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

436 words·~2 min read·/ut/title-13/chapter-42/13-42-105

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)An application for registration as a provider shall be in a form the division approves.

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

(a)the fee the division establishes 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 division 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 the division approves;

(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 the applicant's 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 division;

(e)a record consenting to the jurisdiction of this state containing:

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

(ii)the appointment of the division 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. Sec. 501, evidence of not-for-profit or tax-exempt status, or both.

(a)The division 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 in accordance with 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 the division allows under Subsection (3)(a) shall balance the reduction in risk a provider poses by meeting the requirements of Subsection (2)(d) against any continued need for insurance against employee and director dishonesty.

Amended by Chapter 95 , 2026 General Session