DAR File No. 40457
This rule was published in the June 15, 2016, issue (Vol. 2016, No. 12) of the Utah State Bulletin.
Notice of Proposed Rule
DAR File No.: 40457
Filed: 05/31/2016 02:58:43 PM
Purpose of the rule or reason for the change:
The purpose of the change is to allow electronic service and filing in administrative proceedings, rather than requiring all service and filing to be done by hard copy. It also updates Section R590-160-11, "Severability".
Summary of the rule or change:
The rule change adds language that allows service and filing in administrative proceedings to be done electronically, rather than only by hard copy. It also sets forth the method for serving or filing electronically. In addition, Section R590-160-11, "Severability", is updated to current language.
State statutory or constitutional authorization for this rule:
- Subsection 63G-4-203 (1)
- Subsection 31A-2-201(3)(a)
- Subsection 63G-4-102(6)
Anticipated cost or savings to:
the state budget:
There will be a savings to state budget. Service and filing in administrative proceedings previously had to be done by a process server, which costs approximately $50, or by mail, which costs $0.50 per mailing. It can now be done via email.
There is no expected cost or savings to local governments because the rule governs administrative proceedings involving the state government.
Small businesses could see a savings if they routinely service and file administrative proceedings. Service and filing in administrative proceedings previously had to be done by a process server, which costs approximately $50, or by mail, which costs $0.50 per mailing. It can now be done via email.
persons other than small businesses, businesses, or local governmental entities:
Persons or businesses that service and file administrative proceedings could see some savings. Service and filing in administrative proceedings previously had to be done by a process server, which costs approximately $50, or by mail, which costs $0.50 per mailing. It can now be done via email.
Compliance costs for affected persons:
There are no compliance costs for any affected persons. The rule change allows flexibility in service and filing of administrative proceedings but makes no new requirements.
Comments by the department head on the fiscal impact the rule may have on businesses:
Businesses that often perform service or filing of administrative proceedings may see some cost savings as a result of this rule change. It will have no impact on the majority of businesses.
Todd E. Kiser, Commissioner
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Insurance
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 firstname.lastname@example.org
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:
This rule may become effective on:
Steve Gooch, Information Specialist
R590. Insurance, Administration.
R590-160. Administrative Proceedings.
If any provision of this rule or its
application to any person or [
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 provisions of
this rule are severable].
Date of Enactment or Last Substantive Amendment: [
August 28, 2013]
Notice of Continuation: September 30, 2013
Authorizing, and Implemented or Interpreted Law: 31A-2-201; 63G-4-102; 63G-4-203
More information about a Notice of Proposed Rule 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/2016/b20160615.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.
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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 email@example.com. For questions about the rulemaking process, please contact the Division of Administrative Rules.