reglab/statecodes huggingface dataset:
2023 Utah Code › Title 30 - Husband and Wife › Chapter 3 - Divorce › Section 32 - Parent-time -- Definitions -- Considerations for parent-time -- Relocation.

Effective 5/4/2022
30-3-32.
Parent-time -- Definitions -- Considerations for parent-time -- Relocation.
(1) As used in Sections 30-3-32 through 30-3-37:
(a) "Child" means the child of divorcing, separating, or adjudicated parents.
(b) "Supervised parent-time" means parent-time that requires the noncustodial parent to be accompanied during parent-time by an individual approved by the court.
(c) "Surrogate care" means care by any individual other than the parent of the child.
(d) "Uninterrupted time" means parent-time exercised by one parent without interruption at any time by the presence of the other parent.
(e) "Virtual parent-time" means parent-time facilitated by tools such as telephone, email, instant messaging, video conferencing, and other wired or wireless technologies over the Internet or other communication media, to supplement in-person visits between a noncustodial parent and a child or between a child and the custodial parent when the child is staying with the noncustodial parent.
(2)
(a) A court shall consider as primary the safety and well-being of the child and the parent who experiences domestic or family violence.
(b) Absent a showing by a preponderance of evidence of real harm or substantiated potential harm to the child:
(i) it is in the best interests of the child of divorcing, divorced, or adjudicated parents to have frequent, meaningful, and continuing access to each parent following separation or divorce;
(ii) each divorcing, separating, or adjudicated parent is entitled to and responsible for frequent, meaningful, and continuing access with the parent's child consistent with the child's best interests; and
(iii) it is in the best interests of the child to have both parents actively involved in parenting the child.
(3) An order issued by a court pursuant to Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders, shall be considered evidence of real harm or substantiated potential harm to the child.
(4) If a parent relocates because of an act of domestic violence or family violence by the other parent, the court shall make specific findings and orders with regards to the application of Section 30-3-37.
Amended by Chapter 471, 2022 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 3 - Divorce › Section 34 - Parent-time -- Best interests -- Rebuttable presumption.

Effective 5/5/2021
30-3-34.
Parent-time -- Best interests -- Rebuttable presumption.
(1) If the parties are unable to agree on a parent-time schedule, the court may:
(a) establish a parent-time schedule; or
(b) order a parent-time schedule described in Section 30-3-35, 30-3-35.1, 30-3-35.2, or 30-3-35.5.
(2) The advisory guidelines as provided in Section 30-3-33 and the parent-time schedule as provided in Sections 30-3-35 and 30-3-35.5 shall be considered the minimum parent-time to which the noncustodial parent and the child shall be entitled.
(3) A court may consider the following when ordering a parent-time schedule:
(a) whether parent-time would endanger the child's physical health or mental health, or significantly impair the child's emotional development;
(b) evidence of domestic violence, neglect, physical abuse, sexual abuse, or emotional abuse, involving the child, a parent, or a household member of the parent;
(c) the distance between the residency of the child and the noncustodial parent;
(d) a credible allegation of child abuse has been made;
(e) the lack of demonstrated parenting skills without safeguards to ensure the child's well-being during parent-time;
(f) the financial inability of the noncustodial parent to provide adequate food and shelter for the child during periods of parent-time;
(g) the preference of the child if the court determines the child is of sufficient maturity;
(h) the incarceration of the noncustodial parent in a county jail, secure youth corrections facility, or an adult corrections facility;
(i) shared interests between the child and the noncustodial parent;
(j) the involvement or lack of involvement of the noncustodial parent in the school, community, religious, or other related activities of the child;
(k) the availability of the noncustodial parent to care for the child when the custodial parent is unavailable to do so because of work or other circumstances;
(l) a substantial and chronic pattern of missing, canceling, or denying regularly scheduled parent-time;
(m) the minimal duration of and lack of significant bonding in the parents' relationship before the conception of the child;
(n) the parent-time schedule of siblings;
(o) the lack of reasonable alternatives to the needs of a nursing child; and
(p) any other criteria the court determines relevant to the best interests of the child.
(4) The court shall enter the reasons underlying the court's order for parent-time that:
(a) incorporates a parent-time schedule provided in Section 30-3-35 or 30-3-35.5; or
(b) provides more or less parent-time than a parent-time schedule provided in Section 30-3-35 or 30-3-35.5.
(5) A court may not order a parent-time schedule unless the court determines by a preponderance of the evidence that the parent-time schedule is in the best interest of the child.
(6) Once the parent-time schedule has been established, the parties may not alter the schedule except by mutual consent of the parties or a court order.
Amended by Chapter 399, 2021 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 3 - Divorce › Section 34.5 - Supervised parent-time.

