R590. Insurance,
Administration. (Effective 1-8-04)
R590-187. Assessment of Title Insurance Agencies and Title Insurers for Costs
Related to Regulation of Title Insurance
R590-187-1. Authority.
This rule is promulgated by the commissioner pursuant to
Subsections 31A-2-201(3) and 31A-23a-415(2)(d).
R590-187-2. Purpose.
The purpose of this rule
is:
(1) to establish the costs and expenses incurred by the department in
administering, investigating and enforcing the provisions of Title 31A, Chapter
23a, Parts IV and V related to the marketing of
title insurance;
(2) to determine a filing date for each title insurance agency or insurer to
report to the commissioner the number of counties in which a title insurance
agency or a title insurer maintains offices;
(3) to establish a deadline for the payment of the assessment; and
(4) to determine the premium year used in calculating the assessment of
title insurers.
R590-187-3. Scope.
This rule applies to all title insurers, and title insurance agencies.
R590-187-4. Definitions.
For the purpose of the rule the commissioner adopts the definitions as set
forth in Section 31A-1-301, and the following:
(1) “Office” means headquarters of an agency or company.
(2) “Branch Office” means local or area office of the headquarters of an
agency or company.
R590-187-5. Costs and Expenses.
(1) The
amount of costs and expenses that will be covered by the assessment imposed by 31A-23a-415
for any fiscal
year in which an assessment exists will consist of the salary and state paid
benefits; travel expenses, including daily vehicle expenses; computer
hardware and software expenses; e-commerce expenses and wireless communications
expenses for a Market Conduct Examiner I as determined
by the department's budget as approved by the Utah State Legislature and
would include any salary increases or increases in benefits.
R590-187-6. Reporting of Counties.
(1) A title insurance agency and title insurer shall deliver a Branch Office Report to
the commissioner within 30 days of the opening or closing of any office, of any
change of address, or a change in branch manager.
(2) A Branch Office Report form is available from the department,
or from the department’s web page. This form shall be utilized in reporting the office information
required by this rule.
R590-187-7. Title Insurer Assessment.
The title insurance assessment shall be calculated using
direct premiums written during the preceding calendar year. The direct premiums
written shall be taken from the insurer's annual statements for that
year.
R590-187-8. Assessment Payment Deadline.
(1) Payment.
(a) Checks shall be made payable to the Utah Insurance Department. A check
that is dishonored in the process of the collection will not constitute payment
of the fee for which it was issued and any action taken pursuant to the fee
payment will be negated. Any late fees or penalties will apply until proper
payment is made. Tender of a check to the department, that is subsequently
dishonored, is a violation of this rule.
(b) Cash payments. The department is not responsible for un-receipted cash
that is lost or mis-delivered.
(c) Electronic payments.
(i) Credit Card. Credit cards may be used to pay any fee due to the
department. Credit card payments that are dishonored will not constitute
payment of the fee and any action taken based on the payment will be negated.
Late fees and other penalties, resulting from the negated action, will apply
until proper payment is made. A credit card payment that is dishonored is a
violation of this rule.
(ii) Automated clearinghouse (ACH). Payers or purchasers desiring to use
this method must contact the department for the proper routing and transit
information. Payments that are made in error to another agency or that are not
deposited into the department’s account will not constitute payment of the fee
and any action taken based on the payment will be negated. Late fees and other
penalties resulting from the negated action will apply until proper payment is
made. An ACH payment that is dishonored is a violation of this rule.
R590-187-9. Enforcement Date.
The commissioner will begin enforcing the revised provisions of this rule 45
days from the rule's effective date.
R590-187-10. Severability.
If any provision or clause
of this rule or its application to any person or situation is held invalid, that
invalidity will not affect any other provision or application of this rule which
can be given effect without the invalid provision or application, and to this
end the provisions of this rule are declared to be severable.
KEY: title insurance
2004
31A-2-201
31A-23a-415
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