Correction to the Filing on Rule R590-160, Administrative Proceedings, Published in the February 1, 2010, Bulletin Under DAR No. 33317

The Department of Insurance published an amendment to Rule R590-160 in the February 1, 2010, issue of the Utah State Bulletin (2010-03, pg. 46) under DAR No. 33317. Due to an error, Section R590-160-7 was not included but did have a change in the text. The change is nonsubstantive and is being processed under DAR No. 33467 as a nonsubstantive change. Nonsubstantive changes are not printed in the Utah State Bulletin but the text is being included in this notice.

The text is reproduced below.

R590. Insurance, Administration.

R590-160. Administrative Proceedings.

 

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R590-160-7. Rules Applicable to Informal Proceedings.

(1) An informal proceeding may be commenced by the department by issuing a Notice of Informal Proceeding and Order in cases when it appears to the department that[there are] no disputed issues exist or in matters of technical or minor violation of the code. The Order shall be based upon the information contained in the files of the department, or known to the commissioner, and shall constitute a "proposed order" that shall become final 15 days after delivery or mailing to the respondent unless a written request for a hearing is received in the offices of the department prior to the expiration of 15 days.

(2) Failure to request a hearing in an informal adjudicative proceeding will be considered a failure to exhaust administrative remedies.

(3) When a hearing is requested in an informal adjudicative proceeding, including a request for a hearing upon the denial of an application for a license or certificate of authority, or a petition to remove an existing disability, or an order disapproving a rate or prohibiting the use of a form, a Notice of Hearing shall be issued stating the matters to be decided and giving notice of the date, time and place of an informal hearing to be held.

(4) An informal hearing shall not be of record. At an informal hearing, the presiding officer may receive testimony, proffers of evidence, affidavits and arguments relating to the issues to be decided and may issue subpoenas requiring the attendance of witnesses or the production of necessary evidence.

(5) At the close of the informal hearing, the presiding officer shall issue an order based upon evidence in the department files and the evidence or proffers of evidence received at the informal hearing. The order shall be final on the date the order is issued unless otherwise provided in the order.

 

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KEY: insurance

Date of Enactment or Last Substantive Amendment: 2010

Notice of Continuation: November 25, 2003

Authorizing, and Implemented or Interpreted Law: 31A-2-201; 63G-4-102; 63G-4-203

For questions regarding this notice, contact Nancy Lancaster at 801-538-3218, or FAX at 801-359-0759, or email at [e-mail].

 

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