Effective 5/4/2022
30-3-34.5.
Supervised parent-time.
(1) Considering the fundamental liberty interests of parents and children, it is the policy of this state that divorcing parents have unrestricted and unsupervised access to their children. When necessary to protect a child and no less restrictive means is reasonably available however, a court may order supervised parent-time if the court finds evidence that the child would be subject to physical or emotional harm or child abuse, as described in Sections 76-5-109, 76-5-109.2, 76-5-109.3, and 76-5-114, from the noncustodial parent if left unsupervised with the noncustodial parent.
(2) A court that orders supervised parent-time shall give preference to persons suggested by the parties to supervise, including relatives. If the court finds that the persons suggested by the parties are willing to supervise, and are capable of protecting the children from physical or emotional harm, or child abuse, the court shall authorize the persons to supervise parent-time.
(3) If the court is unable to authorize any persons to supervise parent-time pursuant to Subsection (2), the court may require that the noncustodial parent seek the services of a professional individual or agency to exercise their supervised parent-time.
(4) At the time supervised parent-time is imposed, the court shall consider:
(a) whether the cost of professional or agency services is likely to prevent the noncustodial parent from exercising parent-time; and
(b) whether the requirement for supervised parent-time should expire after a set period of time.
(5) The court shall, in its order for supervised parent-time, provide specific goals and expectations for the noncustodial parent to accomplish before unsupervised parent-time may be granted. The court shall schedule one or more follow-up hearings to revisit the issue of supervised parent-time.
(6) A noncustodial parent may, at any time, petition the court to modify the order for supervised parent-time if the noncustodial parent can demonstrate that the specific goals and expectations set by the court in Subsection (5) have been accomplished.
Amended by Chapter 430, 2022 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 3 - Divorce › Section 36 - Special circumstances.

30-3-36.
Special circumstances.
(1) When parent-time has not taken place for an extended period of time and the child lacks an appropriate bond with the noncustodial parent, both parents shall consider the possible adverse effects upon the child and gradually reintroduce an appropriate parent-time plan for the noncustodial parent.
(2) For emergency purposes, whenever the child travels with either parent, all of the following will be provided to the other parent:
(a) an itinerary of travel dates;
(b) destinations;
(c) places where the child or traveling parent can be reached; and
(d) the name and telephone number of an available third person who would be knowledgeable of the child's location.
(3) Unchaperoned travel of a child under the age of five years is not recommended.
Amended by Chapter 255, 2001 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 3 - Divorce › Section 39 - Mediation program.

30-3-39.
Mediation program.
(1) There is established a mandatory domestic mediation program to help reduce the time and tensions associated with obtaining a divorce.
(2) If, after the filing of an answer to a complaint of divorce, there are any remaining contested issues, the parties shall participate in good faith in at least one session of mediation. This requirement does not preclude the entry of pretrial orders before mediation takes place.
(3) The parties shall use a mediator qualified to mediate domestic disputes under criteria established by the Judicial Council in accordance with Section 78B-6-205.
(4) Unless otherwise ordered by the court or the parties agree upon a different payment arrangement, the cost of mediation shall be divided equally between the parties.
(5) The director of dispute resolution programs for the courts, the court, or the mediator may excuse either party from the requirement to mediate for good cause.
(6) Mediation shall be conducted in accordance with the Utah Rules of Court-Annexed Alternative Dispute Resolution.
Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 4 - Separate Maintenance › Section 1 - Action by spouse -- Grounds.

30-4-1.
Action by spouse -- Grounds.
Whenever a resident of this state:
(1) deserts a spouse without good and sufficient cause;
(2) being of sufficient ability to provide support, neglects or refuses to properly provide for and suitably maintain that spouse;
(3) having property within this state and the spouse being a resident of this state, so deserts or neglects or refuses to provide such support; or
(4) where a married person without that person's fault lives separate and apart from that spouse, the district court shall, on the filing of a complaint, allot, assign, set apart and decree as alimony the use of the real and personal estate or earnings of the deserting spouse as the court may determine appropriate. During the pendency of the action, the court may require the deserting spouse to pay a sum as provided in Section 30-3-3.
Amended by Chapter 137, 1993 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 4 - Separate Maintenance › Section 2 - Procedure -- Venue.

