No. 40158 (Amendment): Section R590-228-9. Correspondence and Status Checks

(Amendment)

DAR File No.: 40158
Filed: 01/28/2016 03:15:36 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose for the change is to remove an outdated section governing correspondence and add a new section regarding protected documents.

Summary of the rule or change:

The change removes the current section, "Correspondence and Status Checks", which has been determined to be outdated. In its place, the rule substitutes a new section, "Classification of Documents". This new section sets forth what information can be classified as protected under Section 63G-2-305 (GRAMA) and delineates the process for requesting protected status for certain documents.

State statutory or constitutional authorization for this rule:

• Section 31A-22-807
• Section 31A-2-201.1
• Subsection 31A-2-202(2)
• Subsection 31A-2-201(3)

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to state budget. The Insurance Department has processes in place to review requests for protected status. The addition of the new section to this rule merely codifies the procedure.

local governments:

There is no anticipated cost or savings to local government. The rule governs how companies that submit credit life or credit accident and health forms and rate filings can have certain information classified as protected.

small businesses:

There is no anticipated cost or savings to small businesses. The rule governs how companies that submit credit life or credit accident and health forms and rate filings can have certain information classified as protected.

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

There is no anticipated cost or savings to any other persons. The rule governs how companies that submit credit life or credit accident and health forms and rate filings can have certain information classified as protected. Companies already file requests for protected status as a matter of course; this rule merely codifies the procedure.

Compliance costs for affected persons:

There are no compliance costs for affected persons. There are no costs associated with this rule amendment.

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

The Utah Insurance Department complies and has complied with the law as set forth in Section 63G-2-305. The substitution in this rule merely codifies the department's procedures with respect to classifying records as protected. There will be no fiscal impact because procedures are already in place and in use.

Todd E. Kiser, Commissioner

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:

• 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:

03/16/2016

This rule may become effective on:

03/23/2016

Authorized by:

Steve Gooch, Information Specialist

RULE TEXT

R590. Insurance, Administration.

R590-228. Submission of Credit Life and Credit Accident and Health Insurance Form and Rate Filings.

R590-228-9. [Correspondence and Status Checks.

(1) Correspondence. When corresponding with the department, provide sufficient information to identify the original filing:

(a) type of insurance;

(b) date of filing;

(c) form numbers; and

(d) SERFF tracking number.

(2) Status Checks.

(a) A complete filing is usually processed within 45 days of receipt.

(b) A filers can request the status of its filing 60 days after the date of submission. A response will not be provided to a status request prior to 60 days.] Classification of Documents.

(1) In accordance with Section 63G-2-305, the only information the commissioner may classify as protected is:

(a) information deemed to be a trade secret. Trade secret means information, including a formula, pattern, compilation, program, device, method, technique, or process that:

(i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and

(ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy; or

(b) commercial information and non-individual financial information obtained from a person if:

(i) disclosure of the information could reasonably be expected to result in unfair competitive injury to the person submitting the information or would impair the ability of the commissioner to obtain necessary information in the future; and

(ii) the person submitting the information has a greater interest in prohibiting access than the public has in obtaining access.

(2) The person submitting the information under Subsection (1)(a) or (b) and claiming that such is or should be protected shall provide the commissioner with the information in Subsection 63G-2-309(1)(a)(i).

(a) The filer shall request protected classification for the specific document the filer believes qualifies under Subsections 63G-2-305(1) or (2) when the filing is submitted; and

(b) the request shall include a written statement of reasons supporting the request that the information should be classified as protected.

(3) Once the filing has been received, the commissioner will review the documents the filer has requested to be classified as protected to determine if the request meets the requirements of Subsections 63G-2-305(1) or (2).

(a) If all the information in the document meets the requirements for being classified as protected and the required statement is included, the document will be classified as protected and the information will not be available to the public.

(b) If all the information in the document does not meet the requirements for being classified as protected, the commissioner will notify the filer of the denial, the reasons for the denial, and the filer's right to appeal the denial. The filer has 30 days to appeal the denial as allowed by Section 63G-2-401.

(c)(i) Despite the denial of protected classification, the commissioner shall treat the information as if it had been classified as protected until:

(A) the 30 day time limit for an appeal to the commissioner has expired; or

(B) the filer has exhausted all appeals available under Title 63G, Chapter 2, Part 4 and the document has been found to be a public document.

(ii) During the 30 day time limit to appeal or during the appeal process, the filer may withdraw:

(A) the filing; or

(B) the request for protected classification.

(d) If the filer combines, in a document, information it wishes to be classified as protected with information that is public, the document will be classified as public.

 

KEY: credit insurance filings

Date of Enactment or Last Substantive Amendment: [November 19, 2009]2016

Notice of Continuation: March 18, 2014

Authorizing, Implemented, or Interpreted Law: 31A-2-201; 31A-2-201.1; 31A-2-202

 

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