Insurance, Administration

Rule R590-151

Records Access Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 36578
Filed: 08/01/2012 08:45:08 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The changes to this rule allow for electronic GRAMA requests.

Summary of the rule or change:

The changes to this rule include renumbering to comply with rulemaking standards and to allow for electronic GRAMA requests.

State statutory or constitutional authorization for this rule:

• Section 63A-12-104
• Section 63G-2-204

Anticipated cost or savings to:

the state budget:

This will have no fiscal impact on the department's or state's budget. It will allow for individuals to communicate GRAMA requests to the department more quickly and in many instances receive a quicker response.

local governments:

This rule and the amendments to it should have not fiscal impact on local governments since they deal solely with the department's constituents and licensees.

small businesses:

The changes will allow constituents and licensees to contact the department with GRAMA requests and in many cases receive responses more quickly. The only impact these changes should have is to improve communication between the department and its constituents and licensees.

persons other than small businesses, businesses, or local governmental entities:

The changes will allow constituents and licensees to contact the department with GRAMA requests and in many cases receive responses more quickly. The only impact these changes should have is to improve communication between the department and its constituents and licensees.

Compliance costs for affected persons:

The changes will allow constituents and licensees to contact the department with GRAMA requests and in many cases receive responses more quickly. The only impact these changes should have is to improve communication between the department and its constituents and licensees.

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

The changes to this rule will have no fiscal impact on businesses. They will improve access to the department.

Neal T. Gooch, Commissioner

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

Insurance
Administration
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:

09/14/2012

This rule may become effective on:

09/21/2012

Authorized by:

Jilene Whitby, Information Specialist

R590. Insurance, Administration.

R590-151. Records Access Rule.

R590-151-1. Authority.

This rule is adopted pursuant to the provisions of Chapter 2, Title 63G, the Government Records Access and Management Act (GRAMA), specifically Subsections 63G-2-204(2), and 63A-12-104(2).

 

R590-151-2. Purposes.

The purposes of this rule are to define how record requests are to be made to the Insurance Department, to designate the person who shall fulfill various functions pursuant to the requirements of GRAMA, and to define how an individual may contest the accuracy and completeness of records concerning that individual which are maintained by the department.

 

R590-151-3. Rule.

[A.](1) Making a Request for Access to Records.

[(1)](a) All record requests made under the provisions of GRAMA shall ;

(i) be made in writing, email, or facsimile;

(ii) [and shall] comply with the requirements of Subsection 63G-2-204(1)[,]; and

(iii) indicate in the subject line "GRAMA REQUEST"; and[ shall]

(iv) be directed ;

(A) in writing to the Records Officer, Utah Department of Insurance, State Office Building, Room 3110, Salt Lake City, Utah, 84114 ;

(B) via email to [email protected]; or

(C) or via facsimile to the attention of Records Officer at (801)538-3829 .

[(2)](b) The department's response may be delayed if a submitted request does not comply with the requirements of Subsection (1).

(3) The department may, at its discretion, waive the requirement for a written request if the records requested are public and readily accessible, or for other good cause shown.

[B.](2) Appeals From Initial Decisions.

All appeals from an initial decision by the department, which denies access to a record, shall be addressed to the insurance commissioner and shall conform to the requirements of Section 63G-2-401. The authority to order disclosure or nondisclosure is delegated to the head of the division which maintains the record or to any other person the commissioner may designate from time to time.

[C.](3) Contesting Accuracy or Completeness of a Record.

[(1)](a) Any request pursuant to Subsection 63G-2-603(2) shall be directed to the records officer.

[(2)](b) Consideration of the request shall be conducted as an informal adjudicative proceeding unless converted to a formal adjudicative proceeding by the presiding officer.

[(3)](c) A request to amend findings of fact in any administrative proceeding where the time for appeal has expired shall be denied. These types of records shall be maintained in their original form to protect the public interest and the integrity of the Administrative Records. Section 63G-2-603, may not apply.

 

R590-151-4. Enforcement Date.

The commissioner shall begin enforcing the revised provisions of this rule on the effective date.

 

R590-151-5. Severability.

If any provision or clause of this rule or the application of it to any person[is for any reason held to be invalid, the remainder of the rule and the application of any provisions to other persons or circumstances may not be affected] or situation is held to be invalid, that invalidity shall not affect any other provision or application of this rule which can be given effect without the invalid provision or application, and to this end the provision of this rule are declared to be severable.

 

KEY: insurance records access

Date of Enactment or Last Substantive Amendment: [1994]2012

Notice of Continuation: July 25, 2007

Authorizing, and Implemented or Interpreted Law: 63G-2-204; 63A-12-104