DAR File No. 37421

Insurance, Administration

Rule R590-154

Unfair Marketing Practices Rule

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 37421
Filed: 03/20/2013 11:28:57 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:

Authority for this rule comes from Subsection 31A-2-201(3), which gives the commissioner authority to write rules to implement the provisions of Title 31A. Also, Section 31A-23-302 allows the commissioner to find certain practices to be misleading, deceptive, unfairly discriminatory, provide an unfair inducement, or to unreasonably restrain competition, and to prohibit them by rule.

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 was changed twice during the past five years, substantively and nonsubstantively. At no time during this time have written comments regarding the rule been 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 provides guidelines for producers as to what is considered to be unacceptable market conduct. 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:

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 jwhitby@utah.gov

Authorized by:

Todd Kiser, Commissioner

Effective:

03/20/2013