30-4-2.
Procedure -- Venue.
In all actions brought hereunder the proceedings and practice shall be the same as near as may be as in actions for divorce; but the action may be brought in any county where the wife or the husband may be found.
Amended by Chapter 122, 1977 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 4 - Separate Maintenance › Section 3 - Custody and maintenance of children -- Property and debt division -- Support payments.

30-4-3.
Custody and maintenance of children -- Property and debt division -- Support payments.
(1) In all actions brought under this chapter the court may by order or decree:
(a) provide for the care, custody, and maintenance of the minor children of the parties and may determine with which of the parties the children or any of them shall remain;
(b)
(i) provide for support of either spouse and the support of the minor children remaining with that spouse;
(ii) provide how and when support payments shall be made; and
(iii) provide that either spouse have a lien upon the property of the other to secure payment of the support or maintenance obligation;
(c) award to either spouse the possession of any real or personal property of the other spouse or acquired by the spouses during the marriage; or
(d) pursuant to Section 15-4-6.5:
(i) specify which party is responsible for the payment of joint debts, obligations, or liabilities contracted or incurred by the parties during the marriage;
(ii) require the parties to notify respective creditors or obligees regarding the court's division of debts, obligations, and liabilities and regarding the parties' separate, current addresses; and
(iii) provide for the enforcement of these orders.
(2) The orders and decrees under this section may be enforced by sale of any property of the spouse or by contempt proceedings or otherwise as may be necessary.
(3) The court may change the support or maintenance of a party from time to time according to circumstances, and may terminate altogether any obligation upon satisfactory proof of voluntary and permanent reconciliation. An order or decree of support or maintenance shall in every case be valid only during the joint lives of the husband and wife.
Amended by Chapter 257, 1991 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 4 - Separate Maintenance › Section 4 - Restraining disposal of property.

30-4-4.
Restraining disposal of property.
At the time of filing the complaint mentioned in Section 30-4-1, or at any time subsequent thereto, the plaintiff may procure from the court, and file with the county recorder of any county in the state in which the defendant may own real estate, an order enjoining and restraining the defendant from disposing of or encumbering the same or any portion thereof, describing such real estate with reasonable certainty, and from the time of filing such order the property described therein shall be charged with a lien in favor of the plaintiff to the extent of any judgment which may be rendered in the action.
No Change Since 1953
2023 Utah Code › Title 30 - Husband and Wife › Chapter 4 - Separate Maintenance › Section 5 - Rights and remedies -- Imprisonment of husband or wife.

30-4-5.
Rights and remedies -- Imprisonment of husband or wife.
Like rights and remedies shall be extended to either husband or wife on the imprisonment of the other in the state prison under a sentence of one year or more when suitable provision has not been made for the support of the one not so imprisoned.
Amended by Chapter 122, 1977 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 4a - Nunc Pro Tunc Orders › Section 1 - Authority of court.

30-4a-1.
Authority of court.
A court having jurisdiction may, upon its finding of good cause and giving of such notice as may be ordered, enter an order nunc pro tunc in a matter relating to marriage, divorce, legal separation or annulment of marriage.
Enacted by Chapter 118, 1983 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 5 - Grandparents › Section 1 - Definitions.

Effective 5/12/2020
30-5-1.
Definitions.
As used in this act:
(1) "District court" means the district court with proper jurisdiction over the grandchild.
(2) "Grandchild" means the child with respect to whom a grandparent is seeking visitation rights under this chapter.
(3) "Grandparent" means an individual whose child, either by blood, marriage, or adoption, is the parent of the grandchild.
Amended by Chapter 48, 2020 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 5 - Grandparents › Section 2 - Visitation rights of grandparents.

