No. 40457 (Amendment): Rule R590-160. Administrative Proceedings

(Amendment)

DAR File No.: 40457
Filed: 05/31/2016 02:58:43 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the change is to allow electronic service and filing in administrative proceedings, rather than requiring all service and filing to be done by hard copy. It also updates Section R590-160-11, "Severability".

Summary of the rule or change:

The rule change adds language that allows service and filing in administrative proceedings to be done electronically, rather than only by hard copy. It also sets forth the method for serving or filing electronically. In addition, Section R590-160-11, "Severability", is updated to current language.

State statutory or constitutional authorization for this rule:

• Subsection 63G-4-203 (1)
• Subsection 31A-2-201(3)(a)
• Subsection 63G-4-102(6)

Anticipated cost or savings to:

the state budget:

There will be a savings to state budget. Service and filing in administrative proceedings previously had to be done by a process server, which costs approximately $50, or by mail, which costs $0.50 per mailing. It can now be done via email.

local governments:

There is no expected cost or savings to local governments because the rule governs administrative proceedings involving the state government.

small businesses:

Small businesses could see a savings if they routinely service and file administrative proceedings. Service and filing in administrative proceedings previously had to be done by a process server, which costs approximately $50, or by mail, which costs $0.50 per mailing. It can now be done via email.

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

Persons or businesses that service and file administrative proceedings could see some savings. Service and filing in administrative proceedings previously had to be done by a process server, which costs approximately $50, or by mail, which costs $0.50 per mailing. It can now be done via email.

Compliance costs for affected persons:

There are no compliance costs for any affected persons. The rule change allows flexibility in service and filing of administrative proceedings but makes no new requirements.

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

Businesses that often perform service or filing of administrative proceedings may see some cost savings as a result of this rule change. It will have no impact on the majority of businesses.

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:

07/15/2016

This rule may become effective on:

07/22/2016

Authorized by:

Steve Gooch, Information Specialist

RULE TEXT

R590. Insurance, Administration.

R590-160. Administrative Proceedings.

R590-160-5.5. Electronic Filing and Service of Documents in Formal and Informal Proceedings.

(1) Filing with or service on the Commissioner or a presiding officer may be accomplished by sending a copy of the document in .pdf format to [e-mail].

(2) Filing with or service on the Department may be accomplished by sending a copy of the document in .pdf format to the Department's current email address as set forth in a document filed by the Department in the subject proceeding.

(3) Filing with or service on a licensee may be accomplished by sending a copy of the document in .pdf format to the current email address provided by the licensee to the Department under Utah Code Subsection 31A-23a-412(1).

(4) Filing with or service on a party's representative may be accomplished by sending a copy of the document in .pdf format to the representative's current email address set forth in a document filed by the representative in the subject proceeding.

(5)(a) Documents electronically filed or served shall be signed by a party or its representative and shall contain a signed certificate stating the date of electronic filing or service.

(b) An electronically filed or served document may be signed using any lawfully recognized signature, including an electronic signature, which is any electronic symbol or other digital form adopted by the person with the intent to sign the document.

 

R590-160-11. Severability.

If any provision of this rule or its application to any person or [situation]circumstance is for any reason held to be invalid, [that invalidity shall not affect any other provision or application of this rule which can be given effect without the invalid provision or application, and to this end the provisions of this rule are severable]the remainder of the rule and the application of the provision to other persons or circumstances shall not be affected thereby.

 

KEY: insurance

Date of Enactment or Last Substantive Amendment: [August 28, 2013]2016

Notice of Continuation: September 30, 2013

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

 

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