No. 42395 (Amendment): Rule R590-102. Insurance Department Fee Payment Rule

(Amendment)

DAR File No.: 42395
Filed: 12/15/2017 05:42:02 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is being changed to add a fee for guaranteed asset protection retailers and to remove two fees that were repealed during the 2017 General Session (H.B. 42 and H.B. 336). It also makes a number of minor corrections including dates, formatting, and references.

Summary of the rule or change:

These changes add an assessment to the annual guaranteed asset protection retailer sellers per Subsection 31A-6b-201(2), remove the fee for the risk adjustment program that was repealed during the 2017 General Session by H.B. 336, and remove the fee for a health insurance purchasing alliance that was repealed during the 2017 General Session by H.B. 42. It also corrects a reference for guaranteed asset protection providers (from a license fee to a registration fee); corrects the due date fee for "Other Organizations" from May 1 to March 1; clarifies the fee for alien surplus lines insurers; and makes formatting corrections.

Statutory or constitutional authorization for this rule:

• Subsection 31A-3-103(3)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. No new fee has been added. The state did not enact a risk adjustment program, therefore no fees were ever collected. The Department of Insurance (Department) has only received one application for a health insurance purchasing alliance that was licensed from 2008 to 2010. Assessments have previously collected for guaranteed asset protection retailer sellers pursuant to Subsection 31A-6b-201(2).

local governments:

There is no anticipated cost or savings to local governments. These changes only apply to fees collected by the Department from its licensees and will not impact local governments.

small businesses:

The annual assessment of $50 for guaranteed asset protection retailer sellers applies to small businesses that act as a retail seller of guaranteed asset protection. It is, and has been, collected pursuant to Subsection 31A-6b-201(2).

persons other than small businesses, businesses, or local governmental entities:

The annual assessment of $50 for guaranteed asset protection retailer sellers applies to any person that is acting as a retail seller of guaranteed asset protection. It is, and has been, collected pursuant to Subsection 31A-6b-201(2).

Compliance costs for affected persons:

The compliance cost for an affected person is an annual $50 assessment for a guaranteed asset protection retailer seller.

Comments by the department head on the fiscal impact the rule may have on businesses:

I. WHETHER A FISCAL IMPACT TO BUSINESS IS EXPECTED AS A RESULT OF THE PROPOSED RULE AND, IF SO, A DESCRIPTION OF WHY: There is a fiscal impact to guaranteed asset protection retailer sellers of up to $50 per annum. This assessment is collected to cover the costs of regulating the industry. II. AN ESTIMATE OF THE TOTAL NUMBER OF BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: During 2016, the Department collected assessments from 121 entities, and 125 entities in 2017. It is expected there will be an average of 3% growth per year. III. AN ESTIMATE OF THE SMALL BUSINESS ESTABLISHMENTS IN UTAH EXPECTED TO BE IMPACTED: The Department is unable to determine which of the 125 entities that paid the assessment in 2017 are small businesses. The Department estimates that 50% of the guaranteed asset protection retailer sellers are small businesses. IV. A DESCRIPTION OF THE SOURCES OF COST OR SAVINGS AS WELL AS THE EXPECTED NET SAVINGS OR COST TO BUSINESS ESTABLISHMENTS AND SMALL BUSINESS ESTABLISHMENTS AS A RESULT OF THE PROPOSED RULE OVER A ONE-YEAR PERIOD, IDENTIFYING ONE-TIME AND ONGOING COSTS: Businesses acting as a guaranteed asset protection retailer seller will have an annual assessment of $50 as required by 31A-6b-201. V. DEPARTMENT HEAD'S COMMENTS ON THE ANALYSIS: This analysis represents the Department's best estimate of the maximum fiscal impact this rule amendment may have on businesses.

Todd E. Kiser, Commissioner

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

Insurance
Administration
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 [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/31/2018

Interested persons may attend a public hearing regarding this rule:

• 01/18/2018 01:00 PM, State Office Building, 450 N State Street, Room 3112, Salt Lake City, UT

This rule may become effective on:

02/07/2018

Authorized by:

Steve Gooch, Information Specialist

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2018

FY 2019

FY 2020

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$3,225

$3,325

$3,425

Non-Small Businesses

$3,225

$3,325

$3,425

Other Person

$0

$0

$0

Total Fiscal Costs:

$6,450

$6,650

$6,850

Fiscal Benefits

State Government

$6,450

$6,650

$6,850

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$6,450

$6,650

$6,850

Net Fiscal Benefits:

$0

$0

$0

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are 125 guaranteed asset protection retailers in Utah. The Utah Insurance Department (Department) assesses a $50 annual fee to cover the costs of regulating the industry. In FY 2017, the total assessment for the 125 affected businesses was $6,250. The Department is unable to determine with certainty how many of the affected businesses are small businesses; however, the Department estimates that approximately 50% are small businesses.

 

The Department further estimates a 3% annual increase in the number of retailers doing business in Utah. This estimate is factored into Appendix 1, above. The head of the Department, Todd E. Kiser, has reviewed and approved this fiscal analysis.

 

 

R590. Insurance, Administration.

R590-102. Insurance Department Fee Payment Rule.

R590-102-1. Authority.

This rule is adopted pursuant to Subsection[s] 31A-3-103(3), which requires the commissioner to publish the schedule of fees approved by the legislature and to establish deadlines for payment of each of the various fees.

 

R590-102-2. Purpose and Scope.

(1) The purposes of this rule are to:

(a) publish the schedule of fees approved by the legislature;

(b) establish fee deadlines; and

(c) disclose this information to licensees and the public.

(2) The rule applies to:

(a) all persons engaged in the business of insurance in Utah;

(b) all licensees;

(c) applicants for licenses, registrations, certificates, or other similar filings; and

(d) all persons requesting services provided by the department for which a fee is required.

 

R590-102-3. Definitions.

In addition to the definitions in Title 31A, the following definitions shall apply for the purposes of this rule:

(1) "Admitted insurers" include: fraternal, health, health maintenance organization, life, limited health plan, motor club, non-profit health service, property-casualty, title insurers, and a prescription drug plan.

(2) "Agency" means:

(a) a person, other than an individual, including a sole proprietorship by which a natural person does business under an assumed name; and

(b) an insurance organization required to be licensed under Subsections 31A-23a-301, 31A-25-207, and 31A-26-209.

(3) "Captive insurer" includes association captive, branch captive, industrial insured captive, pure captive, sponsored captive, and special purpose financial captive.

(4) "Deadline" means the final date or time:

(a) imposed by:

(i) statute;

(ii) rule; or

(iii) order, and

(b) by which

(i) a payment must be received by the department without incurring penalties for late payment or non-payment; or

(ii) required information must be received by the department without incurring penalties for late receipt or non-receipt.

(5) "Fee" means an amount set by the commissioner, by statute, or by rule and approved by the legislature for licenses, registrations, certificates, and other filings and services provided by the Insurance Department.

(6) "Full-line agency" includes producer, consultant, independent adjuster, managing general agent, public adjuster, reinsurance intermediary broker, and third party administrator.

(7) "Full-line individual" includes a producer, consultant, independent adjuster, managing general agent, public adjuster, reinsurance intermediary broker, and third party administrator.

(8) "Limited-line agency" includes bail bond and limited-line producer.

(9) "Limited-line individual" includes bail bond agent, limited-lines producer and customer service representative.

(10) "Other organizations" include: home warranty, joint underwriter, purchasing group, rate service organization, risk retention group, service contract provider and health discount program.

(11) "Paper application" means an application that must be manually entered into the department's database because the application was submitted by paper, facsimile, or email when the department has provided an electronic application process and stated the electronic process is the preferred process for receiving an application.

