DAR File No. 39653
This notice was published in the October 1, 2015, issue (Vol. 2015, No. 19) of the Utah State Bulletin.
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.: 39653
Filed: 09/04/2015 11:33:08 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 (ALJ) to conduct administrative hearings for title license applicants, licensees, or a title continuing education program, or to administer the hearings 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 department has received no written comments during 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:
The rule clarifies the relationship between the Commission and the department's 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:
InsuranceTitle and Escrow Commission
Room 3110 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY, UT 84114-1201
Direct questions regarding this rule to:
- Steve Gooch at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov
Effective:
09/04/2015
Authorized by:
Todd Kiser, Commissioner
Additional Information
More information about a Five-Year Notice of Review and Statement of Continuation is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2015/b20151001.pdf. 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 Steve Gooch at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at sgooch@utah.gov. For questions about the rulemaking process, please contact the Division of Administrative Rules.