No. 38607 (5-year Review): Rule R592-8. Application Process for an Attorney Exemption for Agency Title Insurance Producer Licensing

DAR File No.: 38607
Filed: 06/13/2014 11:11:11 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:

This rule was created by the Title and Escrow Commission. Section 31A-2-404 authorizes the Commission to make rules for the administration of the provisions in this title related to title insurance. Section 31A-23a-204 authorizes the Commission to make a rule to exempt attorneys with real estate experience from the three-year licensing requirement to license an agency title insurance producer.

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 received no written comments regarding 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 delegates the preliminary process of approving or denying requests from an attorney for exemption from the licensing requirement in Subsection 31A-23a-204(1)(a). The rule also provides a process to apply for the exemption request and to appeal a denial of the request. Without this rule the Commission would be responsible for the handling of attorney exemptions, which they would be unable to do on their own without a budget to hire people to handle. This rule is also necessary in providing attorneys with the process of filing for an exemption and appealing a denial if that should occur. 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
Title and Escrow Commission
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]

Effective:

06/13/2014

Authorized by:

Todd Kiser, Commissioner

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