(12) "Paper filing" means a filing that must be manually entered into the department's database because the filing was submitted by paper, facsimile, or email when the department has provided an electronic filing process and stated the electronic process is the preferred process for receiving a filing.

(13) "Received by the department" means:

(a) the date delivered to and stamped received by the department, if delivered in person;

(b) the postmark date, if delivered by mail;

(c) the delivery service's postmark date or pick-up date, if delivered by a delivery service; or

(d) the received date recorded on an item delivered, if delivered by:

(i) facsimile;

(ii) email; or

(iii) another electronic method; or

(e) a date specified in:

(i) a statute;

(ii) a rule; or

(iii) an order.

 

R590-102-4. General Instructions.

(1) Any fee payable to the department not included in Subsections R590-102-5 through [24]23, shall be due when service is requested, if applicable, otherwise by the due date on the invoice.

(2) Payment.

(a) A non-electronic payment processing fee will be added to a payment when the department has provided an electronic payment process and stated the electronic process is the preferred process for receiving a payment.

(b) Check.

(i) Checks shall be made payable to the Utah Insurance Department.

(ii) A check that is dishonored in the process of the collection will not constitute payment of the fee for which it was issued and any action taken based on the payment will be voided.

(iii) Late fees and other penalties, resulting from the voided action will apply until proper payment is made.

(iv) A check payment that is dishonored is a violation of this rule.

(c) Cash. The department is not responsible for un-receipted cash that is lost or misdelivered.

(d) Electronic.

(i) Credit Card.

(A) Credit cards may be used to pay any fee due to the department.

(B) Credit card payments that are dishonored will not constitute payment of the fee and any action taken based on the payment will be voided.

(C) Late fees and other penalties, resulting from the voided action, will apply until proper payment is made.

(D) A credit card payment that is dishonored is a violation of this rule.

(ii) Automated clearinghouse (ACH).

(A) Payers or purchasers desiring to use this method must contact the department for the proper routing and transit information.

(B) Payments that are made in error to another agency or that are not deposited into the department's account will not constitute payment of the fee and any action taken based on the payment will be voided.

(C) Late fees and other penalties resulting from the voided action will apply until proper payment is made.

(D) An ACH payment that is dishonored is a violation of this rule.

(3) Retaliation. The fees enumerated in this rule are not subject to retaliation in accordance with Section 31A-3-401 if other states or countries impose higher fees.

(4) Refunds.

(a) All fees in this rule are non-refundable.

(b) Overpayments of fees are refundable.

(c) Requests for return of overpayments must be in writing.

(5) A non-electronic processing fee will be assessed for a particular service if the department has established an electronic process for that service. See R590-102-23.

 

R590-102-5. Admitted Insurer and Prescription Drug Plan Fees.

(1) Annual license fees:

(a) certificate of authority, initial license application - due with license application: $1,000;

(b) certificate of authority - renewal - due by the due date on the invoice: $300;

(c) certificate of authority - late renewal - due for any renewal paid after the date on the invoice: $350;

(d) certificate of authority - reinstatement - due with application for reinstatement: $1,000.

(2) Other license fees:

(a) certificate of authority - amendments - due with request for amendment: $250;

(b)(i) Form A - application for merger, acquisition, or change of control, due with filing: $2,000.

(ii) Expenses incurred for consultant services necessary to evaluate a Form A will be charged to the applicant and due by the due date on the invoice;

(c) redomestication filing - due with filing: $2,000; and

(d) application for organizational permit for mutual insurer to solicit applications for qualifying insurance policies or subscriptions for mutual bonds or contribution notes - due with application: $1,000.

(3) The annual initial or annual renewal license fee includes the following licensing services for which no additional fee is required:

(a) filing annual statement and report of Utah business - due annually on March 1;

(b) filing holding company registration statement - Form B;

(c) filing application for material transactions between affiliated companies - Form D;

(d) application for: stock solicitation permit, public offering filing, but not an SEC filing; an SEC filing; private placement offering; and

(e) application for individual license to solicit in accordance with the stock solicitation permit.

