No. 43067 (5-year Review): Rule R590-186. Bail Bond Surety Business

DAR File No.: 43067
Filed: 07/10/2018 05:18:11 PM

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:

Section 31A-35-104 requires the Insurance Commissioner to adopt specific licensure and certification guidelines and standards of conduct for the bail bond business. Subsection 31A-35-301(1) authorizes the Insurance Commissioner to adopt rules necessary to administer Title 31A, Chapter 35. Subsection 31A-35-401(1)(c) authorizes the Insurance Commissioner to adopt rules governing the granting of licenses for bail bond surety companies. Subsection 31A-35-401(2) authorizes the Insurance Commissioner to require additional information from bail bond applicants applying for licensure. Subsection 31A-35-406(1)(b) authorizes the Insurance Commissioner to establish the annual renewal date for the renewal of a license as a bail bond surety company. This rule establishes uniform criteria and procedures for the initial and renewal licensing of a bail bond surety company, and sets standards of conduct for those in the bail bond surety business in Utah.

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 of Insurance has received no written comments regarding this rule during 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 requires the Insurance Commissioner to adopt, by rule, specific licensure and certification guidelines and standards of conduct for the business of bail bond surety insurance. This rule also specifies certain conduct that is considered to be unprofessional and in violation of the Insurance Code. This is an important rule in training and regulating bail licensees in their conduct and licensure. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Office 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]

Effective:

07/10/2018

Authorized by:

Steve Gooch, Information Specialist

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