No. 41729 (5-year Review): Rule R590-149. Americans with Disabilities Act (ADA) Grievance Procedures

DAR File No.: 41729
Filed: 06/05/2017 11:20:23 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:

The purpose of this rule is to implement the provisions of 28 CFR 35 and Title II of the Americans with Disabilities Act, which provides that no individual shall be excluded from participation in or be denied the benefits of the services, programs, or activities of the Insurance Department, or be subjected to discrimination by the department because of a disability. Subsection 63G-3-201(3) requires rulemaking when the department issues a written interpretation of a state or federal legal mandate. Subsection 31A-2-201(3)(a) authorizes the commissioner to write rules to implement the provisions of the Insurance Code, Title 31A.

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 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:

It is important that this rule be continued because it provides that no qualified individual with a disability, by reason of such disability, be excluded from participation in or the benefits of the services, programs, and activities of the Insurance Department. The rule needs to remain in force so that the department will be in compliance with the federal Americans with Disabilities Act.

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:

06/05/2017

Authorized by:

Steve Gooch, Information Specialist

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