(4) Annual service fee:

(a) Due annually by the due date on the invoice.

(b) A prescription drug plan is exempted from payment of a service fee.

(c) The fee is based on the Utah premium as shown in the latest annual statement on file with the National Association of Insurance Commissioners and the department. Fee calculation example: the 2004 annual service fee calculation will use the Utah premium shown in the December 31, 2003 annual statement.

(d) Fee schedule:

(i) $0 premium volume: no service fee;

(ii) more than $zero but less than $1 million in premium volume: $700;

(iii) $1 million but less than $3 million in premium volume: $1,100;

(iv) $3 million but less than $6 million in premium volume: $1,550;

(v) $6 million but less than $11 million in premium volume: $2,100;

(vi) $11 million but less than $15 million in premium volume: $2,750;

(vii) $15 million but less than $20 million in premium volume: $3,500; and

(viii) $20 million or more in premium volume: $4,350.

(e) The annual service fee includes the following services for which no additional fee is required:

(i) filing of amendments to articles of incorporation, charter, or bylaws;

(ii) filing of power of attorney;

(iii) filing of registered agent;

(iv) affixing commissioner's seal and certifying any paper;

(v) filing of authorization to appoint and remove agents;

(vi) filing of producer/agency appointment with an insurer - initial;

(vii) filing of producer/agency appointment with an insurer - termination;

(viii) report filing, all lines of insurance;

(ix) rate filing, all lines of insurance; and

(x) form filing, all lines of insurance.

(f) The annual service fee is for services that the department will provide for an admitted insurer during the year. The fee is paid in advance of providing the services.

(5) Other fees:

(a) e-commerce fee: see R590-102-23; and

(b) insurer examination costs reimbursements from examined insurers - due by due date on the invoice: actual costs plus overhead expense.

 

R590-102-6. Foreign Surplus Lines Insurer, Accredited Reinsurer, Certified Reinsurer, Trusteed Reinsurer, and Employee Welfare Fund Administative/Service Fees.

(1) Initial Fee - due with application[, alien surplus lines insurers file Utah State Alien Surplus Lines Information Form]: $1,000.

(2) Annual Fee - due annually by the due date on the invoice: $500;

(3) Late annual payment - due for any annual payment paid after the due date on the invoice: $550;

(4) Reinstatement - due with application[, alien surplus insurers submit request for reinstatement]: $1,000[;].

(5) [The initial or annual surplus line fee includes the surplus lines annual statement filing for:

(a) U.S. companies - due annually on May 1; and

(b) foreign companies - due within 60 days of the annual statement's filing with the insurance regulatory authority where the company is domiciled.

(6) The initial or annual accredited reinsurer and trusteed reinsurer license fee includes the annual statement filing - due annually on March 1.

(7) ]The annual fee includes the following services for which no additional fee is required and is paid in advance:

(a) filing of power of attorney; and

(b) filing of registered agent.

[(8)](6) E-commerce fee: see R590-102-23.

 

R590-102-7. Other Organization Fees.

(1) Annual license fee:

(a) initial - due with application: $250;

(b) renewal - due annually by the due date on the invoice: $200;

(c) late renewal - due for any renewal paid after the date on the invoice: $250;

(d) reinstatement - due with application for reinstatement: $250;

(e) The annual other organization initial or renewal fee includes the risk retention group annual statement filing - due annually on [May]March 1.

(2) Annual service fee - due annually by the due date on the invoice: $200.

(a) The annual service fee includes the following services for which no additional fee is required:

(i) filing of power of attorney;

(ii) filing of registered agent; and

(iii) rate, form, report or service contract filing.

(b) The annual service fee is for services that the department will provide during the year. The fee is paid in advance of providing the services.

(3) E-commerce fee: see R590-102-23.

 

R590-102-8. Captive Insurer Fees.

