Insurance, Title and Escrow Commission

Rule R592-2

Title Insurance Administrative Hearings and Penalty Imposition

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34077
Filed: 09/15/2010 10:36:06 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

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

Subsections 31A-2-404(2)(e) and (h) provide the process for conducting or delegating a title administrative hearing and imposing a penalty for a violation of statute or rule. The rule establishes procedures for the Title and Escrow Commission to delegate authority to the department's administrative law judge to conduct administrative hearings for title license applicants, licensees, or a title continuing education program, or to administer the hearing themselves. The rule also establishes procedures for the Commission and the department to concur with penalties imposed on a title licensee.

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 rule has been amended twice during the past five years. Changes were made in 2006. No hearing was held and no comments were received. In 2009, additional changes were made to the rule. No written comments were received.

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

This rule clarifies the relationship between the Commission and the administrative law judge (ALJ). It sets forth the procedure for conducting a formal or informal hearing and imposing penalties, as well as how these matters are delegated by the Commission to the ALJ. The rule notes that the party not actually hearing the case has concurrence authority to accept or reject the recommended penalty imposed by the other party. 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:

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]

Authorized by:

Jilene Whitby, Information Specialist

Effective:

09/15/2010