Title 31A, Title 31A: Insurance Code

31A-2-105. Constitutional oath. Before entering upon the duties of the commissioner's office, the commissioner shall take, subscribe, and file the constitutional oath. If the commissioner takes action in the commissioner's office before complying with this section, in good faith …

31A-2-106. Ethical requirements for Insurance Department staff. (1) No employee of the Insurance Department, including the commissioner, may: make any solicitation for any partisan political purpose or for anything that is not related to the public interest, as it is affected by …

31A-2-108. Legal services. (1) Except as provided in Subsection, the commissioner shall call upon the attorney general for the legal counsel and assistance necessary to enforce this title. Upon the commissioner's request, or upon the attorney general's own initiative, the attorne…

31A-2-109. Outside consultants. The department may employ outside consultants on a contract or part-time basis to perform any professional service needed by the department which cannot be performed by regular employees of the department.

31A-2-110. Official seal and signature. (1) Any statutory or common-law requirement that an official seal be affixed is satisfied by the signature of the commissioner. However, the commissioner may adopt and use a seal bearing the words "Commissioner of Insurance for Utah," an im…

31A-2-111. Delegation. (1) Any power, duty, or function vested in the commissioner by law may be exercised, discharged, or performed by an employee of the Insurance Department acting in the commissioner's name and under the commissioner's delegated authority. (2) Any person whose…

31A-2-112. Advisory councils and committees. The commissioner may create advisory councils and committees to assist the commissioner. The commissioner may appoint members and provide by rule for the creation, governance, duties, and termination of any council or committee establi…

31A-2-113. Supporting services. (1) The Department of Government Operations shall provide suitable offices for the Insurance Department: in Salt Lake City; and elsewhere, if approved by the governor as necessary for the efficient operation of the department. (2) The commissioner …

31A-2-201. General duties and powers. (1) The commissioner shall administer and enforce this title. (2) The commissioner has all powers specifically granted, and all further powers that are reasonable and necessary to enable the commissioner to perform the duties imposed by this …

31A-2-201.1. General filing requirements. Except as otherwise provided in this title, the commissioner may set by rule made in accordance with, specific requirements for filing any of the following required by this title: (1) a form; (2) a rate; (3) a report; or (4) a binder for …

31A-2-201.2. Evaluation of health insurance market. (1) Each year the commissioner shall: conduct an evaluation of the state's health insurance market; report the findings of the evaluation to the Office of Legislative Research and General Counsel before February 1 of each year; …

31A-2-202. Reports and replies. (1) When relevant, either directly or indirectly, to the performance of the commissioner's duties under this title, the commissioner may require from any person subject to regulation under this title: in whatever reasonable form and reasonable inte…

31A-2-203. Examinations and alternatives. (1) When the commissioner determines that information is needed about a matter related to the enforcement of this title, the commissioner may examine the affairs and condition of: a licensee under this title; an applicant for a license un…

31A-2-203.5. Procedures -- Adjudicative proceedings. The commissioner of insurance shall comply with the procedures and requirements of, in its adjudicative proceedings.

31A-2-204. Conducting examinations. (1) As used in this section, "work papers" means a record that is created or relied upon: during the course of an examination conducted under Section; 31A-2-203 in drafting an examination report; or in requesting, responding to a request, or re…

31A-2-205. Examination costs. (1) Except as provided in Subsection, an examinee that is one of the following shall pay for the reasonable costs of an examination made under Sectionsand: (7) 31A-2-203 31A-2-204 an insurer; a rate service organization; a subsidiary of an insurer or…

31A-2-206. Receipt and handling of deposits. (1) As used in this chapter: "Custodian institution" means a financial institution in this state as defined under Sectionthat: 7-1-103 has authority under, to engage in a trust business; and Title 7, Chapter 5, Trust Business the commi…

31A-2-207. Commissioner's records and reports -- Protection from disclosure of certain records. (1) The commissioner shall maintain all department records that are: required by law; necessary for the effective operation of the department; or necessary to maintain a full record of…

31A-2-208. Publications. (1) The commissioner may prepare and distribute books, pamphlets, and other publications relating to insurance. Except as otherwise provided under this title, the commissioner may charge the cost of producing a publication to those desiring to receive the…

31A-2-208.5. Comparison tables. (1) The commissioner shall annually publish a table comparing the rates charged by insurers for private passenger motor vehicle and homeowners insurance in this state. The comparison shall list the top 20 insurers writing the greatest volume by pre…

31A-2-209. Access to state records. Subject to, the commissioner shall have access to the records of any agency of the state government or of any political subdivision of the state which the commissioner may consult in discharging the commissioner's duties.

