reglab/statecodes huggingface dataset:
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 2 - Duties and Powers of Commissioner › Section 201 - General duties and powers.

Effective 5/8/2018
31A-2-201.
General duties and powers.
(1) The commissioner shall administer and enforce this title.
(2) The commissioner has all powers specifically granted, and all further powers that are reasonable and necessary to enable the commissioner to perform the duties imposed by this title.
(3)
(a) The commissioner may make rules to implement the provisions of this title according to the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(b) In addition to the notice requirements of Section 63G-3-301, the commissioner shall provide notice under Section 31A-2-303 of hearings concerning insurance department rules.
(4)
(a) The commissioner shall issue prohibitory, mandatory, and other orders as necessary to secure compliance with this title. An order by the commissioner is not effective unless the order:
(i) is in writing; and
(ii) is signed by the commissioner or under the commissioner's authority.
(b) On request of any person who would be affected by an order under Subsection (4)(a), the commissioner may issue a declaratory order to clarify the person's rights or duties.
(5)
(a) The commissioner may hold informal adjudicative proceedings and public meetings, for the purpose of:
(i) investigation;
(ii) ascertainment of public sentiment; or
(iii) informing the public.
(b) An effective rule or order may not result from informal hearings and meetings unless the requirement of a hearing under this section is satisfied.
(6) The commissioner shall inquire into violations of this title and may conduct any examinations and investigations of insurance matters, in addition to examinations and investigations expressly authorized, that the commissioner considers proper to determine:
(a) whether or not any person has violated any provision of this title; or
(b) to secure information useful in the lawful administration of this title.
(7) The commissioner shall ensure that any training or certification required of a public official or public employee, as those terms are defined in Section 63G-22-102, complies with Title 63G, Chapter 22, State Training and Certification Requirements, if the training or certification is required:
(a) under this title;
(b) by the department; or
(c) by an agency or division within the department.
Amended by Chapter 200, 2018 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 2 - Duties and Powers of Commissioner › Section 201.1 - General filing requirements.

Effective 5/8/2018
31A-2-201.1.
General filing requirements.
Except as otherwise provided in this title, the commissioner may set by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, specific requirements for filing any of the following required by this title:
(1) a form;
(2) a rate;
(3) a report; or
(4) a binder for a health benefit plan or dental policy.
Amended by Chapter 319, 2018 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 2 - Duties and Powers of Commissioner › Section 201.2 - Evaluation of health insurance market.

Effective 1/1/2020
31A-2-201.2.
Evaluation of health insurance market.
(1) Each year the commissioner shall:
(a) conduct an evaluation of the state's health insurance market;
(b) report the findings of the evaluation to the Health and Human Services Interim Committee before December 1 of each year; and
(c) publish the findings of the evaluation on the department website.
(2) The evaluation required by this section shall:
(a) analyze the effectiveness of the insurance regulations and statutes in promoting a healthy, competitive health insurance market that meets the needs of the state, and includes an analysis of:
(i) the availability and marketing of individual and group products;
(ii) rate changes;
(iii) coverage and demographic changes;
(iv) benefit trends;
(v) market share changes; and
(vi) accessibility;
(b) assess complaint ratios and trends within the health insurance market, which assessment shall include complaint data from the Office of Consumer Health Assistance within the department;
(c) contain recommendations for action to improve the overall effectiveness of the health insurance market, administrative rules, and statutes;
(d) include claims loss ratio data for each health insurance company doing business in the state;
(e) include information about pharmacy benefit managers collected under Section 31A-46-301; and
(f) include information, for each health insurance company doing business in the state, regarding:
(i) preauthorization determinations; and
(ii) adverse benefit determinations.
(3) When preparing the evaluation and report required by this section, the commissioner may seek the input of insurers, employers, insured persons, providers, and others with an interest in the health insurance market.
(4) The commissioner may adopt administrative rules for the purpose of collecting the data required by this section, taking into account the business confidentiality of the insurers.
(5) Records submitted to the commissioner under this section shall be maintained by the commissioner as protected records under Title 63G, Chapter 2, Government Records Access and Management Act.
Amended by Chapter 241, 2019 General Session
Amended by Chapter 439, 2019 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 2 - Duties and Powers of Commissioner › Section 202 - Reports and replies.

