Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since October 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R590. Insurance, Administration.

Rule R590-281. License Applications Submitted by Individuals Who Have a Criminal Conviction.

As in effect on October 1, 2019

Table of Contents

R590-281-1. Authority.

This rule is promulgated pursuant to Subsection 31A-2-201(3) which authorizes the commissioner to adopt rules to implement the provisions of Title 31A.

R590-281-2. Purpose and Scope.

(1) This rule sets eligibility requirements for license applicants who have a criminal conviction.

(2) This rule applies to license applicants who have a criminal conviction.

R590-281-3. Definitions.

The following definitions shall apply for the purpose of this rule:

(1) "License" means an initial, a renewal, or a reinstated resident individual or resident agency insurance license issued by the commissioner; and

(2) "Proceeding" means a criminal proceeding, including one involving a plea in abeyance, or a regulatory enforcement proceeding.

R590-281-4. Eligibility to Apply for a License.

(1) Except as provided in Subsections (2) and (3), and except in the case of a juvenile adjudication, an individual who has been convicted of or pleaded no contest to a felony or a misdemeanor involving fraud, misrepresentation, theft, or dishonesty is eligible to apply for a license if:

(a) the individual has paid in full all fines and interest ordered by the court related to the conviction;

(b) the individual has paid in full all restitution ordered by the court related to the conviction; and

(c) the following time periods have elapsed from the date the individual was convicted or released from incarceration, parole, or probation, whichever occurred last:

(i) seven years in the case of a felony;

(ii) five years in the case of a class A misdemeanor;

(iii) four years in the case of a class B misdemeanor; or

(iv) three years in the case of any other misdemeanor.

(2) An individual may not apply for a license if a proceeding is pending against the individual.

(3)(a) An individual who has been convicted of violating the federal Violent Crime Control and Law Enforcement Act of 1994, 18 U.S.C. Sec. 1033, or who has been convicted of a felony involving dishonesty or breach of trust, may not apply for a license without first obtaining written consent from the commissioner to engage or participate in the business of insurance as provided in R590-278.

(b) An individual who obtains written consent under R590-278 may apply for a license. That individual remains subject to all other license application requirements.

(4) The department will deny a license application submitted by an individual who is not eligible under this Section.

R590-281-5. Enforcement Date.

The commissioner will begin enforcing this rule when it takes effect.

R590-281-6. Severability.

If any provision of this rule or its application 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 provisions of this rule are declared to be severable.

KEY

insurance, licensing

Date of Enactment or Last Substantive Amendment

June 21, 2019

Authorizing, Implemented, or Interpreted Law

31A-2-201(3)


Additional Information

Contact

For questions regarding the content or application of rules under Title R590, please contact the promulgating agency (Insurance, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.