40-4903.Same; insurance agent license; lines ofauthority; license requirements; renewal requirements, penalties;fees.(a) Unless denied licensure pursuant toK.S.A. 2009 Supp.40-4909 andamendments thereto, any personwho meetsthe requirements ofK.S.A. 2009 Supp.40-4905, and amendments thereto, shall beissued aninsurance agent license.Aninsurance agent may receive qualifications for a license in one or more ofthefollowing lines of authority:
(1) Life--insurance coverage on human lives including benefits ofendowmentand annuities, and may include benefits in the event of death or dismembermentbyaccident and benefits for disability income.
(2) Accident and health or sickness--insurance coverage for sickness,bodilyinjury or accidental death and may include benefits for disability income.
(3) Property--insurance coverage for the direct or consequential loss ordamageto property of every kind.
(4) Casualty--insurance coverage against legal liability, includingthat for death,injury or disability or damage to real or personal property.
(5) Variable life and variable annuity products--insurance coverageprovidedunder variable life insurance contracts, variable annuities or any other lifeinsurance or annuity product that reflects the investment experience of aseparateaccount.
(6) Personal lines--property and casualty insurance coverage soldprimarily to anindividual or family for noncommercial purposes.
(7) Credit--limited line credit insurance.
(8) Any other line of insurance permitted under theprovisions of chapter 40of the Kansas Statutes Annotated, and amendments thereto, and any rules andregulations promulgated thereunder.
(b) Unless suspended, revoked or refused renewal pursuant toK.S.A. 2009 Supp.40-4909, andamendments thereto, an insurance agent license shall remain in effectas long as education requirementsforresident individual agents are met by such insurance agent's biennialdue date.
(c) On and after the effective date of this act: (1) Each licensed insuranceagent who is an individual and holds apropertyor casualty qualification, or both, or a personal lines qualification shallbiennially obtain a minimum of 12C.E.C.'s in courses certified as property and casualty whichshall include at least one hour of instruction ininsuranceethics. No more than three of the required C.E.C.'s shall be in insuranceagency management.
(2) Each licensed insurance agent who is an individual and holds a life,accident and health, or variable contracts qualification, or any combinationthereof,shall biennially complete 12 C.E.C.'s in courses certified as life,accident andhealth, or variable contracts whichshallinclude at least one hour of instruction in insurance ethics. No more thanthree of the requiredC.E.C.'s shall be in insurance agency management.
(3) Each licensed insurance agent who is an individual and holds a croponly qualification shall biennially obtain a minimum of two C.E.C.'s in coursescertified as crop under the property and casualty category.
(4) Each licensed insurance agent who is an individual and is licensedonlyfor title insurance shall biennially obtain a minimum of four C.E.C.'s incoursescertified by the board of abstract examiners as title under the property andcasualtycategory.
(5) Each licensed insurance agent who is an individual and holds a lifeinsurance license solely for the purpose of selling life insurance or annuityproductsused to fund a prearranged funeral program and whose report of compliancerequired by subsection (g) is accompanied by a certification fromanofficer of each insurance company represented by such agent certifying thatsuch agent transacted noother insurance business during the period covered by the report shallbienniallyobtain a minimum of two C.E.C.'s in courses certified as life or variablecontractsunder the life, accident and health or variable contracts category.
(d) On and after the effective date of this act, each individual insuranceagent who holds a license with both a property orcasualty qualification, or both, and a life, accident and health or variablecontractsqualification, or any combination thereof, and who earn C.E.C.'s from coursescertified by the commissioner as qualifying for credit in any class, may apply,at such insurance agent's option, suchC.E.C.'s toward either the property or casualty continuing educationrequirementor to the life, accident and health or variable contracts continuing educationrequirement. However, no C.E.C. shall be applied to satisfy both thebiennialproperty or casualty requirement, or both, and the biennial requirement forlife,accident and health or variable contracts, or any combination thereof.
(e) An instructor of an approved subject shall be entitled to the same C.E.C.as astudent completing the study.
(f) (1) An individual insurance agent who has been licensed for morethan oneyear, on or before such insurance agent's biennial due date, shall file areport with thecommissioner certifyingthat such insurance agent has met the continuing education requirements forthepreviousbiennium ending on such insurance agent's biennial due date. Each individualinsurance agentshall maintain a record of all courses attended together with a certificate ofattendance for the remainder of the biennium in which the courses were attendedand the entire next succeeding biennium.