31A-2-202.
Reports and replies.
(1) When relevant, either directly or indirectly, to the performance of the commissioner's duties under this title, the commissioner may require from any person subject to regulation under this title:
(a) in whatever reasonable form and reasonable intervals the commissioner designates:
(i) a statement;
(ii) a report;
(iii) an answer to a questionnaire;
(iv) other information; and
(v) evidence of the information described in Subsections (1)(a)(i) through (iv);
(b) full explanation of the programming of any data storage or communication system in use;
(c) information from books, records, electronic data processing systems, computers, or any other information storage system be made available to the department:
(i) at any reasonable time; and
(ii) in any reasonable manner; and
(d) timely delivery to the National Association of Insurance Commissioners or other entity that gathers insurance industry information, a copy of the statistical data prepared for and submitted to the department, as specified by the commissioner.
(2)
(a) Subject to the requirements of this Subsection (2), the commissioner may:
(i) prescribe forms for the information under Subsection (1); and
(ii) specify who shall execute or certify the information under Subsection (1).
(b) The forms prescribed under this Subsection (2) shall be consistent, to the extent practicable, with those prescribed by other jurisdictions.
(c) The commissioner shall use the annual statement forms developed by the National Association of Insurance Commissioners for:
(i) basic financial data; and
(ii) market regulation analysis.
(3)
(a) Subject to the requirements of this Subsection (3), the commissioner may prescribe reasonable minimum standards and techniques of accounting and data handling to ensure that timely and reliable information exists and can be made available.
(b) The standards and techniques prescribed under this Subsection (3) shall be consistent, to the extent practicable, with those prescribed by other states.
(4)
(a) A person listed in Subsection (4)(b) shall reply promptly in writing or in other designated form to a reasonable written inquiry from the commissioner.
(b) This Subsection (4) applies to any person with executive authority over or in charge of any segment of the affairs of:
(i) an insurer authorized to do or doing an insurance business in this state;
(ii) the affiliate of an insurer authorized to do or doing an insurance business in this state; and
(iii) any other person licensed under this title.
(5) The commissioner may:
(a) require that any communication made under this section be verified; and
(b) specify by whom a communication shall be verified.
(6) All information submitted to the commissioner shall be accurate and complete.
(7) In the absence of actual malice, no communication to the commissioner required by law or by the commissioner subjects the person making it to an action for damages for defamation.
Amended by Chapter 177, 2006 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 2 - Duties and Powers of Commissioner › Section 203.5 - Procedures -- Adjudicative proceedings.

31A-2-203.5.
Procedures -- Adjudicative proceedings.
The commissioner of insurance shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in its adjudicative proceedings.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 2 - Duties and Powers of Commissioner › Section 207 - Commissioner's records and reports -- Protection from disclosure of certain records.

Effective 5/14/2019
31A-2-207.
Commissioner's records and reports -- Protection from disclosure of certain records.
(1) The commissioner shall maintain all department records that are:
(a) required by law;
(b) necessary for the effective operation of the department; or
(c) necessary to maintain a full record of department activities.
(2) The records of the department may be preserved, managed, stored, and made available for review consistent with:
(a) another Utah statute;
(b) the rules made under Section 63A-12-104;
(c) the decisions of the Records Management Committee made under Section 63A-12-113; or
(d) the needs of the public.
(3) A department record may not be destroyed, damaged, or disposed of without:
(a) authorization of the commissioner; and
(b) compliance with all other applicable laws.
(4) The commissioner shall maintain a permanent record of the commissioner's proceedings and important activities, including:
(a) a concise statement of the condition of each insurer examined by the commissioner; and
(b) a record of all certificates of authority and licenses issued by the commissioner.
(5)
(a) Prior to October 1 of each year, the commissioner shall prepare an annual report to the governor which shall include, for the preceding calendar year, the information concerning the department and the insurance industry which the commissioner believes will be useful to the governor and the public.
(b) The report required by this Subsection (5) shall include the information required under Chapter 27a, Insurer Receivership Act, and Subsections 31A-2-106(2), 31A-2-205(3), and 31A-2-208(3).
(c) The commissioner shall make the report required by this Subsection (5) available to the public and industry in electronic format.
(6) All department records and reports are open to public inspection unless specifically provided otherwise by statute or by Title 63G, Chapter 2, Government Records Access and Management Act.
(7) On request, the commissioner shall provide to any person certified or uncertified copies of any record in the department that is open to public inspection.
(8) Notwithstanding Subsection (6) and Title 63G, Chapter 2, Government Records Access and Management Act, the commissioner shall protect from disclosure any record, as defined in Section 63G-2-103, or other document received from an insurance regulator of another jurisdiction:
(a) at least to the same extent the record or document is protected from disclosure under the laws applicable to the insurance regulator providing the record or document; or
(b) under the same terms and conditions of confidentiality as the National Association of Insurance Commissioners requires as a condition of participating in any of the National Association of Insurance Commissioners' programs.
Amended by Chapter 254, 2019 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 2 - Duties and Powers of Commissioner › Section 208 - Publications.

