Utah Code 31A-27a-202. Commencement of formal delinquency proceeding
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(1) A formal delinquency proceeding against a person shall be commenced by filing a petition in the name of the commissioner or department.
Terms Used In Utah Code 31A-27a-202
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Commissioner: is a s defined in Section 31A-1-301. See Utah Code 31A-27a-102
- Department: is a s defined in Section 31A-1-301 unless the context requires otherwise. See Utah Code 31A-27a-102
- Filed: means that a filing is:(69)(a)(i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;(69)(a)(ii) received by the department within the time period provided in applicable statute, rule, or filing order; and(69)(a)(iii) accompanied by the appropriate fee in accordance with:(69)(a)(iii)(A) Section
31A-3-103 ; or(69)(a)(iii)(B) rule. See Utah Code 31A-1-301- Filing: when used as a noun, means an item required to be filed with the department including:
(70)(a) a policy;(70)(b) a rate;(70)(c) a form;(70)(d) a document;(70)(e) a plan;(70)(f) a manual;(70)(g) an application;(70)(h) a report;(70)(i) a certificate;(70)(j) an endorsement;(70)(k) an actuarial certification;(70)(l) a licensee annual statement;(70)(m) a licensee renewal application;(70)(n) an advertisement;(70)(o) a binder; or(70)(p) an outline of coverage. See Utah Code 31A-1-301- insurer: means a person who:
(23)(a) is doing, has done, purports to do, or is licensed to do the business of insurance;(23)(b) is or has been subject to the authority of, or to rehabilitation, liquidation, reorganization, supervision, or conservation by an insurance commissioner; or(23)(c) is included under Section 31A-27a-104. See Utah Code 31A-27a-102- Order: means an order of the commissioner. See Utah Code 31A-1-301
- Person: includes :
(146)(a) an individual;(146)(b) a partnership;(146)(c) a corporation;(146)(d) an incorporated or unincorporated association;(146)(e) a joint stock company;(146)(f) a trust;(146)(g) a limited liability company;(146)(h) a reciprocal;(146)(i) a syndicate; or(146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301- Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
- receivership: means a rehabilitation, liquidation, or ancillary receivership. See Utah Code 31A-27a-102
- receivership court: refers to the court in which a delinquency proceeding is pending. See Utah Code 31A-27a-102
- State: means a state, district, or territory of the United States. See Utah Code 31A-27a-102
- Summons: Another word for subpoena used by the criminal justice system.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(2)(2)(a) The petition required by Subsection (1):(2)(a)(i) shall state:(2)(a)(i)(A) the grounds upon which the proceeding is based; and(2)(a)(i)(B) the relief requested; and(2)(a)(ii) may include a request for restraining orders and injunctive relief as described in Section 31A-27a-108.(2)(b) Upon the filing of a petition, the commissioner shall forward a notice of the petition by first-class mail or electronic communication, as permitted by the receivership court, to the commissioners and guaranty associations in states in which the insurer did business.(3)(3)(a) A petition that requests injunctive relief:(3)(a)(i) shall be verified by the commissioner or the commissioner’s designee; and(3)(a)(ii) is not required to plead or prove irreparable harm or inadequate remedy at law.(3)(b) The commissioner shall provide only the notice the receivership court requires.(4) If a temporary restraining order is requested:(4)(a) the receivership court may issue an initial order containing the relief requested;(4)(b) the order shall state the time and date of its issuance;(4)(c) the receivership court shall set a time and date for the return of summons:(4)(c)(i) not more than 10 days from the time and date the initial order is issued; and(4)(c)(ii) at which time the person proceeded against may appear before the receivership court for a summary hearing; and(4)(d) the order may not continue in effect beyond the time and date set for the return of summons, unless the receivership court expressly enters one or more orders extending the restraining order.(5)(5)(a) If no temporary restraining order is requested, the receivership court shall cause summons to be issued.(5)(b) The summons shall specify:(5)(b)(i) a return date not more than 30 days after the day on which the summons is issued; and(5)(b)(ii) that an answer shall be filed at or before the return date. - Filing: when used as a noun, means an item required to be filed with the department including: