No. 32961 (5-year Review): Rule R590-127. Rate Filing Exemptions

DAR File No.: 32961
Filed: 09/10/2009 03:08:05 PM

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:

The general rulemaking authority for this rule comes from Subsection 31A-2-201(3), which authorizes the commissioner to make rules to implement the provisions of Title 31A of the Utah Code. Specific rulemaking authority comes from Section 31A-19a-103 authorizing the commissioner to write rules to exempt a person, persons, or market segment from any part of Chapter 19a. This rule exempts from the rate filing requirements in Section 31A-19a-203, (a) rates, the process of developing (a) rates, special risk rating, commercial excess and umbrella liability insurance.

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 department has received no written comments regarding this rule in 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:

There are four key reasons for continuing this rule in force: 1) it clarifies Section 31A-19a; 2) it exempts certain lines of insurance from filing rates; 3) it puts a limitation on scheduled rating plans; and 4) it provides definitions for (a) rates, excess insurance, individual risk filing, self-insured retention, and umbrella liability insurance. Therefore, this rule should be continued.

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

Insurance
Administration
450 N MAIN ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Jilene Whitby at the above address, by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at [e-mail]

Effective:

09/10/2009

Authorized by:

Jilene Whitby, Information Specialist

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