31A-2-210. Participation in organizations. (1) The commissioner and the Insurance Department shall maintain close relations with the commissioners of other states and shall participate in the activities and affairs of the NAIC and other organizations to the extent, in the commiss…

31A-2-211. Rules and forms during transition period. (1) The commissioner's rules adopted under former Title 31 are rescinded unless continued under Subsection (3). (2) Between May 1, 1985, and July 1, 1986, the commissioner may prepare and adopt rules to implement or supplement …

31A-2-212. Miscellaneous duties. (1) Upon issuance of an order limiting, suspending, or revoking a person's authority to do business in Utah, and when the commissioner begins a proceeding against an insurer under Chapter 27a, Insurer Receivership Act, the commissioner: shall noti…

31A-2-213. Immunity. (1) In the absence of actual malice, a person listed in Subsectionis not subject to any civil liability for any cause of action arising out of any communication, written or oral, made to: (1)(b) a law enforcement agency; a governmental authority; or the Natio…

31A-2-214. Market assistance programs -- Joint underwriting associations. (1) The commissioner may by rule implement a market assistance program whereby all licensed insurers and producers may pool their information as to the available markets if the commissioner finds that in an…

31A-2-215. Consumer education. (1) In furtherance of the purposes in Section, the commissioner may educate consumers about insurance and provide consumer assistance. 31A-1-102 (2) Consumer education may include: outreach activities; and the production or collection and disseminat…

31A-2-216. Office of Consumer Health Assistance. (1) The commissioner shall establish an Office of Consumer Health Assistance before July 1, 1999. (2) The office shall: be a resource for health insurance consumers concerning health insurance coverage or the need for such coverage…

31A-2-217. Coordination with other states. (1) Subject to Subsection, the commissioner, by rule, may adopt one or more agreements with a state governmental regulatory agency, within and outside of this state, or with the National Association of Insurance Commissioners to address …

31A-2-218. Strategic plan for health system reform. The commissioner and the department shall: (1) facilitate a private sector method for the collection of health insurance premium payments made for a single policy by multiple payers, including the policyholder, one or more emplo…

31A-2-218.1. Section 1332 Waiver Study. (1) As used in this section: "Secretary" means the secretary of the United States Department of Health and Human Services. "Section 1332 waiver" means a waiver for state innovation under 45 C.F.R. Part 155, Subpart N. (2) The commissioner s…

31A-2-301. Special hearing officers -- Witness and mileage fees. (1) If the commissioner considers it necessary because of the technicality or complexity of the subject, the commissioner may appoint a special hearing officer from outside the department staff and may contract for …

31A-2-302. Commissioner's disapproval. (1) When the law requires the commissioner's approval for a certain action without a deemer clause, that approval shall be express. The commissioner's disapproval of an action is assumed if the commissioner does not act within 60 days after …

31A-2-304. Auxiliary procedural powers. The commissioner, or his delegate authorized for a particular matter over his handwritten signature, may administer oaths, take testimony, issue subpoenas, and take depositions in connection with any hearing, meeting, examination, investiga…

31A-2-305. Immunity from prosecution. (1) If a natural person declines to appear, testify, or produce any record or document in any proceeding instituted by the commissioner or in obedience to the subpoena of the commissioner, the commissioner may petition a court with jurisdicti…

31A-2-306. Judicial review -- Costs. (1) A person aggrieved by a rule or order of the commissioner, or aggrieved by the commissioner's failure to act when he has a duty to act, may obtain judicial review. (2) The court reviewing agency actions governed by this title shall give pr…

31A-2-306.5. Stay of commissioner's decision pending administrative review or judicial appeal. (1) An order of the commissioner or a designee of the commissioner is not stayed by a petition for: administrative review; rehearing; or judicial review. (2) A person seeking to stay an…

31A-2-307. Declaratory interpretation of statutes -- Procedure. (1) The commissioner or any other person with a substantial interest in the result may petition the Third District Court for Salt Lake County for a declaratory judgment interpreting any provision of this title as app…

31A-2-308. Enforcement penalties and procedures. (1) A person who violates any insurance statute or rule or any order issued under Subsectionshall forfeit to the state up to twice the amount of any profit gained from the violation, in addition to any other forfeiture or penalty i…

31A-2-309. Service of process through state officer. (1) The commissioner, or the lieutenant governor when the subject proceeding is brought by the state, is the agent for receipt of service of a summons, notice, order, pleading, or other legal process relating to a Utah court or…

31A-2-310. Procedure for service of process through state officer. (1) Service upon the commissioner or lieutenant governor under Sectionis service on the principal, if: 31A-2-309 two copies of the process to be served and the required processing fee are delivered personally or t…

31A-2-311. Reciprocal enforcement of foreign decrees. (1) As used in this section: "Reciprocal state" means a state whose laws contain procedures substantially similar to those specified in this section for the enforcement of decrees or orders issued by courts located in other st…

31A-2-401. Title. This part is known as the "Title and Escrow Commission Act."

31A-2-402. Definitions. As used in this part: (1) "Commission" means the Title and Escrow Commission created in Section. 31A-2-403 (2) "Concurrence" means the entities given a concurring role must jointly agree for the action to be taken. (3) "Real Estate Commission" means the Re…

31A-2-403. Title and Escrow Commission created. (1) Subject to Subsection, there is created within the department the Title and Escrow Commission that is comprised of five members who shall be, in accordance with, appointed by the governor with the advice and consent of the Senat…

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. Th…