File No. 33318

This notice was published in the February 1, 2010, issue (Vol. 2010, No. 3) of the Utah State Bulletin.

Insurance, Administration

Rule R590-88

Prohibited Transactions Between Agents and Unauthorized Multiple Employer Trusts

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 33318
Filed: 01/13/2010 03:18:10 PM


Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 31A-2-201 authorizes the commissioner to write rules to implement the code. Specific rulemaking authority comes from Section 31A-23a-402. It authorizes the commissioner to set guidelines for determining what is unfair discrimination and allows the commissioner to make rules defining unfair marketing acts or practices. The rule identifies prohibited transactions of unauthorized multiple employer trusts and sets sanctions to be applied against those participating in these prohibited transactions.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The department has received no written comments regarding this rule in the past five years.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule protects consumers from agents and organizations selling insurance for unauthorized multiple employer trust. This insurance is not backed by a licensed insurer. The rule also provides sanctions against producers transacting this type of business. Therefore, this rule should be continued.

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

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



Authorized by:

Jilene Whitby, Information Specialist

Additional Information

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

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