(1) Initial license application - due with license application: $200.

(2) Initial license application review - due by the due date on the invoice: actual costs incurred by the department to review the application.

(3) Annual license fees:

(a) initial - due by the due date on the invoice: $5,000;

(b) renewal - due by the due date on the invoice: $5,000;

(c) late renewal - due for any renewal paid after the date on the invoice: $5,050;

(d) reinstatement - due with application for reinstatement: $5,050.

(4) Other fees:

(a) e-commerce fee: see R590-102-23; and

(b) examination costs reimbursements from examined captive insurers - due by due date on the invoice: actual costs plus overhead expense.

 

R590-102-9. Captive Cell Fees.

(1) Initial license application -[-] due with license application: $200.

(2) Initial license application review -[-] due by the due date on the invoice: actual costs incurred by the department to review the application.

(3) Annual license fees:

(a) initial -[-] due by the due date on the invoice: $1,000;

(b) renewal -[-] due by the due date on the invoice: $1,000;

(c) late renewal -[-] due for any renewal paid after the date on the invoice: $1,050.

 

R590-102-10. Life Settlement Provider Fees.

(1) Annual license fees:

(a) initial - due with application: $1,000;

(b) renewal - due by the due date on the invoice: $300;

(c) late renewal - due for any renewal paid after the date on the invoice: $350;

(d) reinstatement - due with reinstatement application: $1,000.

(2) Annual service fee - due by the due date on the invoice: $600.

(a) The annual service fee includes the following service for which no additional fee is required: rate, form, report or service contract filing.

(b) The annual service fee is for services that the department will provide during the year. The fee is paid in advance of providing the services.

(3) Other fees:

(a) e-commerce fee: see R590-102-23; and

(b) examination costs reimbursements from examined viatical settlement providers - due by due date on the invoice: actual costs plus overhead expense.

 

R590-102-11. Professional Employer Organization (PEO) Fees.

(1) Annual license fees:

(a) PEO - not certified by an assurance organization:

(i) initial - due with application: $2,000;

(ii) renewal - due by the due date on the invoice: $2,000;

(iii) late renewal - due for any renewal paid after the date on the invoice: $2,050;

(iv) reinstatement - due with reinstatement application: $2,050;

(b) PEO - certified by an assurance organization:

(i) initial - due with application: $2,000;

(ii) renewal - due by the due date on the invoice: $1,000;

(iii) late renewal - due for any renewal paid after the date on the invoice: $1,050;

(iv) reinstatement - due with reinstatement application: $1,050;

(c) PEO - small operator:

(i) initial - due with application: $2,000;

(ii) renewal - due by the due date on the invoice: $1,000;

(iii) late renewal - due for any renewal paid after the date on the invoice: $1,050;

(iv) reinstatement - due with reinstatement application: $1,050.

(5) E-commerce fee: see R590-102-23.

 

R590-102-12. Individual Resident and Non-Resident License Fees, Other Than Individual Navigators.

(1) Biennial resident and non-resident full-line individual initial license or renewal fee:

(a) initial license fee - due with application: $70:

(b) renewal license fee if renewed prior to license expiration date - due with renewal application: $70;

(c) reinstatement license fee if inactive license is reinstated within one year following the license expiration date - due with application for reinstatement: $120.

(2) Biennial resident and non-resident limited-line individual initial or renewal license fee:

(a) initial license fee - due with application: $45;

(b) renewal license fee if renewed prior to license expiration date - due with renewal application: $45;

(c) reinstatement license fee if inactive license is reinstated within one year following the license expiration date - due with application for reinstatement: $95.

(3) Other license fees: addition of producer classification or line of authority to individual producer license - due with request for additional classification or line of authority: $25.

(4) The biennial initial and renewal full-line producer and limited-line producer fee includes the following services for which no additional fee is required:

(a) issuance of letter of certification;

(b) issuance of letter of clearance;

(c) issuance of duplicate license;

(d) individual continuing education services.

