31A-2-404. Duties of the commissioner and Title and Escrow Commission.
(1) Notwithstanding the other provisions of this chapter, to the extent provided in this part, the commissioner shall administer and enforce the provisions in this title related to a title insurance matter. The commissioner may impose a penalty: under this title related to a title insurance matter; after investigation by the commissioner in accordance with; and Part 3, Procedures and Enforcement that the commissioner enforces. The commissioner shall consult with and seek concurrence of the commission in a meeting subject to, regarding the imposition of a penalty, and if concurrence cannot be reached, the commissioner has final authority. Title 52, Chapter 4, Open and Public Meetings Act Unless a provision of this title grants specific authority to the commission, the commissioner has authority over the implementation of this title related to a title insurance matter. When a provision requires concurrence between the commission and commissioner, and concurrence cannot be reached, the commissioner has final authority. Except as provided in Subsection, when this title requires concurrence between the commissioner and commission related to a title insurance matter: (1)(e) the commissioner shall report to and update the commission on a regular basis related to that title insurance matter; and the commission shall review the report the commissioner submits under this Subsectionand: (1)(d) concur with the report; or provide a reason for not concurring with the report and provide recommendations to the commissioner. When this title requires concurrence between the commissioner and commission under Subsection,, or: (2) (3) (4) the commission shall report to and update the commissioner on a regular basis related to that title insurance matter; and the commissioner shall review a report the commission submits under this Subsectionand concur with the report or: (1)(e) provide a reason for not concurring with the report; and provide recommendations to the commission.
(2) The commission shall: subject to Subsection, make rules for the administration of the provisions in this title related to title insurance matters including rules related to: (4) rating standards and rating methods for a title licensee, as provided in Section; 31A-19a-209 the licensing for a title licensee, including the licensing requirements of Section; 31A-23a-204 continuing education requirements of Section; and 31A-23a-202 standards of conduct for a title licensee; concur in the issuance and renewal of a license in accordance with Sectionor; 31A-23a-105 31A-26-203 with the concurrence of the commissioner, approve a continuing education program required by Section; 31A-23a-202 on a regular basis advise the commissioner of the most critical matters affecting the title insurance industry and request the commissioner to direct the department's investigative resources to investigate and enforce those matters; in accordance with Section, participate in the annual license testing evaluation the commissioner's test administrator conducts; 31A-23a-204 advise the commissioner on matters affecting the commissioner's budget related to title insurance; and perform other duties as provided in this title.
(3) The commission may make rules establishing an examination for a license that will satisfy Section: 31A-23a-204 after consultation with the commissioner's test administrator; and subject to Subsection. (4)
(4) The commission may make a rule under this title only: in accordance with; Title 63G, Chapter 3, Utah Administrative Rulemaking Act with the concurrence of the commissioner, except that if concurrence cannot be reached, the commissioner has final authority; and if at the time the commission files the commission's proposed rule and rule analysis with the Office of Administrative Rules in accordance with Section, the commission provides the Real Estate Commission that same information. 63G-3-301 The commission may not make a rule regarding adjudicative procedures. In accordance with Section, the commissioner may make rules regarding adjudicative procedures. 31A-2-201
(5) The commissioner shall annually report the information described in Subsectionin writing to the commission. (5)(b) The information required to be reported under this Subsection: (5) may not identify a person; and shall include: the number of complaints the commissioner receives with regard to transactions involving title insurance or a title licensee during the calendar year immediately proceeding the report; the type of complaints described in Subsection; and (5)(b)(ii)(A) for each complaint described in Subsection: (5)(b)(ii)(A) any action taken by the commissioner with regard to the complaint; and the time-period beginning the day on which a complaint is made and ending the day on which the commissioner determines that the commissioner will take no further action with regard to the complaint.
(6) The commissioner may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that govern the process for winding down the business of a resident agency title insurance producer.