Insurance, Administration

Rule R590-149

Americans with Disabilities Act (ADA) Grievance Procedures

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 36386
Filed: 06/18/2012 09:02:45 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:

The purpose of this rule is to implement the provisions of 28 CFR 35, and Title II of the Americans with Disabilities Act which provide that no individual shall be excluded from participation in or be denied the benefits of the services, programs, or activities of the Insurance Department, or be subjected to discrimination by the department because of a disability. Subsection 63G-3-201(3) requires rulemaking when the department issues a written interpretation of a state or federal legal mandate. Subsection 31A-2-201(3)(a) authorizes the commissioner to write rules to implement the provisions of the insurance code, Title 31A.

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

No written comments have been made in the past five years. Changes have been made in the rule in that time but they have been made in an effort to correct code references and to comply with changes in the federal law. None of the changes were made at the request of a specific individual or organization.

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

It is important that this rule be continued in effect to provide that no qualified individual with a disability, by reason of such disability, be excluded from participation in, or the benefits of, the services, programs and activities of the Insurance Department. The rule needs to remain in force so that the department will be in compliance with the federal Americans With Disabilities Act.

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 jwhitby@utah.gov

Authorized by:

Jilene Whitby, Information Specialist

Effective:

06/18/2012