Utah Code 31A-2-207. Commissioner’s records and reports — Protection from disclosure of certain records

31A-2-207. Commissioner’s records and reports — Protection from disclosure of certain records.

(1)

The commissioner shall maintain all department records that are:

Terms Used In Utah Code 31A-2-207

Department: means the Insurance Department. See Utah Code 31A-1-301
Insurance: includes :

(i)	a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;

(ii)	a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and

(iii)

a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301

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.

Participating: means a plan of insurance under which the insured is entitled to receive a dividend representing a share of the surplus of the insurer. See Utah Code 31A-1-301

Person: includes :

(a)	an individual;

(b)	a partnership;

(c)	a corporation;

(d)	an incorporated or unincorporated association;

(e)	a joint stock company;

(f)

a trust;

(g)	a limited liability company;

(h)	a reciprocal;

(i)	a syndicate; or

(j)	another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301 Statute: A law passed by a legislature.
(a)	required by law;

(b)	necessary for the effective operation of the department; or

(c)	necessary to maintain a full record of department activities.

(2)

The records of the department may be preserved, managed, stored, and made available for review consistent with:

(a)	another Utah statute;

(b)	the rules made under Section 63A-12-104;

(c)	the decisions of the Records Management Committee made under Section 63A-12-113; or

(d)	the needs of the public.

(3)

A department record may not be destroyed, damaged, or disposed of without:

(a)	authorization of the commissioner; and

(b)	compliance with all other applicable laws.

(4)

The commissioner shall maintain a permanent record of the commissioner’s proceedings and important activities, including:

(a)	a concise statement of the condition of each insurer examined by the commissioner; and

(b)	a record of all certificates of authority and licenses issued by the commissioner.

(5)

(a)	Prior to October 1 of each year, the commissioner shall prepare an annual report to the governor which shall include, for the preceding calendar year, the information concerning the department and the insurance industry which the commissioner believes will be useful to the governor and the public.

(b)	The report required by this Subsection (5) shall include the information required under Chapter 27a, Insurer Receivership Act, and Subsections 31A-2-106(2), 31A-2-205(3), and 31A-2-208(3).

(c)	The commissioner shall make the report required by this Subsection (5) available to the public and industry in electronic format.

(6)	All department records and reports are open to public inspection unless specifically provided otherwise by statute or by Title 63G, Chapter 2, Government Records Access and Management Act.

(7)	On request, the commissioner shall provide to any person certified or uncertified copies of any record in the department that is open to public inspection.

(8)

Notwithstanding Subsection (6) and Title 63G, Chapter 2, Government Records Access and Management Act, the commissioner shall protect from disclosure any record, as defined in Section 63G-2-103, or other document received from an insurance regulator of another jurisdiction:

(a)	at least to the same extent the record or document is protected from disclosure under the laws applicable to the insurance regulator providing the record or document; or

(b)	under the same terms and conditions of confidentiality as the National Association of Insurance Commissioners requires as a condition of participating in any of the National Association of Insurance Commissioners’ programs.

Amended by Chapter 254, 2019 General Session

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