No. 38793 (5-year Review): Rule R590-83. Unfair Discrimination on the Basis of Sex or Marital Status

DAR File No.: 38793
Filed: 08/20/2014 11:36:09 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:

Subsections 31A-2-201(2) and (3) authorize the commissioner to make rules to implement the provisions of Title 31A. The specific rulemaking authority is in Subsection 31A-23a-402(8) which gives the commissioner the authority to define unfair business practices by rule after a finding that practices are misleading, deceptive, unfairly discriminatory, etc. This rule prohibits discrimination in all new and renewal insurance contracts based solely on sex or marital status.

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 not received any written comments 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 should be continued in-force because it provides important protection to consumers allowing the department to regulate against unfair and discriminatory transactions between insurers and consumers. Repealing this rule could give the impression that the department is not concerned about unfair discrimination based on sex and marital status.

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:

• 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:

08/20/2014

Authorized by:

Todd Kiser, Commissioner

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