DAR File No. 32543
This filing was published in the 05/15/2009, issue, Vol. 2009, No. 10, of the Utah State Bulletin.
Insurance, Title and Escrow Commission
R592-7
Title Insurance Continuing Education Program
NOTICE OF PROPOSED RULE
DAR File No.: 32543
Filed: 04/23/2009, 12:21
Received by: NL
RULE ANALYSIS
Purpose of the rule or reason for the change:
This rule is being repealed due to failure to comply with Subsection 31A-2-404(3) requiring the Title and Escrow Commission to provide the Real Estate Commission with the same proposed rule filing form and rule text as is provided to the Division of Administrative Rules. At the same time as this repeal filing is being made, a new rule filing is being processed and provided to the Real Estate Commission as required by law. (DAR NOTE: The proposed new Rule R592-7 is under DAR No. 32525 and was published in the May 1, 2009, issue of the Bulletin.)
Summary of the rule or change:
It has been determined that the process of filing this rule for the rulemaking process violated the code. As a result, this rule is being repealed then re-filed and provided to the Real Estate Commission as required by Subsection 31A-2-404(3).
State statutory or constitutional authorization for this rule:
Subsections 31A-2-404(2)(a) and (g)
Anticipated cost or savings to:
the state budget:
The repeal of this rule will have no fiscal impact on the department since it is being put back into effect at the same time, resulting in no lapse or change in rule content.
local governments:
The repeal of this rule will not affect local governments since the rule deals solely with the relationship between the Commission and the title industry.
small businesses and persons other than businesses:
The repeal of this rule will have no fiscal impact on small businesses since it is being put back into effect at the same time resulting in no lapse or change in rule content.
Compliance costs for affected persons:
The repeal of this rule will have no fiscal impact on individuals, associations, entities, etc., since it will be put back into effect at the same time resulting in no lapse or change in rule content.
Comments by the department head on the fiscal impact the rule may have on businesses:
At the same time this rule is being repealed another filing is being made to put it back into effect. Both filings will be put into effect on the same day resulting in no lapse or change in rule content. Canyon Walker Anderson, Title and Escrow Commission Chair
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
InsuranceTitle 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 [email protected]
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:
06/16/2009
This rule may become effective on:
06/22/2009
Authorized by:
Jilene Whitby, Information Specialist
RULE TEXT
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: July 14, 2008
Authorizing, and Implemented or Interpreted
Law: 31A-2-308; 31A-2-402; 31A-2-404;
31A-23a-202]
ADDITIONAL INFORMATION
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For questions regarding the content or application of this rule, please contact Jilene Whitby at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at [email protected]
For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.
Last modified: 05/13/2009 2:53 PM