31A-2-208.
Publications.
(1) The commissioner may prepare and distribute books, pamphlets, and other publications relating to insurance. Except as otherwise provided under this title, the commissioner may charge the cost of producing a publication to those desiring to receive the publication. Money collected from subscription fees charged for a publication shall be deposited into the Relative Value Study Restricted Account, created in Section 59-9-105, to be used as provided in Section 59-9-105.
(2) The commissioner shall have the annual report required in Subsection 31A-2-207(5) printed:
(a) in a form determined by the commissioner; and
(b) in sufficient numbers to meet requests for copies.
(3) The commissioner shall publish in the annual report required in Subsection 31A-2-207(5) an up-to-date chart and explanation of the organization of the commissioner's office, making clear the allocation of responsibility and authority among the staff. This up-to-date chart and explanation shall be printed in sufficient numbers to meet requests for copies.
Amended by Chapter 284, 2011 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 2 - Duties and Powers of Commissioner › Section 208.5 - Comparison tables.

Effective 5/10/2016
31A-2-208.5.
Comparison tables.
(1)
(a) The commissioner shall annually publish a table comparing the rates charged by insurers for private passenger motor vehicle and homeowners insurance in this state.
(b) The comparison shall list the top 20 insurers writing the greatest volume by premium dollar per calendar year and others requesting inclusion in the comparison.
(c) The commissioner shall develop at least four hypothetical examples of risk in preparing the comparison.
(2) In conjunction with the rate comparison described in Subsection (1), the commissioner shall publish:
(a) a table listing, for each insurer compared, the ratio of confirmed complaints received by the department to the premium dollar amount written by the insurer; and
(b) a table listing for each insurer the combined loss and expense ratio for the most current year available.
(3) The department shall make copies of the tables available to the public at minimal or no cost.
Amended by Chapter 138, 2016 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 2 - Duties and Powers of Commissioner › Section 209 - Access to state records.

31A-2-209.
Access to state records.
Subject to Title 63G, Chapter 2, Government Records Access and Management Act, the commissioner shall have access to the records of any agency of the state government or of any political subdivision of the state which the commissioner may consult in discharging the commissioner's duties.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 2 - Duties and Powers of Commissioner › Section 210 - Participation in organizations.

Effective 5/4/2022
31A-2-210.
Participation in organizations.
(1) The commissioner and the Insurance Department shall maintain close relations with the commissioners of other states and shall participate in the activities and affairs of the NAIC and other organizations to the extent, in the commissioner's judgment, these activities will promote the purposes of the Insurance Code. The actual and necessary expenses incurred by this participation shall be paid out of the Insurance Department appropriation. The commissioner may not make any commitments that are not terminable on reasonable notice by the commissioner.
(2) The commissioner shall participate in or provide support for participation in a professional organization that represents states or legislatures for the purpose of preserving state jurisdiction over the business of insurance.
Amended by Chapter 198, 2022 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 2 - Duties and Powers of Commissioner › Section 211 - Rules and forms during transition period.