(2) If the required report showing proof of continuing education completionisnot received by the commissioner by the individual insurance agent'sbiennial due date, such individualinsuranceagent's qualification and each and every corresponding license shall besuspended automatically for a period of 90 calendar days or until such time asthe producersatisfactorily demonstrates completion of the continuing education requirementwhichever is sooner. In addition the commissioner shall assess a penalty of$100 for each licensesuspended. If such insurance agent fails to furnish to the commissioner therequired proof of continuing education completion and themonetary penalty within 90 calendar days of such insurance agent's biennialduedate,such individual insurance agent's qualification and each and everycorresponding license shall expire on such insurance agent's biennial duedate. If after more than three but less than 12 months from the date thelicense expired, the insurance agent wants to reinstate such insuranceagent's license, such individual shall provide the required proof ofcontinuing education completion and pay a reinstatement fee in the amount of$100 for each license suspended. If after more than 12 months from the datean insurance agent's license has expired, such insurance agent wants toreinstate such insurance agent's license, such individual shall apply for aninsurance agent's license, provide the required proof of continuingeducation completion and pay a reinstatement fee in the amount of $100 for eachlicense suspended. Upon receipt of a written application from such insuranceagentclaiming extreme hardship, the commissioner may waive any penalty imposed underthissubsection.
(3) On and after the effective date of this act, any applicant for anindividual insurance agent's license whopreviouslyheld a license which expires on or after June 30, 2001,because offailure to meet continuing education requirements and who seeks to berelicensedshall provide evidence that appropriate C.E.C.'s have been completed for thepriorbiennium.
(4) Upon receipt of a written application from an individual insuranceagent, thecommissioner, in cases involving medical hardship or military service,may extendthe time within which to fulfill the minimum continuing educationalrequirementsfor a period of not to exceed 180 days.
(5) This section shall not apply to any inactive insurance agentduring the period of such inactivity. For the purposes of this paragraph,"inactive period" or "period of inactivity" shall mean a continuous period oftime of not less than two years and not more than four years starting from thedate inactive status is granted by the commissioner. Beforereturning to activestatus, such inactive insurance agent shall:
(A) File a report with thecommissioner certifying that suchagent has metthecontinuing education requirement; and
(B) pay the renewal fee. If the required proofof continuing education completion and the renewal fee is not furnished at theendof the inactive period, suchindividual insuranceagent's qualification and each and every corresponding license shall expireat the end of the period of inactivity. Forissuanceof a new license, the individual shall apply for a license and pass therequiredexamination.
(6) Any individual who allows such individual's insurance agent license inthis state and all other states in which such individual is licensed as aninsurance agent to expire for a period of four or more consecutive years,shall apply for a new insurance agent license and pass the requiredexamination.
(g) (1) Each course, program of study, or subject shall be submitted to andcertified bythe commissioner in order to qualify for purposes of continuing education.
(2) Each request for certification of any course, program of study or subjectshall contain the following information:
(A) The name of provider or provider organization;
(B) the title of such course, program of study or subject;
(C) the date the course, program of study or subject will be offered;
(D) the location where the course, program of study or subject will beoffered;
(E) an outline of each course, program of study or subject including aschedule of times when such material will bepresented;
(F) the names and qualifications of instructors;
(G) the number of C.E.C.'s requested; and
(H) a nonrefundable C.E.C. qualification fee in the amount of $50 per course,program of study or subject or $250 peryearfor all courses, programs of study or subjects submitted by a specific provideror provider organization; and
(I) a nonrefundable annual provider fee of $100.
(3) Upon receipt of such information, the commissioner shall grant or denycertification of any submitted course, program of study or subject as anapproved subject, program of study or course and indicate the number ofC.E.C.'s thatwill berecognized for each approved course, program of study or subject. Each approvedcourse, program of study or subject shall be assignedbythe commissioner to one or both of the following classes:
(A) Property and casualty; or
(B) life insurance (including annuity and variable contracts) and accidentandhealth insurance.
