No. 38606 (5-year Review): Rule R592-7. Title Insurance Continuing Education Program

DAR File No.: 38606
Filed: 06/13/2014 11:09:04 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-2-404(2)(a) and (g) direct the Title and Escrow Commission to make rules for the administration of the provisions in this title related to title insurance and the approval of continuing education (CE) programs related to title insurance.

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 received one written comment from Hunter Finch of GOMB in the past five years. Hunter thought the citation "31A-2-402(3)" used in the "Definition" section of the rule was incorrect. Mr. Finch was right and a nonsubstantive change was made to correct the rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The rule delegates from the Commission to the commissioner the provisional authority to approve CE programs related to title insurance. The rule also sets up a process for the Commission to review and approve or disapprove the CE course report. The rule sets a procedure to follow in the event the Commission disapproves any of the approved courses. It is important to allow the Department to provide this service for the Commission to alleviate the burden from the Commission who may not know all the rules and have the time to delegate to this process. It is important to leave this duty with the Department since they have a process and the personnel in place to review, approve or disapprove CE courses in a timely and efficient way. 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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