No. 27449: R590-129. Unfair Discrimination Based Solely Upon Blindness or Physical or Mental Impairment

DAR File No.: 27449
Filed: 09/28/2004, 09:54
Received by: NL

 

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:

This rule gets its authority from Subsection 31A-2-201(1) and 31A-2-201(3), which authorizes the commissioner to make rules to implement the provisions of Title 31A of the Utah Code. The specific rulemaking authority comes from the Marketing Practices part of the code, which was Subsection 31A-23-302(8) but is now Subsection 31A-23a-402(8). The revised numbering of this part of the code was a result of H.B. 374, which was passed in 2003. This legislation did not change the language in Subsection 31A-23a-402(8) only the Part of the chapter it was located in. Subsection 31A-23a-402(8) gives the commissioner the authority to define unfair business practices by rule after a finding that it is misleading, deceptive, unfairly discriminatory, etc. This rule prohibits discrimination in all new and renewal insurance contracts based solely on the basis of sex or marital status. (DAR NOTE: H.B. 374 is found at UT L 2003 Ch 298, and was effective 05/05/2003.)

 

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 not received any written comments on 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:

This rule should be continued in force because it provides important protection for consumers and insurers and allows the department to regulate against unfair and discriminatory transactions between insurers and consumers. Allowing this rule to expire could give the impression that the department does not care about unfair discrimination based on physical and mental impairments.

 

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

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]

 

Authorized by:

Jilene Whitby, Information Specialist