Effective 9/1/2022
30-5-2.
Visitation rights of grandparents.
(1) In accordance with the provisions and requirements of this section:
(a) a grandparent has standing to bring an action requesting visitation in district court by petition; and
(b) a grandparent may file a petition for visitation rights in the juvenile court or district court where a divorce proceeding or other proceeding involving custody and visitation issues is pending.
(2)
(a) In accordance with Section 80-2a-201, it is the public policy of this state that a parent retains the fundamental right and duty to exercise primary control over the care, supervision, upbringing, and education of the parent's children.
(b) A court shall presume that a parent's decision in regard to grandparent visitation is in the best interest of the parent's child.
(3) A court may find the presumption in Subsection (2)(b) rebutted if the grandparent, by clear and convincing evidence, establishes that:
(a) the grandparent has filled the role of custodian or caregiver to the grandchild that:
(i) is in a manner akin to a parent; and
(ii) the loss of the relationship between the grandparent and the grandchild would cause substantial harm to the grandchild; or
(b) both parents are unfit or incompetent in a manner that causes potential harm to the grandchild.
(4)
(a) If the court finds the presumption in Subsection (2)(b) is rebutted, the court may consider whether grandparent visitation is in the best interest of the grandchild.
(b) If the court considers whether grandparent visitation is in the best interest of the child, the court shall take into account the totality of the circumstances, including:
(i) the reasonableness of the parent's decision to deny grandparent visitation;
(ii) the age of the grandchild;
(iii) the death or unavailability of a parent; and
(iv) if the grandchild is 14 years old or older, the grandchild's desires regarding visitation after the court inquires of the grandchild.
(5) If the court finds the presumption in Subsection (2)(b) is rebutted and grandparent visitation is in the best interest of the grandchild, the court may issue an order for grandparent visitation.
(6) The adoption of a grandchild by the grandchild's stepparent does not diminish or alter visitation rights previously ordered under this section.
(7) On the petition of a grandparent or the legal custodian of a grandchild the court may, after a hearing, modify an order regarding grandparent visitation if:
(a) the circumstances of the grandchild, the grandparent, or the custodian have materially and substantially changed since the entry of the order to be modified, or the order has become unworkable or inappropriate under existing circumstances; and
(b) the court determines that a modification is appropriate based upon the factors set forth in Subsections (3) and (4).
(8) A grandparent may petition the court to remedy a parent's wrongful noncompliance with a visitation order.
Amended by Chapter 335, 2022 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 5a - Custody and Visitation for Individuals Other than Parents Act › Part 1 - General Provisions › Section 101 - Title.

Effective 5/12/2020
30-5a-101.
Title.
This chapter is known as the "Custody and Visitation for Individuals Other than Parents Act."
Amended by Chapter 48, 2020 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 5a - Custody and Visitation for Individuals Other than Parents Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/12/2020
30-5a-102.
Definitions.
As used in this chapter:
(1) "Individual other than a parent" means an individual who is not a parent and is related to the child by marriage or blood, including:
(a) siblings;
(b) aunts;
(c) uncles;
(d) grandparents; or
(e) current or former step-parents, or any of the individuals described in Subsections (1)(a) through (d) in a step relationship to the child.
(2) "Parent" means a biological or adoptive parent.
Amended by Chapter 48, 2020 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 5a - Custody and Visitation for Individuals Other than Parents Act › Part 1 - General Provisions › Section 104 - Exceptions.

30-5a-104.
Exceptions.
This chapter may not be used to seek, obtain, maintain or continue custody of, or visitation with, a child who has been relinquished for adoption, or adopted pursuant to an order of a court of competent jurisdiction.
Enacted by Chapter 108, 2009 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 8 - Uniform Premarital Agreement Act › Section 2 - Definitions.

30-8-2.
Definitions.
As used in this chapter:
(1) "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.
(2) "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings.
Enacted by Chapter 105, 1994 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 8 - Uniform Premarital Agreement Act › Section 4 - Content.

30-8-4.
Content.
(1) Parties to a premarital agreement may contract with respect to:
(a) the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
(b) the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
(c) the disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
(d) the modification or elimination of spousal support;
(e) the ownership rights in and disposition of the death benefit from a life insurance policy;
(f) the choice of law governing the construction of the agreement, except that a court of competent jurisdiction may apply the law of the legal domicile of either party, if it is fair and equitable; and
(g) any other matter, including their personal rights and obligations, not in violation of public policy or a statute imposing a criminal penalty.
(2) The right of a child to support, health and medical provider expenses, medical insurance, and child care coverage may not be affected by a premarital agreement.
Enacted by Chapter 105, 1994 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 8 - Uniform Premarital Agreement Act › Section 5 - Effect of marriage -- Amendment -- Revocation.

30-8-5.
Effect of marriage -- Amendment -- Revocation.
(1) A premarital agreement becomes effective upon marriage.
(2) After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation is enforceable without consideration.
Enacted by Chapter 105, 1994 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 8 - Uniform Premarital Agreement Act › Section 6 - Enforcement.

