General requirements for license issuance.

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  • (1) The commissioner shall issue a license to act as a third party administrator to a person who:
    • (a) satisfies the character requirements under Section 31A-25-204;
    • (b) satisfies the financial responsibility requirement under Section 31A-25-205;
    • (c) has not committed an act that is a ground for denial, suspension, or revocation provided in Section 31A-25-208;
    • (d) if a nonresident, complies with Section 31A-25-206; and
    • (e) pays the applicable fees under Section 31A-3-103.
  • (2)
    • (a) This Subsection (2) applies to the following persons:
      • (i) an applicant for a third party administrator's license; or
      • (ii) a licensed third party administrator.
    • (b) A person described in Subsection (2)(a) shall report to the commissioner:
      • (i) an administrative action taken against the person, including a denial of a new or renewal license application:
        • (A) in another jurisdiction; or
        • (B) by another regulatory agency in this state; and
      • (ii) a criminal prosecution taken against the person in any jurisdiction.
    • (c) The report required by Subsection (2)(b) shall:
      • (i) be filed:
        • (A) at the time the person applies for a third party administrator's license; and
        • (B) if an action or prosecution occurs on or after the day on which the person applies for a third party administrator license:
          • (I) for an administrative action, within 30 days of the final disposition of the administrative action; or
          • (II) for a criminal prosecution, within 30 days of the initial appearance before a court; and
      • (ii) include a copy of the complaint or other relevant legal documents related to the action or prosecution described in Subsection (2)(b).
  • (3)
    • (a) The department may require a person applying for a license or for consent to engage in the business of insurance to submit to a criminal background check as a condition of receiving a license or consent.
    • (b) A person, if required to submit to a criminal background check under Subsection (3)(a), shall:
      • (i) submit a fingerprint card in a form acceptable to the department; and
      • (ii) consent to a fingerprint background check by:
        • (A) the Utah Bureau of Criminal Identification; and
        • (B) the Federal Bureau of Investigation.
    • (c) For a person who submits a fingerprint card and consents to a fingerprint background check under Subsection (3)(b), the department may request concerning a person applying for a third party administrator's license:
      • (i) criminal background information maintained pursuant to Title 53, Chapter 10, Part 2, Bureau of Criminal Identification, from the Bureau of Criminal Identification; and
      • (ii) complete Federal Bureau of Investigation criminal background checks through the national criminal history system.
    • (d) Information obtained by the department from the review of criminal history records received under this Subsection (3) shall be used by the department for the purposes of:
      • (i) determining if a person satisfies the character requirements under Section 31A-25-204 for issuance or renewal of a license;
      • (ii) determining if a person has failed to maintain the character requirements under Section 31A-25-204; and
      • (iii) preventing a person who violates the federal Violent Crime Control and Law Enforcement Act of 1994, 18 U.S.C. Sec. 1033, from engaging in the business of insurance in the state.
    • (e) If the department requests the criminal background information, the department shall:
      • (i) pay to the Department of Public Safety the costs incurred by the Department of Public Safety in providing the department criminal background information under Subsection (3)(c)(i);
      • (ii) pay to the Federal Bureau of Investigation the costs incurred by the Federal Bureau of Investigation in providing the department criminal background information under Subsection (3)(c)(ii); and
      • (iii) charge the person applying for a license or for consent to engage in the business of insurance a fee equal to the aggregate of Subsections (3)(e)(i) and (ii).
  • (4) The commissioner may deny a license application to act as a third party administrator to a person who:
    • (a) fails to satisfy the requirements of this section; or
    • (b) commits an act that is a ground for denial, suspension, or revocation provided in Section 31A-25-208.




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