No. 36547 (Amendment): Section R873-22M-42. Issuance of Nonrepairable Certificate in Certain Circumstances Pursuant to Utah Code Ann. Section 41-1a-1005.5

(Amendment)

DAR File No.: 36547
Filed: 07/26/2012 03:50:40 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

S.B. 260 (2012 General Session) creates a "nonrepairable certificate" for certain vehicles and requires the Tax Commission to make rules establishing how an insurance company shall prove it meets the statutory requirements to receive a nonrepairable certificate.

Summary of the rule or change:

The proposed section indicates the documents and information an insurance company must submit with an application for a nonrepairable certificate to prove that it meets the statutory requirements to receive a nonrepairable certificate.

State statutory or constitutional authorization for this rule:

• Section 41-1a-1005.5

Anticipated cost or savings to:

the state budget:

None--Any fiscal impact was considered in S.B. 260 (2012 General Session).

local governments:

None--Any fiscal impact was considered in S.B. 260 (2012 General Session).

small businesses:

None--Any fiscal impact was considered in S.B. 260 (2012 General Session).

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

None--Any fiscal impact was considered in S.B. 260 (2012 General Session).

Compliance costs for affected persons:

None--The proposed rule indicates the documents and information an insurance company must submit with an application for a nonrepairable certificate to prove that it meets the statutory requirements to receive a nonrepairable certificate.

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

This proposal in response to legislative action creates no new fiscal impact.

Michael Cragun, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Tax Commission
Motor Vehicle
210 N 1950 W
SALT LAKE CITY, UT 84134

Direct questions regarding this rule to:

• Christa Johnson at the above address, by phone at 801-297-3901, by FAX at 801-297-3907, 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:

09/14/2012

This rule may become effective on:

09/21/2012

Authorized by:

Michael Cragun, Tax Commissioner

RULE TEXT

R873. Tax Commission, Motor Vehicle.

R873-22M. Motor Vehicle.

R873-22M-42. Issuance of Nonrepairable Certificate in Certain Circumstances Pursuant to Utah Code Ann. Section 41-1a-1005.5.

(1) Subject to Subsection (3), an insurance company shall receive a nonrepairable certificate in the insurance company's name if the insurance company provides the commission:

(a) evidence that the insurance company has declared a particular vehicle a nonrepairable vehicle; and

(b) a copy of the check issued to the registered owner of the vehicle; and

(c)(i) the properly endorsed certificate of title, or other evidence of ownership acceptable to the Motor Vehicle Division; or

(ii) a copy of at least two letters the insurance company has mailed to the registered owner of the vehicle and any lien holder of that vehicle requesting:

(A) in the case of an insurance company that has not received a certificate of title from the registered owner of the vehicle, a copy of the certificate of title or other evidence of ownership; or

(B) in the case of an insurance company that has received an improperly endorsed certificate of title from the registered owner of the vehicle, correction of the improperly endorsed certificate of title.

(2) The information described in Subsection (1) shall accompany the Application for Utah Title.

(3) If the requirements of Subsections (1) and (2) are satisfied, the Motor Vehicle Division shall issue a nonrepairable certificate to an insurance company:

(a) in the case of an insurance company that has not received a certificate of title from the registered owner of the vehicle, no sooner than 30 days from the settlement of the loss; or

(b) in the case of an insurance company that has received an improperly endorsed certificate of title from the registered owner of the vehicle, no sooner than 30 days from the insurance company's receipt of an improperly endorsed certificate of title.

 

KEY: taxation, motor vehicles, aircraft, license plates

Date of Enactment or Last Substantive Amendment: [August 11, 2011]2012

Notice of Continuation: January 3, 2012

Authorizing, and Implemented or Interpreted Law: 41-1a-102; 41-1a-104; 41-1a-108; 41-1a-116; 41-1a-211; 41-1a-215; 41-1a-214; 41-1a-401; 41-1a-402; 41-1a-411; 41-1a-413; 41-1a-414; 41-1a-416; 41-1a-418; 41-1a-419; 41-1a-420; 41-1a-421; 41-1a-422; 41-1a-522; 41-1a-701; 41-1a-1001; 41-1a-1002; 41-1a-1004; 41-1a-1005; 41-1a-1009 through 41-1a-1011; 41-1a-1101; 41-1a-1209; 41-1a-1211; 41-1a-1220; 41-6-44; 53-8-205; 59-12-104; 59-2-103; 72-10-109 through 72-10-112; 72-10-102

 

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