30-8-6.
Enforcement.
(1) A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
(a) that party did not execute the agreement voluntarily; or
(b) the agreement was fraudulent when it was executed and, before execution of the agreement, that party:
(i) was not provided a reasonable disclosure of the property or financial obligations of the other party insofar as was possible;
(ii) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
(iii) did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
(2) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.
(3) An issue of fraud of a premarital agreement shall be decided by the court as a matter of law.
Enacted by Chapter 105, 1994 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 8 - Uniform Premarital Agreement Act › Section 7 - Enforcement -- Void marriage.

30-8-7.
Enforcement -- Void marriage.
If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result.
Enacted by Chapter 105, 1994 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 8 - Uniform Premarital Agreement Act › Section 8 - Limitations of actions.

30-8-8.
Limitations of actions.
Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement.
Enacted by Chapter 105, 1994 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 1 - General Provisions › Part 1 - Purposes, Scope, and Application › Section 102 - Purposes.

31A-1-102.
Purposes.
The purposes of the Insurance Code are to:
(1) ensure the solidity of insurers doing business in Utah;
(2) ensure that policyholders, claimants, and insurers are treated fairly and equitably;
(3) ensure that Utah has an adequate and healthy insurance market, characterized by competitive conditions, the spirit of innovation, and the exercise of initiative;
(4) provide for an insurance department that is expert in the field of insurance and able to enforce the Insurance Code effectively;
(5) encourage cooperation between the Insurance Department and other Utah regulatory bodies, as well as other federal and state governmental entities;
(6) preserve and improve state regulation of insurance;
(7) maintain freedom of contract and enterprise;
(8) encourage self regulation of the insurance industry;
(9) encourage loss prevention as part of the insurance industry;
(10) keep the public informed on insurance matters; and
(11) achieve other purposes stated elsewhere in the Insurance Code.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 1 - General Provisions › Part 1 - Purposes, Scope, and Application › Section 104 - Authorization to do insurance business.

31A-1-104.
Authorization to do insurance business.
A person may not engage in the following without complying with this title:
(1) do an insurance business as defined under Section 31A-1-301;
(2) act as an insurance producer or consultant as defined under Section 31A-1-301; or
(3) engage in insurance adjusting as defined under Section 31A-26-102.
Amended by Chapter 298, 2003 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 1 - General Provisions › Part 1 - Purposes, Scope, and Application › Section 105 - Presumption of jurisdiction.

Effective 12/31/2017
31A-1-105.
Presumption of jurisdiction.
(1) Any insurer that provides coverage of a resident of this state, property located in this state, or a business activity conducted in this state, or that engages in any activity described in Subsections 31A-15-102(2)(a) through (h), is:
(a) doing an insurance business in this state; and
(b) subject to the jurisdiction of the insurance commissioner and the courts of this state under Sections 31A-2-309 and 31A-2-310 to the extent of that coverage or activity.
(2) Any person doing or purporting to do an insurance business in this state as defined in Section 31A-1-301 is subject to the jurisdiction of the insurance commissioner and this title, unless the insurer can establish that the exemptions of Section 31A-1-103 apply.
(3) This section does not limit the jurisdiction of the courts of this state under other applicable law.
Amended by Chapter 363, 2017 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 1 - General Provisions › Part 1 - Purposes, Scope, and Application › Section 106 - Residual unlicensed domestic insurers.

31A-1-106.
Residual unlicensed domestic insurers.
(1) Every person doing an insurance business in Utah not covered under another section of this title, that does not hold a valid certificate of authority or license under this title shall, by July 1, 1987, complete one of the actions prescribed in Subsections (2) through (5). This section does not apply to an unauthorized foreign insurer doing an insurance business in Utah in full compliance with Section 31A-15-103.
(2) An insurer under Subsection (1) may incorporate and apply, or if already incorporated, may apply for a certificate of authority under Chapter 5, Domestic Stock and Mutual Insurance Corporations, Chapter 7, Nonprofit Health Service Insurance Corporations, Chapter 8, Health Maintenance Organizations and Limited Health Plans, or Chapter 9, Insurance Fraternals. If the commissioner is satisfied that the insurer substantially complies with the requirements of the appropriate chapter necessary for the protection of insureds and the public, the commissioner shall issue a certificate of authority.
(3) An insurer under Subsection (1) may transfer all its obligations to a corporation authorized under this title to assume them, according to a plan approved by the commissioner. The commissioner may disapprove the plan on a finding, after a hearing, that it is contrary to the interests of insureds, the public, or the law.
(4) An insurer under Subsection (1) may adopt a plan to run off existing obligations without accepting any new policyholders or new obligations. The commissioner may disapprove the plan on a finding, after a hearing, that it is contrary to the interests of insureds, the public, or the law.
(5) The commissioner may, by order, exempt an insurer from the requirements of Subsection (1) or extend the deadline under Subsection (1) on a finding that:
(a) incorporation, licensing, reinsurance, or run off would cause disproportionate expense, loss, or substantial hardship; and
(b) the nature of the existing and prospective business, the assets, or the business plan of the insurer can be reasonably expected to continue to operate in a sound manner and can be subjected to adequate regulatory controls.
(6) Whenever the commissioner grants an exemption under Subsection (5), the commissioner shall issue to the insurer a certificate of authority. The commissioner may amend the certificate at any time, specifying the business that the insurer may transact and specifying in detail the controls to which the insurer shall be subject. These controls shall correspond as nearly as practicable to the controls applicable to corporations transacting a like business.
(7) It is a ground for liquidation under Section 31A-27a-207 if an insurer has not completed action under one of Subsections (2) through (4) and has not applied for and been granted exemption under Subsection (5) before July 1, 1987.
Amended by Chapter 340, 2011 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 1 - General Provisions › Part 1 - Purposes, Scope, and Application › Section 107 - Licensees under former Title 31.