(5) The biennial initial and renewal individual license fee includes services the department will provide during the year. The fee is paid in advance of providing the services.

(6) Other fees:

(a) e-commerce fee: see R590-102-23; and

(b) title insurance product or service approval for dual licensed title licensee form filing fee - due with filing: $25.

 

R590-102-13. Individual Navigator.

(1) Individual navigator per annual license period:

(a) initial license fee -[-] due with application: $35;

(b) renewal license fee if renewed prior to license expiration date -[-] due with renewal application: $35;

(c) reinstatement license fee if inactive license is reinstated within one year following the license expiration date -[-] due with application for reinstatement: $60.

(2) The annual initial and renewal individual license fee includes the following services for which no additional fee is required:

(a) issuance of letter of certification;

(b) issuance of letter of clearance;

(c) issuance of duplicate license; and

(d) individual continuing education services.

(3) The annual initial and renewal individual license fee includes will provide during the year. The fee is paid in advance of providing the services.

(4) E-commerce fee: see R590-102-23.

 

R590-102-14. Agency License Fees, Other than Navigator or Bail Bond Agencies.

(1) Biennial resident and non-resident agency initial or renewal license for a full-line agency and for a limited-line agency:

(a) initial license fee - due with application: $75;

(b) renewal license fee if renewed prior to license expiration date - due with renewal application: $75;

(c) reinstatement license fee if inactive license is reinstated within one year following the license expiration date - due with application for reinstatement: $125;

(d) resident title license:

(i) initial license fee - due with application: $100;

(ii) renewal license fee, if renewed prior to license expiration date - due with renewal application: $100.

(iii) reinstatement license fee, if reinstated within one year following the license inactivation date -[-] due with application for reinstatement: $150.

(2) Other license fees: addition of producer classification or line of authority to agency license - due with request for additional classification or line of authority: $25.

(3) The biennial initial and renewal agency license fee includes the following services for which no additional fee is required:

(a) issuance of letter of certification;

(b) issuance of letter of clearance;

(c) issuance of duplicate license;

(d) filing of producer designation to agency license - initial;

(e) filing of producer designation to agency license - termination;

(f) filing of amendment to agency license; and

(g) filing of power of attorney.

(4) E-commerce fee: see R590-102-23.

 

R590-102-15. Navigator Agency.

(1) Navigator agency per annual license period:

(a) initial license fee -[-] due with application: $40;

(b) renewal license fee if renewed prior to license expiration date -[-] due with renewal application: $40;

(c) reinstatement license fee if inactive license is reinstated within one year following the license expiration date -[-] due with application for reinstatement: $65.

(2) The annual initial and renewal agency license fee includes the following services for which no additional fee is required:

(a) issuance of letter of certification;

(b) issuance of letter of clearance;

(c) issuance of duplicate license;

(d) filing of producer designation to agency license -[-] initial;

(e) filing of producer designation to agency license -[-] termination;

(f) filing of amendment to agency license; and

(g) filing of power of attorney.

(3) E-commerce fee: see R590-102-23.

 

R590-102-16. Bail Bond Agency.

(1) Annual bail bond agency per annual license period:

(a) initial license fee - due with application: $250;

(b) renewal license fee if renewed prior to license expiration date - due with renewal application: $250;

(c) reinstatement license fee if inactive license is reinstated within one year following the license expiration date - due with application for reinstatement: $300.

(2) The annual initial and renewal agency license fee includes the following services for which no additional fee is required:

(a) issuance of letter of certification;

(b) issuance of letter of clearance;

(c) issuance of duplicate license;

(d) filing of producer designation to agency license - initial;

(e) filing of producer designation to agency license - termination;

(f) filing of amendment to agency license; and

(g) filing of power of attorney.

(3) E-commerce fee: see R590-102-23.

 

R590-102-17[. Health Insurance Purchasing Alliance.

