the possibility of prejudicing persons who cannot practicably be made parties to the proceeding.     (5) The court may declare the meaning of the statute. The declaration has the effect of a final judgment or decree.     (6) Any participating party may obtain judicial review of the decision.     (7) The costs of the proceeding shall be paid by the petitioner unless the commissioner is the petitioner, in which case all parties shall bear their own costs. "Costs" means:   (a) fees of the clerk and marshal;     (b) fees of the court reporter or the transcriber of a tape of the proceedings for all or any part of the transcript necessarily obtained for use in the case;     (c) fees and disbursements for printing and witnesses;     (d) fees for exemplification and copies of papers necessarily obtained for use in the case; and     (e) compensation of court-appointed experts or interpreters. Reimbursements shall be made to the General Fund, and shall be added back to the department's budget, except to the extent the department forwards a reimbursement to the attorney general's office, in which case the attorney general's budget shall be credited with the reimbursement.      Amended by Chapter 101, 1988 General Session
UT Code § 31A-2-309 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 2 - Administration of the Insurance Laws|Part 3 - Procedures and Enforcement|Section 309 - Service of process through state officer.

 Effective 5/12/2020  31A-2-309. Service of process through state officer.    (1) The commissioner, or the lieutenant governor when the subject proceeding is brought by the state, is the agent for receipt of service of a summons, notice, order, pleading, or other legal process relating to a Utah court or administrative agency upon the following:   (a) an insurer authorized to do business in this state, while authorized to do business in this state, and thereafter in a proceeding arising from or related to a transaction having a connection with this state;     (b) a surplus lines insurer for a proceeding arising out of a contract of insurance that is subject to the surplus lines law, or out of a certificate, cover note, or other confirmation of that type of insurance;     (c) an unauthorized insurer or other person assisting an unauthorized insurer under Subsection 31A-15-102(1) by doing an act specified in Subsection 31A-15-102(2), for a proceeding arising out of a transaction that is subject to the unauthorized insurance law;     (d) a nonresident producer, consultant, adjuster, or third party administrator, while authorized to do business in this state, and thereafter in a proceeding arising from or related to a transaction having a connection with this state; and     (e) a reinsurer submitting to the commissioner's jurisdiction under Subsection 31A-17-404(11).       (2) The following is considered to have irrevocably appointed the commissioner and lieutenant governor as that person's agents in accordance with Subsection (1):   (a) a licensed insurer by applying for and receiving a certificate of authority;     (b) a surplus lines insurer by entering into a contract subject to the surplus lines law;     (c) an unauthorized insurer by doing in this state an act prohibited by Section 31A-15-103; and     (d) a nonresident producer, consultant, adjuster, and third party administrator.       (3) The commissioner and lieutenant governor are also agents for an executor, administrator, personal representative, receiver, trustee, or other successor in interest of a person specified under Subsection (1).     (4) A litigant serving process on the commissioner or lieutenant governor under this section shall pay the fee applicable under Section 31A-3-103.     (5) The right to substituted service under this section does not limit the right to serve a summons, notice, order, pleading, demand, or other process upon a person in another manner provided by law.    Amended by Chapter 32, 2020 General Session
UT Code § 31A-2-310 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 2 - Administration of the Insurance Laws|Part 3 - Procedures and Enforcement|Section 310 - Procedure for service of process through state officer.

31A-2-310. Procedure for service of process through state officer.    (1) Service upon the commissioner or lieutenant governor under Section 31A-2-309 is service on the principal, if:   (a) two copies of the process are delivered personally or to the office of the official designated in Section 31A-2-309, and     (b) that official mails a copy of the process to the person to be served according to Subsection (2)(b).       (2)   (a) The commissioner and the lieutenant governor shall give receipts for and keep records of all process served through them.     (b) The commissioner or the lieutenant governor shall immediately send by certified mail one copy of the process received to the person to be served at that person's last known principal place of business, residence, or post-office address. The commissioner or the lieutenant governor shall retain the other copy for his files.     (c) No plaintiff or complainant may take a judgment by default in any proceeding in which process is served under this section and Section 31A-2-309 until the expiration of 40 days from the date of service of process under Subsection (2)(b).       (3) Proof of service shall be evidenced by a certificate by the official designated in Section 31A-2-309, showing service made upon him and mailing by him, and attached to a copy of the process presented to him for that purpose.     (4) When process is served under this section, the words "twenty days" in the first sentence of Rule 12(a) of the Utah Rules of Civil Procedure shall be changed to read "forty days."     Amended by Chapter 20, 1995 General Session
UT Code § 31A-2-401 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 2 - Administration of the Insurance Laws|Part 4 - Title and Escrow Commission Act|Section 401 - Title.