31A-1-107.
Licensees under former Title 31.
Every holder of a license under former Title 31, Insurance, at the time Title 31A, Insurance Code, takes effect shall continue to be a licensee of the Insurance Department, subject to the provisions of this title. If a licensee must make changes in its articles, bylaws, or manner of doing business to be in full compliance with this title, and the transition is not specifically provided for under this title, the licensee shall apply for, and the commissioner shall automatically grant, a reasonable, but determinate, time period to enable the licensee to conform to this title.
Amended by Chapter 204, 1986 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 1 - General Provisions › Part 1 - Purposes, Scope, and Application › Section 108 - Corporations in the process of organizing.

31A-1-108.
Corporations in the process of organizing.
Corporations in the process of organizing on July 1, 1986, may continue to organize under former Title 31, Insurance. Any corporation so organizing that does not obtain a certificate of authority by July 1, 1987, shall make appropriate refunds and reimbursements to subscribers, incorporators, and creditors in accordance with a plan approved by the commissioner. This plan shall specify the date that the legal existence of the corporation terminates.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 1 - General Provisions › Part 1 - Purposes, Scope, and Application › Section 109 - Name of licensee.

31A-1-109.
Name of licensee.
(1) The name of any licensee who is not a natural person may not be the same as or deceptively similar to the name of any licensee existing under the laws of the state or licensee authorized to transact business in this state.
(2) Notwithstanding Subsection (1), the department may authorize the use of a name that is deceptively similar to the name of a licensee described in Subsection (1) if the name requested is not identical with any name already on file and either:
(a) the owner of the other name consents to the use with the department; or
(b) the department is provided a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant's right to use the name in this state.
Enacted by Chapter 344, 1995 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 1 - General Provisions › Part 1 - Purposes, Scope, and Application › Section 110 - Scope of a license.

31A-1-110.
Scope of a license.
Unless a license is designated as limited, a license authorizes the person holding the license to transact business for all products within a line of authority.
Enacted by Chapter 298, 2003 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 1 - General Provisions › Part 2 - Construction and Interpretation › Section 201 - Construction.

31A-1-201.
Construction.
(1) This code shall be liberally construed to achieve the purposes stated in Section 31A-1-102 and under other chapters of the Insurance Code. The statements of purpose shall aid and guide interpretation but are not independent sources of power.
(2) A provision of the Insurance Code relating to a particular kind of insurance or a particular type of insurer prevails over a provision relating to insurance or insurers in general if there is inconsistency between them.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 1 - General Provisions › Part 2 - Construction and Interpretation › Section 202 - Effect of repeal of former provisions.

31A-1-202.
Effect of repeal of former provisions.
(1) The repeal of any statute by this title does not affect any right accrued or established, or any liability or penalty incurred under the repealed statute.
(2) An action or proceeding commenced under any law repealed by this title is not affected by the repeal. However, all procedures followed or sanctions imposed after the repeal of Title 31, Insurance, shall conform to this title as far as possible.
Amended by Chapter 91, 1987 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 1 - General Provisions › Part 2 - Construction and Interpretation › Section 203 - Interpretive rules.

31A-1-203.
Interpretive rules.
References under Section 31A-1-301 to particular sections do not limit application to those sections but merely indicate a place where a term is especially relevant.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 1 - General Provisions › Part 2 - Construction and Interpretation › Section 205 - Severability.

