DAR File No. 32525

Insurance, Title and Escrow Commission

R592-7

Title Insurance Continuing Education Program

NOTICE OF PROPOSED RULE

DAR File No.: 32525
Filed: 04/14/2009, 02:07
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to delegate authority from the Title and Escrow Commission to the Insurance Commissioner to provisionally approve continuing education programs related to title insurance and to establish procedures for the Commission to approve continuing education programs related to title insurance provisionally approved by the commissioner.

Summary of the rule or change:

This rule grants authority to the Insurance Commissioner to provisionally approve continuing education programs related to title insurance so these programs can be processed in the same manner as all other insurance-related continuing education programs. Without this rule, the commission would have to develop processes and procedures, hire staff, and create on-line systems to provide approval for title related continuing education courses. With this rule the commission is able to utilize the existing processes, procedures, and staff of the Insurance Department to provide a title-related continuing education program. (DAR NOTE: A proposed repeal of the current Rule R592-7 is under DAR No. 32543 and will be published in the May 15, 2009, issue of the Bulletin.)

State statutory or constitutional authorization for this rule:

Subsections 31A-2-404(2)(a) and (g)

Anticipated cost or savings to:

the state budget:

No additional cost will be incurred by state government because the existing staff of the Insurance Department is currently handling the title-related continuing education program.

local governments:

There is no cost to local government because local government is not affected by transactions between a state agency (the Insurance Department) and a subsidiary commission to that state agency (the Title and Escrow Commission).

small businesses and persons other than businesses:

Small businesses (title insurance agencies) and individual title insurance producers currently incur costs to take title-related continuing education courses. This rule does not impact those costs because the rule does not change the current processes and procedures for the title-related continuing education program. The rule merely codifies the approval process between the Title and Escrow Commission and the Insurance Commissioner.

Compliance costs for affected persons:

There are no costs for affected persons because the existing staff of the Insurance Department is currently handling the title-related continuing education program.

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

This rule has no fiscal impact on businesses. D. Kent Michie, Commissioner

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

Insurance
Title and Escrow Commission
Room 3110 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

Direct questions regarding this rule to:

Jilene Whitby at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/02/2009

This rule may become effective on:

06/09/2009

Authorized by:

Jilene Whitby, Information Specialist

R592. Insurance, Title and Escrow Commission.

R592-7. Title Insurance Continuing Education Program.

R592-7-1. Authority.

This rule is promulgated pursuant to Subsections 31A-2-404(2)(a) and (g), which direct the Title and Escrow Commission to make rules for the administration of the provisions in this title related to title insurance and the approval of continuing education programs related to title insurance.

 

R592-7-2. Purpose and Scope.

(1) The purposes of this rule are to:

(a) delegate authority from the Commission to the commissioner to provisionally approve continuing education programs related to title insurance; and

(b) establish procedures for the Commission to approve continuing education programs related to title insurance provisionally approved by the commissioner.

(2) This rule applies to all title licensees, applicants for a title insurance license, unlicensed persons doing business as a title licensee, and continuing education providers submitting continuing education programs related to title insurance for approval pursuant to 31A-2-404.

 

R592-7-3. Definitions.

"Title licensee" has the same meaning as found in Section 31A-2-402(3).

 

R592-7-4. Program Approval.

(1) The Commission hereby delegates to the commissioner provisional authority to approve continuing education programs related to title insurance including

(a) continuing education course providers; and

(b) continuing education courses.

(2) The commissioner will report to the Commission on all continuing education programs related to title insurance provisionally approved by the commissioner. This report will include approved:

(a) continuing education course providers; and

(b) continuing education courses added to the Department's list of approved continuing education courses.

(3) The Commission will review the report and

(a) concur with and thus approve the continuing education course providers and continuing education courses provisionally approved by the commissioner; or

(b) disapprove the provisionally approved continuing education course providers or continuing education courses.

(4) If the Commission disapproves a provisionally approved continuing education provider or continuing education course, the commissioner will:

(a) remove the provider or the course from the Department's approved provider or course list; and

(b) notify the provider of the disapproval.

 

R592-7-5. Program Submission.

(1) Title insurance related continuing education providers shall submit initial and renewal provider approval information to the commissioner in accordance with 31A-23a-202 and R590-142.

(2) Approved title insurance related continuing education providers shall submit requests for continuing education course approval to the commissioner in accordance with 31A-23a-202 and R590-142.

 

R592-7-6. Penalties.

A person found, after a hearing or other regulatory process, to be in violation of this rule shall be subject to penalties as provided under 31A-2-308.

 

R592-7-7. Enforcement Date.

The commissioner will begin enforcing this rule upon the rule's effective date.

 

R592-7-8. Severability.

If any section, term, or provision of this rule shall be adjudged invalid for any reason, such judgment shall not affect, impair or invalidate any other section, term, or provision of this rule and the remaining sections, terms, and provisions shall be and remain in full force.

 

KEY: title insurance continuing education

Date of Enactment or Last Substantive Amendment: 2009

Authorizing, and Implemented or Interpreted Law: 31A-2-308; 31A-2-402; 31A-2-404; 31A-23a-202