31A-2-401. Title.  This part is known as the "Title and Escrow Commission Act."  Enacted by Chapter 185, 2005 General Session
UT Code § 31A-2-402 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 2 - Administration of the Insurance Laws|Part 4 - Title and Escrow Commission Act|Section 402 - Definitions.

 Effective 5/12/2015  31A-2-402. Definitions.  As used in this part:  (1) "Commission" means the Title and Escrow Commission created in Section 31A-2-403.     (2) "Concurrence" means the entities given a concurring role must jointly agree for the action to be taken.     (3) "Dual licensed title licensee" means a title licensee who holds:   (a) an individual title insurance producer license as a title licensee; and     (b) a license or certificate under:   (i)Title 61, Chapter 2c, Utah Residential Mortgage Practices and Licensing Act;     (ii)Title 61, Chapter 2f, Real Estate Licensing and Practices Act; or     (iii)Title 61, Chapter 2g, Real Estate Appraiser Licensing and Certification Act.         (4) "Real Estate Commission" means the Real Estate Commission created in Section 61-2f-103.     (5) "Title insurance matter" means a matter related to:   (a) title insurance;     (b) an escrow conducted by an individual title insurance producer or agency title insurance producer;     (c) licensing, examination, and continuing education of an applicant to be a title licensee; or     (d) conduct of a title licensee.       (6) "Title licensee" means a person licensed under this title as:   (a) an agency title insurance producer with a title insurance line of authority;     (b) an individual title insurance producer with:   (i) a general title insurance line of authority; or     (ii) a specific category of authority for title insurance; or       (c) a title insurance adjuster.      Amended by Chapter 330, 2015 General Session
UT Code § 31A-3-101 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 3 - Department Funding, Fees, and Taxes|Part 1 - Funding the Insurance Department|Section 101 - General finance provisions.

31A-3-101. General finance provisions.  Department expenditures shall conform to the Legislature's appropriation adopted under Title 63J, Chapter 1, Budgetary Procedures Act.  Amended by Chapter 284, 2011 General Session
UT Code § 31A-3-102 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 3 - Department Funding, Fees, and Taxes|Part 1 - Funding the Insurance Department|Section 102 - Exclusive fees and taxes.

 Effective 5/12/2020  31A-3-102. Exclusive fees and taxes.    (1) The following are in place of any other license fee or license assessment that might otherwise be levied against a licensee by the state or a political subdivision of the state:   (a) subject to Subsection (4), taxes and fees under this chapter;     (b) the premium taxes under Title 59, Chapter 9, Taxation of Admitted Insurers;     (c) the fees under Section 31A-31-108; and     (d) the examination costs under Section 31A-2-205.       (2) The following are not subject to Title 59, Chapter 7, Corporate Franchise and Income Taxes:   (a) an insurer that is subject to premium taxes under Title 59, Chapter 9, Taxation of Admitted Insurers, regardless of whether the insurance company has a tax liability under that chapter;     (b) an insurance company that engages in a transaction that is subject to taxes under Section 31A-3-301 or 31A-3-302, regardless of whether the insurance company has a tax liability under that section; and     (c) a captive insurance company as provided in Section 31A-3-304 that pays a fee imposed under Section 31A-3-304.       (3) Unless otherwise exempt, a licensee under this title is subject to real and personal property taxes.     (4) A tax or fee under this chapter is not in place of a tax or fee a municipality or county imposes in accordance with Section 10-1-203 or 17-53-216.    Amended by Chapter 127, 2020 General Session
UT Code § 31A-3-103 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 3 - Department Funding, Fees, and Taxes|Part 1 - Funding the Insurance Department|Section 103 - Fees.

31A-3-103. Fees.    (1) For purposes of this section, "services" means functions that are reasonable and necessary to enable the commissioner to perform the duties imposed by this title including:   (a) issuing or renewing a license or certificate of authority;     (b) filing a policy form;     (c) reporting a producer appointment or termination; and     (d) filing an annual statement.       (2) Except as otherwise provided by this title:   (a) the commissioner may set and collect a fee for services provided by the commissioner;     (b) a fee related to the renewal of a license may be imposed no more frequently than once each year; and     (c) a fee charged by the commissioner shall be set in accordance with Section 63J-1-504.       (3)   (a) The commissioner shall publish a schedule of fees established pursuant to this section.     (b) The commissioner shall, by rule, establish the deadlines for payment of a fee established pursuant to this section.       (4)   (a) Beginning July 1, 2011, there is created in the General Fund a restricted account known as the "Insurance Department Restricted Account."     (b) Except as provided in Subsection (4)(c), the Insurance Department Restricted Account shall consist of:   (i) fees authorized by this section; and     (ii) other money received by the department, including:   (A) reimbursements for examination costs incurred by the department; and     (B) forfeitures collected under this title.         (c) The department shall deposit money it receives that is subject to a restricted account or enterprise fund created by this title into the restricted account or enterprise fund in accordance with the statute creating the restricted account or enterprise fund, and the department may not deposit the money into the Insurance Department Restricted Account.     (d) Subject to appropriation by the Legislature, the department may expend money in the Insurance Department Restricted Account to fund the operations of the department.     (e) At the end of each fiscal year, the director of the Division of Finance shall transfer into the General Fund any money deposited into the Insurance Department Restricted Account under Subsection (4)(b) that exceeds the legislative appropriations from the Insurance Department Restricted Account for that year.      Amended by Chapter 284, 2011 General Session
UT Code § 31A-3-104 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 3 - Department Funding, Fees, and Taxes|Part 1 - Funding the Insurance Department|Section 104 - Technology fees -- Restricted account.

