DAR File No. 43782

Insurance, Title and Escrow Commission

Rule R592-7

Title Insurance Continuing Education

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 43782
Filed: 06/10/2019 05:07:48 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:

Subsections 31A-2-404(2)(a) and (g) direct the Title and Escrow Commission to make rules for the administration of the provisions in the Insurance Code related to title insurance, and the approval of continuing education (CE) programs related to title insurance.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

In 2018, the Insurance Department (Department) repealed and reenacted this rule at the behest of the Title and Escrow Commission. The Department received two comments during the public comment period. The first was from an insurer requesting that the words "or agency" be added to a specific section of the rule. The Department reviewed the request and declined to make the change because it was unnecessary -- changes to the wording of the section in question were made intentionally to meet the Title and Escrow Commission's goals. The second comment was submitted by the Department's assistant attorney general, who stated that it is unclear whether the Title and Escrow Commission is able to delegate its authority to the Department, but that the Insurance Commission staffing the Title and Escrow Commission may make it possible.

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

This rule delegates from the Title and Escrow Commission to the Insurance Commissioner the authority to approve CE courses related to title insurance, and requires that the Insurance Commissioner provide to the Title and Escrow Commission a quarterly report of the CE courses approved by the Department. This rule also specifies the CE requirements that must be met by title insurance producers. It is important that the Department continue to provide this service for the Commission to alleviate the burden from Title and Escrow Commission members who may not know all the rules and have time to delegate the process. It is important to leave this duty with the Department because they have the personnel and process in place to review, approve, and disapprove CE courses in a timely, efficient way. The Title and Escrow Commission directed that this rule should be continued by a vote of 4-0 at its May 28, 2019 meeting.

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

Insurance
Title 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:

06/10/2019

Authorized by:

Steve Gooch, Information Specialist