DAR File No. 41601

Administrative Services, Risk Management

Rule R37-1

Risk Management General Rules

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 41601
Filed: 05/05/2017 05:16:08 PM

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:

Title 63A, Chapter 4, makes provisions for the duties of all state entities that participate in the Risk Management Fund. Section 63A-4-101 provides that the State Risk Manager shall recommend that the Executive Director of the Department of Administrative Services make rules, prescribing reasonable and objective underwriting and risk control standards for state agencies; prescribing the nature and extent of risks covered by the Risk Management Fund; prescribing the properties, risks, deductibles, and amount limits eligible for payment out of the Fund; and developing procedures for making claims, proof of loss, and dispute resolution. Sections 63G-7-902 and 63G-7-903 enumerate the duties and responsibilities of covered persons and entities against whom a claim is made or suit is brought.

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 received during or since the last five-year review of this rule from any interested persons either supporting or opposing the rule.

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

This rule is necessary to continue the implementation of specific, reasonable and objective underwriting and risk control standards that are intended to reduce liability to the Risk Management Fund. Moreover, this rule should continue because it more specifically prescribes the actual duties of all entities that participate in the Risk Management Fund.

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

Administrative Services
Risk Management
Room 5120 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Brian Nelson at the above address, by phone at 801-538-9576, by FAX at 801-538-9597, or by Internet E-mail at [email protected]
• Fay Tan at the above address, by phone at 801-538-3524, by FAX at , or by Internet E-mail at [email protected]

Effective:

05/05/2017

Authorized by:

Kenneth Hansen, Deputy Director