No. 35642 (5-year Review): Rule R590-142. Continuing Education Rule

DAR File No.: 35642
Filed: 01/10/2012 10:06:00 AM

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 following code references give the commissioner the authority to do the following in conjunction with this rule: Subsection 31A-2-201(3) provides authority to implement the provisions of Title 31A, the Utah Insurance Code; Subsection 31A-23a-202(1) provides authority to prescribe the continuation requirements for a producer and a consultant; Subsection 31A-23a-202(5) provides authority to prescribe the processes and procedures for continuing education provider registration and course approval; Subsection 31A-26-206(1) provides authority to prescribe the continuing education requirements for an adjuster; and Subsection 31A-35-401.5 provides authority to implement the continuing education requirement for renewal of a bail bond producer license. Currently the rule is being amended adding a new authority section, 31A-30-209. This section authorizes the commissioner to adopt a rule to implement the continuing education (CE) requirements for a defined contribution market. As a result wording is being added to the rule that provides these requirements.

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The department has repealed and reenacted this rule recently and made two nonsubstantive changes to the rule. Only one written comment was received during the comment periods and within the past five years and that was to correct an incorrect code reference. This correction was made via a nonsubstantive change, DAR No. 35180. Regarding current changes being made to the rule in DAR No. 35543, no comments have been received so far.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule is important because it specifies how CE courses are approved by the department. The rule also sets standards for the issuance and filing of the certificate for CE credit. This rule makes clear the standards all licensees must meet in order to receive the CE hours required by law. It also helps build the professionalism of those that work in the insurance industry and improves the accuracy of insurance information delivered to consumers. 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
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

Effective:

01/10/2012

---