R428-2-10. Exemptions and Extensions

  (1) The committee may grant exemptions or extensions from reporting requirements in Title R428 to data suppliers under certain circumstances.

  (2) The committee may grant an exemption to a data supplier when the supplier demonstrates that compliance imposes an unreasonable cost.

  (a) A data supplier may request an exemption from any particular requirement or set of requirements of Title R428. The data supplier must submit a request for exemption no less than 30 calendar days before the date the supplier would have to comply with the requirement.

  (b) The committee may grant an exemption for a maximum of one calendar year. A data supplier wishing an additional exemption must submit an additional, separate request.

  (3) The committee may grant an extension to a data supplier when the supplier demonstrates that technical or unforeseen difficulties prevent compliance.

  (a) A data supplier may request an extension for any deadline required in Title R428. For each deadline for which the data supplier requests an extension, the data supplier must submit its request no less than seven calendar days before the deadline in question.

  (b) The committee may grant an extension for a maximum of 30 calendar days. A data supplier wishing an additional extension must submit an additional, separate request.

  (4) The supplier requesting an extension or exemption shall include:

  (a) The data supplier's name, mailing address, telephone number, and contact person;

  (b) the dates the exemption or extension is to start and end;

  (c) a description of the relief sought, including reference to specific sections or language of the requirement;

  (d) a statement of facts, reasons, or legal authority in support of the request; and

  (e) a proposed alternative to the requirement or deadline.

  (5) A carrier that covers fewer than 2,500 individual Utah residents as of January 1 of a given year is exempt from all requirements of this title except that once a carrier has covered a cumulative total of 2,500 such individuals during a calendar year, they are no longer considered exempt for the remainder of that year.

  (6) A stand-alone dental carrier that covers fewer than 20,000 individual Utah residents as of January 1 of a given year is exempt from all requirements of this title except that once a stand-alone dental carrier has covered a cumulative total of 20,000 such individuals during a calendar year, they are no longer considered exempt for the remainder of that year.