31A-2-211.
Rules and forms during transition period.
(1) The commissioner's rules adopted under former Title 31 are rescinded unless continued under Subsection (3).
(2) Between May 1, 1985, and July 1, 1986, the commissioner may prepare and adopt rules to implement or supplement provisions under Title 31A, Insurance Code. These rules are effective on July 1, 1986, or on the effective date of the particular provision, if that is later than July 1, 1986.
(3) The commissioner may issue orders declaring that all or part of a rule in effect under former Title 31 remains in effect until a date specified under the order, which date may not be later than June 30, 1989. No rule continued under this subsection may be inconsistent with other provisions under Title 31A, Insurance Code. Notice of the order shall be given under Section 31A-2-303.
(4) Every form used, issued, or required by the Insurance Department and approved by the commissioner or otherwise legitimately in use immediately prior to the effective date of this title may continue to be used until replaced in accordance with the provisions of this title.
Amended by Chapter 161, 1987 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 2 - Duties and Powers of Commissioner › Section 213 - Immunity.

31A-2-213.
Immunity.
(1)
(a) In the absence of actual malice, a person listed in Subsection (1)(b) is not subject to any civil liability for any cause of action arising out of any communication, written or oral, made to:
(i) a law enforcement agency;
(ii) a governmental authority; or
(iii) the National Association of Insurance Commissioners.
(b) This section applies to:
(i) the commissioner;
(ii) an authorized representative of the commissioner;
(iii) an examiner appointed by the commissioner; or
(iv) any employee of the department.
(2) This section is not intended to abrogate or modify in any way any common-law or statutory privilege or immunity enjoyed by any person.
Amended by Chapter 320, 2006 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 2 - Duties and Powers of Commissioner › Section 215 - Consumer education.

31A-2-215.
Consumer education.
(1) In furtherance of the purposes in Section 31A-1-102, the commissioner may educate consumers about insurance and provide consumer assistance.
(2) Consumer education may include:
(a) outreach activities; and
(b) the production or collection and dissemination of educational materials.
(3)
(a) Consumer assistance may include explaining:
(i) the terms of a policy;
(ii) a policy's complaint, grievance, or adverse benefit determination procedure; and
(iii) the fundamentals of self-advocacy.
(b) Notwithstanding Subsection (3)(a), consumer assistance may not include testifying or representing a consumer in any grievance or adverse benefit determination, arbitration, judicial, or related proceeding, unless the proceeding is in connection with an enforcement action brought under Section 31A-2-308.
(4) The commissioner may adopt rules necessary to implement the requirements of this section.
Amended by Chapter 308, 2002 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 2 - Duties and Powers of Commissioner › Section 216 - Office of Consumer Health Assistance.

31A-2-216.
Office of Consumer Health Assistance.
(1) The commissioner shall establish:
(a) an Office of Consumer Health Assistance before July 1, 1999; and
(b) a committee to advise the commissioner on consumer assistance rendered under this section.
(2) The office shall:
(a) be a resource for health care consumers concerning health care coverage or the need for such coverage;
(b) help health care consumers understand:
(i) contractual rights and responsibilities;
(ii) statutory protections; and
(iii) available remedies;
(c) educate health care consumers:
(i) by producing or collecting and disseminating educational materials to consumers, health insurers, and health benefit plans; and
(ii) through outreach and other educational activities;
(d) for health care consumers that have difficulty in accessing their health insurance policies because of language, disability, age, or ethnicity, provide services, directly or through referral, such as:
(i) information and referral; and
(ii) adverse benefit determination process initiation;
(e) analyze and monitor federal and state consumer health-related statutes, rules, and regulations; and
(f) summarize information gathered under this section and make the summaries available to the public, government agencies, and the Legislature.
(3) The office may:
(a) obtain data from health care consumers as necessary to further the office's duties under this section;
(b) investigate complaints and attempt to resolve complaints at the lowest possible level; and
(c) assist, but not testify or represent, a consumer in an adverse benefit determination, arbitration, judicial, or related proceeding, unless the proceeding is in connection with an enforcement action brought under Section 31A-2-308.
(4) The commissioner may adopt rules necessary to implement the requirements of this section.
Amended by Chapter 308, 2002 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 2 - Duties and Powers of Commissioner › Section 217 - Coordination with other states.

