R592-15-6. Filing Requirements

  (1) A title insurer, agency title insurance producer, or individual title insurance producer who is not an employee of a title insurer or who is not designated to an agency title insurance producer shall electronically file a Schedule of Minimum Escrow Service Charges.

  (2) Only an individual who is authorized to act on behalf of the insurer, agency title insurance producer or individual title insurance producer can submit a filing.

  (3)(a) An initial Schedule of Minimum Charges for Escrow Services filing is a file and use filing and is effective the day the initial schedule is filed.

  (b) A revised Schedule of Minimum Charges for Escrow Services filing is a file before use filing and is effective:

  (i) 30 calendar days after the revised Schedule of Minimum Charges for Escrow Services is filed; or

  (ii) a date specified by the filer that is later than 30 calendar days after the revised Schedule of Minimum Charges for Escrow Services is filed.

  (4) All filings must be submitted as an electronic filing via:

  (a) email; or

  (b) SERFF.

  (5) Email Filing: A complete email filing consists of the following:

  (a) an email with a title showing the name of the filer and stating that it is an escrow rate filing;

  (b) Utah Transmittal Document for Agency Title Insurance Producer or Individual Title Insurance Producer, completed and containing the following items in the following order:

  (i) completed filing description, contained in Section 9 of the transmittal document, with the following information presented in the order shown.

  (A) Certification.

  (I) The filer must certify that a filing has been properly completed AND is in compliance with Utah laws and rules.

  (II) The following statement must be included in the filing description: "BY SUBMITTING THIS FILING I CERTIFY THAT THE ATTACHED FILING HAS BEEN COMPLETED IN ACCORDANCE WITH UTAH ADMINISTRATIVE RULE R592-15 AND IS IN COMPLIANCE WITH APPLICABLE UTAH LAWS AND RULES".

  (III) A filing will be rejected if the certification is false, missing, or incomplete.

  (IV) a certification that is false may subject the licensee to administrative action.

  (B) Indicate if the filing is:

  (I) new;

  (II) replacing or modifying a previous submission, with changes described;

  (III) previously rejected, with reasons for rejection and previous filing's submission date; or

  (IV) previously objected to or prohibited, with reasons for resubmission.

  (c) Schedule of Minimum Charges for Escrow Services, completed as follows:

  (i) all blank fields must be completed;

  (ii) if a listed service is not performed by a licensee, the field must show "N/A" or "Not Applicable"; and

  (iii) The Schedule of Minimum Charges for Escrow Services shall not be altered.

  (d) Letter of Authorization.

  (i) When the filer is not the licensee, a Letter of Authorization from the licensee must be attached.

  (ii) The licensee remains responsible for making sure that the filing is in compliance with Utah laws and rules.

  (e) As required by subsection 31A-19a-203(1)(e)(i), the rate filing fee must be received by the department within 5 days of the electronic submission or the filing will be rejected.

  (6) SERFF Filing. A complete SERFF filing consists of the following:

  (a) The completed description section on the general information tab, presented in the order shown below.

  (i) Certification.

  (A) The filer must certify that a filing has been properly completed AND is in compliance with Utah laws and rules.

  (B) The following statement must be included in the filing description: "BY SUBMITTING THIS FILING I CERTIFY THAT THE ATTACHED FILING HAS BEEN COMPLETED IN ACCORDANCE WITH UTAH ADMINISTRATIVE RULE R592-15 AND IS IN COMPLIANCE WITH APPLICABLE UTAH LAWS AND RULES".

  (C) A filing will be rejected if the certification is false, missing, or incomplete.

  (D) A certification that is false may subject the licensee to administrative action.

  (ii) Indicate if the filing is:

  (A) new;

  (B) replacing or modifying a previous submission, with changes described;

  (C) previously rejected, with reasons for rejection, and previous filing's submission date; or

  (D) previously objected to or prohibited, with reasons for resubmission.

  (b) Schedule of Minimum Charges for Escrow Services completed as follows, and attached to the rate/rule schedule tab:

  (i) all blank fields must be completed;

  (ii) if a listed service is not performed by a licensee, the field must show "N/A" or "Not Applicable"; and

  (iii) The Schedule of Minimum Charges for Escrow Services shall not be altered.

  (c) Letter of Authorization.

  (i) When the filer is not the licensee, a Letter of Authorization from the licensee must be attached.

  (ii) The licensee remains responsible for making sure that the filing is in compliance with Utah laws and rules.

  (d) As required by subsection 31A-19a-203(1)(e)(i), the rate filing fee must be received by the department within 5 days of the electronic submission or the filing will be rejected.