2006 Utah Code - 31A-2-404 — Duties of the commissioner and Title and Escrow Commission.

     31A-2-404.   Duties of the commissioner and Title and Escrow Commission.
     (1) Notwithstanding the other provisions of this chapter, to the extent provided in this part, the commissioner shall administer and enforce the provisions in this title related to:
     (a) title insurance; and
     (b) escrow conducted by a title licensee or title insurer.
     (2) The commission shall:
     (a) in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, make rules for the administration of the provisions in this title related to title insurance including rules related to:
     (i) rating standards and rating methods for title agencies and producers as provided in Section 31A-19a-209;
     (ii) the licensing for a title licensee including the licensing requirements of Sections 31A-23a-203 and 31A-23a-204;
     (iii) continuing education requirements of Section 31A-23a-202;
     (iv) examination procedures, after consultation with the department and the department's test administrator when required by Section 31A-23a-204; and
     (v) standards of conduct for a title licensee;
     (b) concur in the issuance and renewal of licenses in accordance with Section 31A-23a-105 or 31A-26-203;
     (c) in accordance with Section 31A-3-103, establish, with the concurrence of the department, all fees imposed by this title on a title licensee;
     (d) in accordance with Section 31A-23a-415 determine, after consulting with the commissioner, the assessment on a title insurer as defined in Section 31A-23a-415;
     (e) conduct all administrative hearings not delegated by it to an administrative law judge related to the:
     (i) licensing of any applicant;
     (ii) conduct of any title licensee; or
     (iii) approval of continuing education programs required by Section 31A-23a-202;
     (f) with the concurrence of the commissioner, approve assets that can be included in a reserve fund required by Section 31A-23a-204;
     (g) with the concurrence of the commissioner, approve continuing education programs required by Section 31A-23a-202;
     (h) with the concurrence of the commissioner, impose penalties:
     (i) under this title related to:
     (A) title insurance; or
     (B) escrow conducted by a title licensee;
     (ii) after investigation by the department in accordance with Part 3, Procedures and Enforcement; and
     (iii) that are enforced by the commissioner;
     (i) advise the commissioner on the administration and enforcement of any matters affecting the title insurance industry;
     (j) advise the commissioner on matters affecting the department's budget related to title insurance; and
     (k) perform other duties as provided in this title.

Enacted by Chapter 185, 2005 General Session