31A-1-205.
Severability.
If any provision of this title, or the application of any provision of this title to any person or circumstance, is held invalid, the remainder of this title shall be given effect without the invalid provision or application.
Enacted by Chapter 204, 1986 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 1 - General Provisions › Part 4 - Venue › Section 401 - Venue for action or petition filed by commissioner.

Effective 7/1/2024
31A-1-401.
Venue for action or petition filed by commissioner.
If the commissioner brings an action under this title in the district court, the commissioner shall bring the action:
(1) in accordance with Title 78B, Chapter 3a, Venue for Civil Actions; or
(2) in Salt Lake County.
Enacted by Chapter 401, 2023 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 1 - The Insurance Department › Section 101 - General duties.

31A-2-101.
General duties.
The Insurance Department shall administer the Insurance Code, seeking to achieve the purposes in Section 31A-1-102, and shall perform other duties imposed by law.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 1 - The Insurance Department › Section 102 - Appointment, general powers, and duties of commissioner -- Vacancy -- Compensation of commissioner.

Effective 5/12/2020
31A-2-102.
Appointment, general powers, and duties of commissioner -- Vacancy -- Compensation of commissioner.
(1) The chief officer of the department is the insurance commissioner, who may exercise all powers given to, and shall perform all duties imposed on, the Insurance Department. The commissioner shall be appointed by the governor with the advice and consent of the Senate. If the commissioner dies, resigns, or is removed, a successor may be appointed as specified in this subsection. If the Legislature is not then in session, the successor may serve as acting commissioner without advice and consent of the Senate until the Senate has an opportunity to advise and consent to the successor. The commissioner is subject to removal at the pleasure of the governor.
(2) When the office of the commissioner is vacant, or when the commissioner is unable to perform the duties of the office, the governor shall fill the position as provided in Section 67-1-1.5.
(3) The governor shall establish the commissioner's salary within the salary range approved by the Legislature in Title 67, Chapter 22, State Officer Compensation.
Amended by Chapter 352, 2020 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 1 - The Insurance Department › Section 103 - Commissioner's appointees.

Effective 7/1/2021
31A-2-103.
Commissioner's appointees.
(1) The commissioner may appoint up to three persons to assist the commissioner. The commissioner may designate a person appointed under this section as a "deputy," "administrative assistant," "secretary," or any other title chosen by the commissioner.
(2) Persons appointed under this section are exempt from career service status under Section 63A-17-301 and serve at the pleasure of the commissioner.
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 1 - The Insurance Department › Section 104 - Other employees -- Insurance fraud investigators.

Effective 5/12/2020
31A-2-104.
Other employees -- Insurance fraud investigators.
(1) The department shall employ professional, technical, and clerical employees as necessary to carry out the duties of the department.
(2) An insurance fraud investigator employed in accordance with Subsection (1) may as the commissioner approves:
(a) be designated a law enforcement officer, as defined in Section 53-13-103; and
(b) be eligible for retirement benefits under the Public Safety Employee's Retirement System.
Amended by Chapter 32, 2020 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 1 - The Insurance Department › Section 105 - Constitutional oath.

31A-2-105.
Constitutional oath.
Before entering upon the duties of his office, the commissioner shall take, subscribe, and file the constitutional oath. If the commissioner takes action in his office before complying with this section, in good faith and without knowledge of this requirement, and the validity of his action is then challenged, that person may take the oath after the action and the oath shall be given retroactive effect to the date on which he began his duties.
Amended by Chapter 305, 1993 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 1 - The Insurance Department › Section 106 - Ethical requirements for Insurance Department staff.

