Utah Code 13-42-105. Application for registration — Form, fee, and accompanying documents

(1)	An application for registration as a provider shall be in a form prescribed by the administrator.

Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Fraud: Intentional deception resulting in injury to another.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Service of process: The service of writs or summonses to the appropriate party.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}

(2)

Subject to adjustment of dollar amounts pursuant to Subsection 13-42-132(6), an application for registration as a provider shall be accompanied by:

(a)	the fee established by the administrator in accordance with Section 63J-1-504;

(b)	the bond required by Section 13-42-113;

(c)	identification of all trust accounts subject to Section 13-42-122 and an irrevocable consent authorizing the administrator to review and examine the trust accounts;

(d)

evidence of insurance in the amount of $250,000:

(i)	against the risks of dishonesty, fraud, theft, and other misconduct on the part of the applicant or a director, employee, or agent of the applicant;

(ii)	issued by an insurance company authorized to do business in this state and rated at least A or equivalent by a nationally recognized rating organization approved by the administrator;

(iii)

with a deductible not exceeding $5,000;

(iv)	payable to the applicant and this state for the benefit of the residents of this state, as their interests may appear; and

(v)	not subject to cancellation by the applicant or the insurer until 60 days after written notice has been given to the administrator;

(e)

a record consenting to the jurisdiction of this state containing:

(i)	the name, business address, and other contact information of its registered agent in this state for purposes of service of process; or

(ii)	the appointment of the administrator as agent of the provider for purposes of service of process; and

(f)	if the applicant is organized as a not-for-profit entity or has obtained tax exempt status under the Internal Revenue Code, 26 U.S.C. § 501, evidence of not-for-profit or tax-exempt status, or both.

(3)

(a)

The administrator may waive or reduce the insurance requirement in Subsection (2)(d) if the provider does not:

(i)	maintain control of a trust account or receive money paid by an individual pursuant to a plan for distribution to creditors;

(ii)	make payments to creditors on behalf of individuals;

(iii)

collect fees by means of automatic payment from individuals; and

(iv)	execute any powers of attorney that may be utilized by the provider to collect fees from or expend funds on behalf of an individual.

(b)	A waiver or reduction in insurance requirements allowed by the administrator under Subsection (3)(a) shall balance the reduction in risk posed by a provider meeting the stated requirements against any continued need for insurance against employee and director dishonesty.

Amended by Chapter 152, 2012 General Session