2006 Utah Code - 31A-23a-302 — Agency designations.

     31A-23a-302.   Agency designations.
     (1) An agency shall designate a natural person that has a producer, limited line producer, customer service representative, consultant, managing general agent, or reinsurance intermediary license to act on its behalf prior to the licensee doing business for the agency.
     (2) An agency shall report to the commissioner, at intervals and in the form the commissioner establishes by rule:
     (a) all new designations; and
     (b) all terminated designations.
     (3) (a) An agency licensed under this chapter shall report to the commissioner the cause of termination of a designation.
     (b) The information provided the commissioner under Subsection (3)(a) is a private record under Title 63, Chapter 2, Government Records Access and Management Act.
     (c) An agency is immune from civil action, civil penalty, or damages if the agency complies in good faith with this Subsection (3) in reporting to the commissioner the cause of termination of a designation.
     (d) Notwithstanding any other provision in this section, an agency is not immune from any action or resulting penalty imposed on the reporting agency as a result of proceedings brought by or on behalf of the department if the action is based on evidence other than the report submitted in compliance with this Subsection (3).
     (4) An agency licensed under this chapter may act in the capacities for which it is licensed only through natural persons who are licensed under this chapter to act in the same capacities.
     (5) An agency licensed under this chapter shall report to the commissioner by rule the name of at least one natural person who has authority to act on behalf of the agency in all matters pertaining to compliance with this title and orders of the commissioner.
     (6) If an agency designates a licensee in reports submitted under Subsection (2), there is a rebuttable presumption that the designated licensee acted on behalf of the agency.

Amended by Chapter 173, 2004 General Session