31A-2-106.
Ethical requirements for Insurance Department staff.
(1) No employee of the Insurance Department, including the commissioner, may:
(a) make any solicitation for any partisan political purpose or for anything that is not related to the public interest, as it is affected by insurance; or
(b) continue or initiate a monetary relationship, except as policyholder, with an insurance agency or brokerage firm, insurance service organization, insurance adjuster, insurer or person affiliated with an insurer, except that:
(i) a commissioner may receive renewal commissions or other deferred compensation earned before his appointment if this commission or compensation does not require him to personally perform further service;
(ii) a commissioner may continue to be obligated under the terms of a mortgage entered into prior to his appointment; and
(iii) a commissioner may continue to have the beneficial interest in or own stock in an insurer, noninsurance company with insurance subsidiaries, insurance agency, brokerage firm, or insurance service organization acquired before appointment if the commissioner's ownership or interest is not of such total value that the commissioner might receive a substantial monetary benefit by failing to act impartially towards the organization. A partnership interest shall be treated as if it were shares in a corporation.
(2) If the commissioner has any beneficial interest or ownership in an organization outlined under Subsection (1)(b)(iii), or if it is known to the commissioner that his spouse, parent, sibling, or child has an interest in any organization that, if held by the commissioner, would disqualify him from serving as commissioner, he shall disqualify himself from all actions respecting the particular organization. The commissioner shall then delegate a senior staff member who is not also disqualified to act in his place with regard to that organization. There is a rebuttable presumption that the commissioner or the delegate service staff member knows of any disqualifying holdings. The commissioner shall report a disqualification in each annual report to the governor as long as the disqualification continues.
(3) The commissioner shall give the governor at least 10 days written notice of any solicitation to be made by the commissioner or other member of the department staff.
(4) In addition to any other penalty, an employee violating this section may be removed from office.
Amended by Chapter 91, 1987 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 1 - The Insurance Department › Section 108 - Legal services.

31A-2-108.
Legal services.
(1) Except as provided in Subsection (4), the commissioner shall call upon the attorney general for the legal counsel and assistance necessary to enforce this title. Upon the commissioner's request, or upon the attorney general's own initiative, the attorney general may hire special legal counsel under Section 67-5-5 to represent the department.
(2) Upon the commissioner's request, or upon the commissioner's own initiative, the attorney general may aid in any investigation, hearing, or other procedure under this title and may institute, prosecute, and defend proceedings relating to the enforcement or interpretation of this title, including any proceeding to which the state, or the commissioner or any employee of the department in an official capacity, is a party or is interested.
(3) The commissioner may refer such evidence as is available concerning violations of this title or of any rule or order under this title to the proper county attorney or district attorney, who may, with or without this reference, institute the appropriate criminal proceedings.
(4) For proceedings authorized by Chapter 27a, Insurer Receivership Act, the commissioner may employ on a contract basis legal counsel other than the attorney general, with the fees, costs, and expenses of the counsel and the attorney general being a class one administrative expense under Section 31A-27a-701.
Amended by Chapter 309, 2007 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 1 - The Insurance Department › Section 109 - Outside consultants.

31A-2-109.
Outside consultants.
The department may employ outside consultants on a contract or part-time basis to perform any professional service needed by the department which cannot be performed by regular employees of the department.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 1 - The Insurance Department › Section 110 - Official seal and signature.

Effective 5/12/2020
31A-2-110.
Official seal and signature.
(1)
(a) Any statutory or common-law requirement that an official seal be affixed is satisfied by the signature of the commissioner.
(b) However, the commissioner may adopt and use a seal bearing the words "Commissioner of Insurance for Utah," an impression of which shall be filed with the Division of Archives.
(2) Any signature of the commissioner may be in a format that affixes an exact copy of the signature, unless specifically required to be handwritten.
Amended by Chapter 32, 2020 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 1 - The Insurance Department › Section 111 - Delegation.

31A-2-111.
Delegation.
(1) Any power, duty, or function vested in the commissioner by law may be exercised, discharged, or performed by an employee of the Insurance Department acting in the commissioner's name and under his delegated authority.
(2) Any person whose own course of action depends in good faith upon proof of the validity of an alleged delegation is not obligated to act until shown a written delegation of the commissioner with the signature of the commissioner or deputy commissioner.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 1 - The Insurance Department › Section 112 - Advisory councils and committees.

31A-2-112.
Advisory councils and committees.
The commissioner may create advisory councils and committees to assist him. He may appoint members and provide by rule for the creation, governance, duties, and termination of any council or committee established.
Enacted by Chapter 242, 1985 General Session
2023 Utah Code › Title 31A - Insurance Code › Chapter 2 - Administration of the Insurance Laws › Part 1 - The Insurance Department › Section 113 - Supporting services.

Effective 7/1/2021
31A-2-113.
Supporting services.
(1) The Department of Government Operations shall provide suitable offices for the Insurance Department:
(a) in Salt Lake City; and
(b) elsewhere, if approved by the governor as necessary for the efficient operation of the department.
(2) The commissioner shall, in accordance with the rules of the Department of Government Operations or other applicable laws, procure or obtain access to all materials, supplies, and equipment necessary for the efficient operation of the Insurance Department, including reasonable library facilities and books.
Amended by Chapter 344, 2021 General Session