31A-3-104. Technology fees -- Restricted account.    (1) The commissioner may impose a fee for requests for information:   (a) that is obtained from an electronic database of the commissioner; or     (b) derived from data that is generated by electronic means.       (2) In addition to any fee authorized in this title, the commissioner shall impose a supplemental fee on the issuance or renewal of any of the following issued by the department:   (a) a license;     (b) a registration; or     (c) a certificate of authority.       (3) A fee imposed under this section shall be:   (a) established in accordance with Section 31A-3-103; and     (b) deposited into the Technology Development Restricted Account.       (4)   (a) There is created in the General Fund a restricted account known as the "Technology Development Restricted Account."     (b) The Technology Development Restricted Account shall consist of the fees imposed by the commissioner in accordance with this section.     (c) The commissioner shall administer the Technology Development Restricted Account. Subject to appropriations by the Legislature, the commissioner shall use the money deposited into the Technology Development Restricted Account to provide services through use of electronic commerce or other similar technology.     (d) An appropriation from the Technology Development Restricted Account is nonlapsing.      Amended by Chapter 10, 2010 General SessionAmended by Chapter 265, 2010 General Session, (Coordination Clause)
UT Code § 31A-3-105 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 3 - Department Funding, Fees, and Taxes|Part 1 - Funding the Insurance Department|Section 105 - Criminal Background Check Restricted Account.

31A-3-105. Criminal Background Check Restricted Account.    (1) There is created in the General Fund a restricted account known as the "Criminal Background Check Restricted Account."     (2) The Criminal Background Check Restricted Account shall consist of the fees imposed by the commissioner in accordance with:   (a) Subsection 31A-16-103(3);     (b) Subsection 31A-23a-105(3);     (c) Subsection 31A-25-203(3); and     (d) Subsection 31A-26-203(3).       (3) The commissioner shall administer the Criminal Background Check Restricted Account. Subject to appropriations by the Legislature, the commissioner shall use the money deposited into the Criminal Background Check Restricted Account to pay the costs the department is required to pay related to obtaining criminal background information in accordance with the provisions listed in Subsection (2)(a).     (4) An appropriation from the Criminal Background Check Restricted Account is nonlapsing.    Enacted by Chapter 10, 2010 General SessionAmended by Chapter 265, 2010 General Session, (Coordination Clause)
UT Code § 31A-3-205 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 3 - Department Funding, Fees, and Taxes|Part 1 - Funding the Insurance Department|Section 205 - Taxation of insurance companies.

 Effective 5/9/2017  31A-3-205. Taxation of insurance companies.    (1) An admitted insurer shall pay to the State Tax Commission taxes imposed on the admitted insurer by Title 59, Revenue and Taxation.     (2) A surplus lines insurer shall pay the taxes due under Section 31A-3-301 or 31A-3-302 in accordance with Section 31A-3-303.    Amended by Chapter 168, 2017 General Session
UT Code § 31A-3-301 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 3 - Department Funding, Fees, and Taxes|Part 3 - Taxation of Surplus Lines, Illegal Transactions, and Captive Insurance Companies|Section 301 - Tax imposed on surplus lines insurance transactions.

31A-3-301. Tax imposed on surplus lines insurance transactions.    (1)   (a) An insurance transaction under Section 31A-15-103 is subject to a tax of 4-1/4% of gross premiums, less 4-1/4% of return premiums paid to insureds by reason of policy cancellations or premium reductions.     (b) "Gross premium," for a surplus lines insurance transaction, means the monetary consideration for an insurance policy including the fees charged to the insured, however designated.       (2) The tax imposed by this section does not apply to:   (a) ocean marine insurance;     (b) insurance premiums paid by institutions within the state system of higher education as specified in Section 53B-1-102; or     (c) annuities.       (3) The department shall deposit a tax imposed by this section in the General Fund.     (4)   (a) A county, city, or municipality within the state may not impose an occupation tax or other tax or fee on a surplus lines insurance transaction.     (b) Notwithstanding Subsection (4)(a), an insurer, producer, or policyholder may be subject to other taxes not described in Subsection (4)(a).      Amended by Chapter 275, 2011 General Session