(1) Annual license fee:

(a) initial - due with application: $500;

(b) renewal - due by the due date on the invoice: $500;

(c) late renewal - due for any renewal paid after the date of the invoice: $550; and

(d) reinstatement - due with application for reinstatement: $550.

(2) E-commerce fee: see R590-102-23.

 

R590-102-18]. Continuing Care Provider.

(1) Annual registration fee:

(a) initial -[-] due with application: $6,900;

(b) renewal -[-] due by the due date on the invoice: $6,900;

(c) reinstatement -[-] due with application for reinstatement: $6,950.

(2) Disclosure statement:

(a) initial -[-] due with application: $600;

(b) renewal -[-] due with annual renewal disclosure statement: $600.

(3) E-commerce fee: see R590-102-23.

 

R590-102-[19]18. Guaranteed Asset Protection[Provider].

(1) Annual guaranteed asset protection provider registration fee per annual period:

(a) [Annual license fee:

(1) ]initial -[-] due with application: $1,000;

([2]b) renewal -[-] due by the due date on the invoice: $1,000; and

([3]c) late renewal -[-] due for any renewal paid after the date on the invoice: $1,050.

(2) Annual guaranteed asset protection retail seller assessment per annual period:

(a) annual assessment - due by the due date on the invoice: $50; and

(b) late fee - due for any retail seller assessment fee paid after the due date on the invoice: $50.

 

R590-102-[20]19. Continuing Education Fees.

(1) Annual continuing education provider license fees per annual license period:

(a) initial license fee - due with application: $250;

(b) renewal license fee if renewed prior to license expiration date - due with renewal application: $250;

(c) reinstatement license fee if inactive license is reinstated within one year following the license expiration date - due with application for reinstatement: $300.

(2) Continuing education course post-approval fee - due with request for approval: $5 per credit hour, minimum fee $25.

 

R590-102-[21]20. Non-electronic Processing or Payment Fees.

(1) Non-electronic filing processing fee - assessed on a non-electronic filing when the department has provided an electronic filing process and stated the electronic process is the preferred process for receiving a filing - due with each paper non-electronic filing or by the due date on the invoice: $5.

(2) Non-electronic application processing fee - assessed on a non-electronic application when the department has provided an electronic application process and stated the electronic process is the preferred process for receiving an application - due with each paper non-electronic application or by the due date on the invoice: $25.

(3) Non-electronic payment processing fee - assessed on a non-electronic payment when the department has provided an electronic payment process and stated the electronic process is the preferred process for receiving a payment - due with each non-electronic payment or by the due date on the invoice: $25.

 

R590-102-[22]21. Dedicated Fees.

The following are fees dedicated to specific uses:

(1)(a) annual fraud assessment fee as calculated under Section 31A-31-108 and stated in the invoice - due by the due date on the invoice;

(b) late fee -[-] due for any fraud assessment fee paid after the due date on the invoice: $50;

(2) annual title insurance regulation assessment fee as calculated under Section 31A-23a-415 and Rule R592-10 and stated in the invoice - due by the due date on the invoice;

(3) annual title assessment for the Title Recovery, Education, and Research Fund fee:

(a) individual title licensee applicant for initial license or renewal license - due with the initial application or the renewal application: $15;

(b) agency title licensee applicant - due with the initial application: $1,000;

(c) annual agency title licensee assessment based on annual written title insurance premium - due by the due date on the invoice:

(i) Band A: $0 to $1 million: $125;

(ii) Band B: more than $1 million to $10 million: $250;

(iii) Band C: more than $10 million to $20 million: $375;

(iv) Band D: more than $20 million: $500;

(4)(a) relative value study book fee - due when book purchased or by invoice due date: $10;

(b) annual health insurance actuarial review assessment fee as calculated under Section 31A-30-115 and stated in the invoice -[-] due by the due date on the invoice;

(5)(a) code book -[-] due when book purchased or by invoice due date: $57;

(b) mailing fee for books - due if book is to be mailed to purchaser: $3;

(6) fingerprint fee - due with application for individual license:

(a) Bureau of Criminal Investigation (BCI): $20; and

(b) Federal Bureau of Investigation (FBI): $12;

(7) annual health insurance actuarial review assessment fee as calculated under Section 31A-30-115 and stated in the invoice - due by the due[-]date on the invoice[;

(8) risk adjustment program insurer assessment per covered life per year: $0.96 as stated in the invoice -- due by the due date on the invoice].