Affected by 63I-1-231 on 7/1/2033
31A-2-217.
Coordination with other states.
(1)
(a) Subject to Subsection (1)(b), the commissioner, by rule, may adopt one or more agreements with a state governmental regulatory agency, within and outside of this state, or with the National Association of Insurance Commissioners to address state regulatory issues limited to:
(i) licensing of insurance companies;
(ii) licensing of agents;
(iii) regulation of premium rates and policy forms; and
(iv) regulation of insurer insolvency and insurance receiverships.
(b) An agreement described in Subsection (1)(a), may authorize the commissioner to modify a requirement of this title if the commissioner determines that the requirements under the agreement provide protections similar to or greater than the requirements under this title.
(2)
(a) The commissioner may negotiate an interstate compact that addresses issuing certificates of authority, if the commissioner determines that:
(i) each state participating in the compact has requirements for issuing certificates of authority that provide protections similar to or greater than the requirements of this title; or
(ii) the interstate compact contains requirements for issuing certificates of authority that provide protections similar to or greater than the requirements of this title.
(b) If an interstate compact described in Subsection (2)(a) is adopted by the Legislature, the commissioner may issue certificates of authority to insurers in accordance with the terms of the interstate compact.
(3) If any provision of this title conflicts with a provision of the annual statement instructions or the National Association of Insurance Commissioners Accounting Practices and Procedures Manual, the commissioner may, by rule, resolve the conflict in favor of the annual statement instructions or the National Association of Insurance Commissioners Accounting Practices and Procedures Manual.
(4) The commissioner may, by rule, accept the information prescribed by the National Association of Insurance Commissioners instead of the documents required to be filed with an application for a certificate of authority under:
(a) Section 31A-4-103, 31A-5-204, 31A-8-205, or 31A-14-201; or
(b) rules made by the commissioner.
(5) This section shall be repealed in accordance with Section 63I-1-231.
Amended by Chapter 43, 2013 General Session
Amended by Chapter 319, 2013 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 2 - Duties and Powers of Commissioner › Section 218 - Strategic plan for health system reform.

Effective 5/12/2020
31A-2-218.
Strategic plan for health system reform.
The commissioner and the department shall:
(1) facilitate a private sector method for the collection of health insurance premium payments made for a single policy by multiple payers, including the policyholder, one or more employers of one or more individuals covered by the policy, government programs, and others by educating employers and insurers about collection services available through private vendors, including financial institutions;
(2) encourage health insurers to develop products that:
(a) encourage health care providers to follow best practice protocols;
(b) incorporate other health care quality improvement mechanisms; and
(c) incorporate rewards and incentives for healthy lifestyles and behaviors as permitted by the Health Insurance Portability and Accountability Act;
(3) involve the Office of Consumer Health Assistance created in Section 31A-2-216, as necessary, to accomplish the requirements of this section; and
(4) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules, as necessary, to implement Subsections (1) and (2).
Amended by Chapter 32, 2020 General Session
Amended by Chapter 354, 2020 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 3 - Procedures and Enforcement › Section 301 - Special hearing officers -- Witness and mileage fees.

31A-2-301.
Special hearing officers -- Witness and mileage fees.
(1) If the commissioner considers it necessary because of the technicality or complexity of the subject, the commissioner may appoint a special hearing officer from outside the department staff and may contract for a reasonable professional fee for the services.
(2)
(a) In hearings before the commissioner, witness fees and reimbursement for mileage traveled, if claimed, shall be allowed at the same rate as in district courts.
(b) Witness fees and reimbursement for mileage, together with the actual expense necessarily incurred in securing attendance of witnesses and their testimony, and the hearing officer's fee and reasonable actual expenses, shall be paid by the Insurance Department.
(c) The commissioner shall be reimbursed for these costs as provided in Section 31A-2-205 if:
(i) the hearing is incident to an examination for which costs are payable under Section 31A-2-205; or
(ii) the commissioner orders the persons involved in the hearing to reimburse the department for hearing costs, which the commissioner may do if the commissioner had reasonable cause to believe that the order which issued or might have issued was necessary.
(3) Whenever the commissioner is reimbursed for costs under this section, the expenditures may not be charged against the department budget.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 3 - Procedures and Enforcement › Section 302 - Commissioner's disapproval.

