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31A-19a-302. Licensing of rate service organizations.

  • (1) A rate service organization applying for a license shall include with its application:
    • (a) a copy of its constitution, charter, articles of organization, agreement, association, or incorporation, and a copy of its bylaws, plan of operation, and any other rules or regulations governing the conduct of its business;
    • (b) a list of its members and subscribers;
    • (c) the name and address of one or more residents of Utah upon whom notices, processes affecting it, or orders of the commissioner may be served;
    • (d) a statement explaining in what capacity it plans to function and showing its technical qualifications for acting in the capacity for which it seeks a license;
    • (e) biographical information, as defined by the department, of the officers and directors of the organization; and
    • (f) any other relevant information and documents that the commissioner requires.
  • (2) A rate service organization that applies for a license under Subsection (1) shall promptly notify the commissioner of every material change in the facts or in the documents on which its application was based.
  • (3)
    • (a) The commissioner shall issue a license specifying the authorized activity of an applicant, if the commissioner finds that:
      • (i) the applicant and the natural persons through whom it acts are competent, trustworthy, and technically qualified to provide the services proposed; and
      • (ii) all the requirements of law are met.
    • (b) The commissioner may not issue a license if the proposed activity would tend to:
      • (i) create a monopoly; or
      • (ii) lessen or substantially lessen the competition in any market.
  • (4)
    • (a) Any license issued under this chapter shall be subject to annual renewal.
    • (b) A fee shall be charged for the initial license and for renewal. The fee shall be set by the Legislature under Section 31A-3-103.
  • (5) Any amendment to a document filed under Subsection (1)(a) shall be filed within at least 30 calendar days after the day the document becomes effective. Failure to comply with this Subsection (5) is a ground for revocation of the license granted under Subsection (3).
  • (6) The license of each rate service organization licensed under former Title 31, Chapter 18, is continued under this chapter.

Renumbered and Amended by Chapter 130, 1999 General Session