DAR File No. 42211

Insurance, Administration

Rule R590-151

Records Access Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 42211
Filed: 10/13/2017 02:25:42 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is being amended to remove outdated submission directions, to supply updated submission directions, and to make editorial corrections.

Summary of the rule or change:

The change primarily removes outdated submission requirements that direct requesters to send submissions to a former Utah Insurance Department employee, and replaces them with a direction to file Government Records Access and Management Act (GRAMA) requests through the state's Open Record Portal. It also removes the Enforcement Date section and makes a number of small editorial corrections.

Statutory or constitutional authorization for this rule:

• Subsection 63A-12-104(2)
• Subsection 63G-2-204(2)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. The amendment to the rule merely designates a new method for the Department to collect and track GRAMA requests. Use of the Open Record Portal will allow the Department to track GRAMA requests more efficiently and should result in requesters receiving their records in a more timely manner. However, the new method will not increase or decrease the amount of staff time required to research and complete a records request.

local governments:

There will be no cost or savings to local governments. The amendment governs the relationship between the Department and the GRAMA-filing public.

small businesses:

There will be no cost or savings to small businesses. The amendment governs the relationship between the Department and the GRAMA-filing public.

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

There will be no cost or savings to any other persons. The amendment merely designates a new method for the Department to collect and track GRAMA requests. Use of the Open Record Portal will allow the Department to track GRAMA requests more efficiently and should result in requesters receiving their records in a more timely manner. There is no cost to file requests through the Open Record Portal.

Compliance costs for affected persons:

There are no compliance costs for any affected persons. The amendment merely designates a new method for the Department to collect and track GRAMA requests. Use of the Open Record Portal will allow the Department to track GRAMA requests more efficiently and should result in requesters receiving their records in a more timely manner. There is no cost to filing requests through the Open Record Portal.

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

After conducting a thorough analysis, it was determined that this proposed rule change will not result in a fiscal impact to businesses.

Todd E. Kiser, Commissioner

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

• 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 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:

12/01/2017

This rule may become effective on:

12/08/2017

Authorized by:

Steve Gooch, 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.

(1) Making a Request for Access to Records.

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

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

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

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

(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]by completing the online Request Form available through Utah's Open Record Portal at https://openrecords.utah.gov.

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

([3]2) 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.

([2]3) 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.

([3]4) Contesting Accuracy or Completeness of a Record.

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

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

(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 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: [October 3, 2012]2017

Notice of Continuation: July 12, 2012

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