31A-42a-204 (Effective 01/01/13) - Powers of commissioner.
31A-42a-204 (Effective 01/01/13). Powers of commissioner.
(1) The commissioner shall, after notice and hearing, adopt the Utah Statewide RiskAdjuster Board's proposed plan of operation, and any amendment thereto, through administrativerulemaking if the commissioner determines that the plan or amendment:
(a) meets the requirements of Sections 31A-42a-202 and 31A-42a-203; and
(b) ensures a fair and reasonable administration of risk by the Utah Statewide RiskAdjuster.
(2) The plan, and any amendment thereto, shall be effective only after adoption by thecommissioner as an administrative rule in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act.
(3) The commissioner shall, after notice and hearing, adopt such rules as necessary toeffectuate the provisions of this chapter, if:
(a) the board fails to submit to the commissioner a proposed plan of operation by January1, 2013, addressing each of the elements specified in Section 31A-42a-202;
(b) the board fails to submit to the commissioner by September 1, 2012, proposedamendments to rules adopted under this section to implement changes made to this chapterduring the 2010 Annual General Session of the Legislature; or
(c) the board fails to submit a proposed amendment to rules adopted under this sectionwithin a reasonable period, when requested to do so by the commissioner.
(4) Rules promulgated by the commissioner shall continue in force until modified by thecommissioner, by rule, or until superseded by a subsequent plan of operation, or an amendmentto the plan of operation, submitted by the board, approved by the commissioner, andimplemented by rule.
Enacted by Chapter 68, 2010 General Session