Utah Admin. Code 590-274-4

Current through Bulletin 2024-19, October 1, 2024

Section R590-274-4 - General Filing Information

(1)

(a) A filing shall be accurate, consistent, complete, and contain all required documents.

(b) The commissioner may request additional information, as necessary.

(2) A filer is responsible for assuring that a filing is compliant.

(3) A filing that is not compliant will be rejected and returned to the filer.

(4) A rejected filing:

(a) is not considered filed;

(b) shall not be used;

(c) shall be submitted as a new filing; and

(d) may not be reopened for purposes of resubmission.

(5) A prior filing will not be researched to determine the purpose of the current filing.

(6) The department does not review every filing.

(a) A filing may be reviewed:

(i) when submitted;

(ii) when a complaint is received;

(iii) during a regulatory examination or investigation; or

(iv) when the commissioner considers a review necessary.

(b) If a filing is reviewed and is found not complaint, the commissioner:

(i) shall issue a filing objection letter or an order to prohibit use; and

(ii) may require an insurer to disclose deficiencies in a form or rating practice to each affected consumer.

(7) Correcting a Filing.

(a) A correction to a filing in a review status may be made at any time.

(b) A correction to a filing in a closed status:

(i) may not be made;

(ii) requires a new filing; and

(iii) shall reference the original filing in the filing description of the new filing.

(8) Response to a Filing Objection Letter. A response to a filing objection letter shall include:

(a) an explanation identifying each change;

(b) an underline and strikeout version of each revised document; and

(c) a final version of each revised document incorporating all changes.

(9) Response to an Order to Prohibit Use.

(a) An order to prohibit use becomes final 15 days after the date of the order.

(b) Use of a filing shall be discontinued no later than the date specified in the order.

(c) To contest an order to prohibit use, a written request for a hearing shall be submitted no later than 15 days after the date of the order.

(d) A new filing is required if the filer chooses to make the requested changes addressed in the filing objection letter, and shall reference the previously prohibited filing.

(10) A filer shall notify the department when withdrawing a previously filed form.

(11) A filing that is withdrawn may not be used.

Utah Admin. Code R590-274-4

Adopted by Utah State Bulletin Number 2017-18, effective 8/23/2017

Adopted by Utah State Bulletin Number 2023-15, effective 7/25/2023