31A-2-302.
Commissioner's disapproval.
(1) When the law requires the commissioner's approval for a certain action without a deemer clause, that approval shall be express. The commissioner's disapproval of an action is assumed if the commissioner does not act within 60 days after receiving the application for approval or give notice of the commissioner's reasonable extension of that time period with the commissioner's reasons for the extension. Assumed disapproval under this subsection entitles the aggrieved person to request agency action under Section 63G-4-201.
(2) When the law provides that a certain action is not effective if disapproved by the commissioner within a certain period, the affirmative approval by the commissioner may make the action effective at a designated earlier date, but not earlier than the date of the commissioner's affirmative approval.
(3) Subsections (1) and (2) do not apply to the extent that the law specifically provides otherwise.
Amended by Chapter 297, 2011 General Session
2023 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
2023 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
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 3 - Procedures and Enforcement › Section 305 - Immunity from prosecution.

Superseded 7/1/2024
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
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 3 - Procedures and Enforcement › Section 305 - Immunity from prosecution.

Effective 7/1/2024
31A-2-305.
Immunity from prosecution.
(1)
(a) 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 petition a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, for an order to the person to attend, testify, or produce records or documents as requested by the commissioner.
(b) 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 the person in a proceeding to revoke or suspend the person's 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 401, 2023 General Session
2023 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
2023 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
2023 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
2023 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
2023 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.

Effective 5/3/2023
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) the following are delivered personally or to the office of the official designated in Section 31A-2-309:
(i) two copies of the process to be served; and
(ii) a certificate of proof of service that meets the requirements of Subsection (3), dated and signed by 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 194, 2023 General Session
2023 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
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 4 - Title and Escrow Commission Act › Section 405 - Dual licensing.

31A-2-405.
Dual licensing.
(1) A dual licensed title licensee may provide a title insurance product or service under this title only if before providing that title insurance product or service the dual licensed title licensee obtains approval as provided in this section.
(2)
(a) Except as provided in Subsection (3), a dual licensed title licensee shall obtain approval from the commissioner by filing under penalty of perjury with the department:
(i) a statement that includes:
(A) a description of the title insurance product or service to be provided;
(B) the names of the principals anticipated to be involved in the provision or receipt of the title insurance product or service;
(C) a legal description of the property to be involved in the provision or receipt of the title insurance product or service;
(D) whether or not the dual licensed title licensee received any consideration from a person described in Subsection (2)(a)(i)(B) within 18 months prior to the day on which the dual licensed title licensee files the statement; and
(E) any other information the commission requires by rule made in accordance with this section and Section 31A-2-404; and
(ii) the fee applicable under Section 31A-3-103.
(b) The commissioner shall approve the provision of a title insurance product or service under this section if the commissioner finds that the dual licensed title licensee:
(i) completed the filing required by Subsection (2)(a);
(ii) is acting in good faith; and
(iii) has not received consideration from a person described in Subsection (2)(a)(i)(B) within the 18-month period described in Subsection (2)(a)(i)(D).
(c) If the commissioner does not deny approval under this section, the commissioner is considered to have approved the provision of the title insurance product or service the earlier of:
(i) the day on which the commissioner issues the commissioner's approval in writing; or
(ii) 15 days after the day on which the dual licensed title licensee completes the filing under Subsection (2)(a).
(3) Notwithstanding Subsection (2), a dual licensed title licensee may obtain approval from the chair of the commission if:
(a) the dual licensed title licensee completes the filing under Subsection (2)(a);
(b) the dual licensed title licensee establishes a need for expedited approval; and
(c) the chair of the commission issues approval in writing after making the findings described in Subsection (2)(b).
(4) The commissioner shall revoke the license under this title of a dual licensed title licensee if the dual licensed title licensee:
(a) provides a title insurance product or service without the approval required by this section; or
(b) knowingly provides false or misleading information in the statement required by Subsection (2).
(5) The commission may make rules, subject to Section 31A-2-404, to implement the filing requirements under Subsection (2), including the definition of terms.
Enacted by Chapter 325, 2007 General Session
2023 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