DAR File No. 43999
This notice was published in the September 15, 2019, issue (Vol. 2019, No. 18) of the Utah State Bulletin.
Insurance, Administration
Rule R590-129
Unfair Discrimination Based Solely Upon Blindness or Physical or Mental Impairment
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 43999
Filed: 08/20/2019 10:49:13 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:
Subsection 31A-2-201(3)(a) authorizes the Insurance Commissioner to make rules to implement the provisions of the Insurance Code, Title 31A. Subsection 31A-23a-402(8) authorizes the Insurance Commissioner to define by rule, after a finding of fact, any marketing practices that are unfair, deceptive, discriminatory, etc. This rule prohibits discrimination based on blindness, or physical or mental impairment in all new and renewal insurance contracts.
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 Insurance Department has received no written comments regarding this rule 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:
This rule should be continued because it provides important protection for consumers and insurers and allows the Insurance Department to regulate against unfair and discriminatory transactions between insurers and consumers. Not having this rule could give the impression that the Insurance Department does not care about unfair discrimination based on blindness, or physical or mental impairments.
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:
InsuranceAdministration
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:
08/20/2019
Authorized by:
Steve Gooch, Information Specialist
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/2019/b20190915.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 Office of Administrative Rules.