 

R590-102-[23]22. Electronic Commerce Dedicated Fees.

(1) Electronic commerce, e-commerce, and internet technology services fee:

(a) admitted insurer and surplus lines insurer - due with the initial, annual, renewal, or reinstatement application: $75;

(b) captive insurer - due with the initial, annual renewal, or reinstatement application: $250;

(c) other organization including professional employer organization, continuing care provider, and life settlement provider - due with the initial, annual renewal, or reinstatement application: $50;

(d) continuing education provider - due with the initial, annual renewal, or reinstatement application: $20;

(e) agency - due with the initial, biennial renewal, or reinstatement application: $10; and

(f) [health insurance purchasing alliance - due with the initial, annual renewal, or reinstatement application: $10; and

(g) ]individual - due with the initial, biennial renewal, or reinstatement application: $5.

(2) Database access fees:

(a) information accessed through an electronic portal set up for that purpose - due when the department's database is accessed to input or acquire data: $3 per transaction;

(b) rate and form filing database access to an electronic public rate and form filing:

(i) a separate fee is assessed per line of insurance accessed (accident and health, life and annuity, or property-casualty);

(ii) each line of insurance accessed is charged the following fees:

(A) a base fee, which entitles the user up to 30 minutes of access, the assistance of staff during that time, and one DVD: $45;

(B) each additional 30 minutes of access time or fraction thereof, including the assistance of staff during that time: $45;

(iii) additional DVD: $2;

(iv) payment due at time of service or by the due date on the invoice.

 

R590-102-[24]23. Other Fees.

(1) Photocopy fee - per page: $0.50.

(2) Complete annual statement copy fee - per statement: $40.

(3) Fee for accepting service of legal process: $10.

(4) Fees for production of information lists regarding licensees or other information that can be produced by list:

(a) printed list, if the information is already in list format and only needs to be printed or reprinted: $1 per page;

(b) electronic list compiled by accessing information stored in the Department's database:

(i) a separate fee is assessed for each list compiled;

(ii) each list is assessed one or more of the following fees:

(A) a base fee, which entitles the requestor up to 30 minutes of staff time to draft the information query, compile the information, prepare a CD, and prepare a CD for mailing to the requestor -- due with request for information: $50[, due with request for information];

(B) each additional 30 minutes or fraction thereof to draft the information query, compile the information, prepare a CD, and prepare a CD for mailing to the requestor -[-] due by the due date on the invoice: $50;

(iii) additional CD -[-] due by the due date on the invoice: $1.

(5) Returned check fee: $20.

(6) Workers compensation loss cost multiplier schedule: $5.

(7) Address correction fee -[-] assessed when department has to research and enter new address for a licensee -[-] due by the due date on the invoice: $35.

(8) Independent Review Organization. Initial application fee -[-] due with application: $250.

(9) Withdrawal from writing a line of insurance or reducing total annual premium volume by 75% or more -[-] due with plan of orderly withdrawal submission: $50,000.

(10) Administrative disciplinary action removal from public access on Insurance Department controlled website -[-] due with application: $185.

 

R590-102-[25]24. Severability.

If any provision or clause of this rule or its application to any person or situation is held 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 fees

Date of Enactment or Last Substantive Amendment: [March 24, 2017]2018

Notice of Continuation: December 12, 2016

Authorizing, and Implemented or Interpreted Law: 31A-3-103

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