31A-2-201 - General duties and powers.
31A-2-201. General duties and powers.
(1) The commissioner shall administer and enforce this title.
(2) The commissioner has all powers specifically granted, and all further powers that arereasonable and necessary to enable the commissioner to perform the duties imposed by this title.
(3) (a) The commissioner may make rules to implement the provisions of this titleaccording to the procedures and requirements of Title 63G, Chapter 3, Utah AdministrativeRulemaking Act.
(b) In addition to the notice requirements of Section 63G-3-301, the commissioner shallprovide notice under Section 31A-2-303 of hearings concerning insurance department rules.
(4) (a) The commissioner shall issue prohibitory, mandatory, and other orders asnecessary to secure compliance with this title. An order by the commissioner is not effectiveunless the order:
(i) is in writing; and
(ii) is signed by the commissioner or under the commissioner's authority.
(b) On request of any person who would be affected by an order under Subsection (4)(a),the commissioner may issue a declaratory order to clarify the person's rights or duties.
(5) (a) The commissioner may hold informal adjudicative proceedings and publicmeetings, for the purpose of:
(i) investigation;
(ii) ascertainment of public sentiment; or
(iii) informing the public.
(b) An effective rule or order may not result from informal hearings and meetings unlessthe requirement of a hearing under this section is satisfied.
(6) The commissioner shall inquire into violations of this title and may conduct anyexaminations and investigations of insurance matters, in addition to examinations andinvestigations expressly authorized, that the commissioner considers proper to determine:
(a) whether or not any person has violated any provision of this title; or
(b) to secure information useful in the lawful administration of this title.
Amended by Chapter 68, 2010 General Session