No. 38794 (5-year Review): Rule R590-129. Unfair Discrimination Based Solely Upon Blindness or Physical or Mental Impairment

DAR File No.: 38794
Filed: 08/20/2014 11:37:25 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:

Subsection 31A-2-201(3)(a) authorizes the commissioner to make rules to implement the provisions of Title 31A. Subsection 31A-23a-402(8) authorizes the commissioner to define by rule, after a finding of fact, any marketing practices that are unfair, deceptive, discriminatory, etc. This rule prohibits discrimination in all new and renewal insurance contracts based on blindness or physical or mental impairment.

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 regarding this rule in the last 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 for consumers and insurers and allows the department to regulate against unfair and discriminatory transactions between insurers and consumers. Repealing this rule could give the impression that the department does not care about unfair discrimination based on physical and mental impairments.

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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