(4) Each course, program of study or subject shall have a value of at leastone C.E.C.
(5) Each provider seeking approval of a course, program of study or subjectfor continuing education creditshall issue or cause to be issuedto each person whoattends acourse, program of study or subject offered by such provider a certificate ofattendance. The certificate shall be signed by either the instructor whopresents the course, program of study or course or such provider's authorizedrepresentative. Each provider shall maintain alist ofall individuals who attend courses offered by such provider for continuingeducation creditforthe remainder of the biennium in which the courses are offered and the entirenext succeeding biennium.
The commissioner shall accept, without substantive review, any course, programof study or subjectsubmitted by a provider which has been approved by the insurance supervisoryauthority of any other state or territory accredited by the NAIC. Thecommissionermaydisapprove any individual instructor or provider who has been the subject ofdisciplinary proceedings or who has otherwise failed to comply with anyother state's or territory's laws or regulations.
(6) The commissioner may grant or approve any specific course, program ofstudyor course thathas appropriate merit, such as any course, programs of study or course withbroad national or regionalrecognition, without receiving any request for certification. The feeprescribed by paragraph (2) of subsection (g) shall not applyto anyapproval granted pursuant to this provision.
(7) The C.E.C. value assigned to any course, program of study or subject,otherthan a correspondence course, computer based training, interactive internetstudytraining or other course pursued by independent study, shall in no way becontingent upon passage or satisfactory completion of any examination given inconnection with such course, program of study or subject. The commissionershallestablish, by rules and regulations criteria for determining acceptability ofany method used for verification of the completion of each stage of anycomputer based orinteractiveinternet study training. Completion of any computer based training orinteractiveinternet study training shall be verified in accordance with a methodapproved by the commissioner.
(h) Upon request, the commissioner shall provide a list of allapprovedcontinuing education courses currently available to the public.
(i) An individual insurance agent who independently studies an insurancecourse, program of study or subjectwhich is not a agent's examination approved by thecommissioner and who passes an independently monitored examination, shallreceive credit for the C.E.C.'s assigned by the commissioner as recognition fortheapproved subject. No other credit shall be given for independent study.
(j) Any licensed individual insurance agent who is unable to comply withlicenserenewalprocedures due to military service or some other extenuating circumstances mayrequest a waiver of those procedures from the commissioner. Such agent mayalso request from the commissioner a waiverof any examination requirement or any other fine or sanction imposed forfailureto comply with renewal procedures.
40-4903.Same; insurance agent license; lines ofauthority; license requirements; renewal requirements, penalties;fees.(a) Unless denied licensure pursuant toK.S.A. 2009 Supp.40-4909 andamendments thereto, any personwho meetsthe requirements ofK.S.A. 2009 Supp.40-4905, and amendments thereto, shall beissued aninsurance agent license.Aninsurance agent may receive qualifications for a license in one or more ofthefollowing lines of authority:
(1) Life--insurance coverage on human lives including benefits ofendowmentand annuities, and may include benefits in the event of death or dismembermentbyaccident and benefits for disability income.
(2) Accident and health or sickness--insurance coverage for sickness,bodilyinjury or accidental death and may include benefits for disability income.
(3) Property--insurance coverage for the direct or consequential loss ordamageto property of every kind.
(4) Casualty--insurance coverage against legal liability, includingthat for death,injury or disability or damage to real or personal property.
(5) Variable life and variable annuity products--insurance coverageprovidedunder variable life insurance contracts, variable annuities or any other lifeinsurance or annuity product that reflects the investment experience of aseparateaccount.
(6) Personal lines--property and casualty insurance coverage soldprimarily to anindividual or family for noncommercial purposes.
(7) Credit--limited line credit insurance.
(8) Any other line of insurance permitted under theprovisions of chapter 40of the Kansas Statutes Annotated, and amendments thereto, and any rules andregulations promulgated thereunder.
(b) Unless suspended, revoked or refused renewal pursuant toK.S.A. 2009 Supp.40-4909, andamendments thereto, an insurance agent license shall remain in effectas long as education requirementsforresident individual agents are met by such insurance agent's biennialdue date.
(c) On and after the effective date of this act: (1) Each licensed insuranceagent who is an individual and holds apropertyor casualty qualification, or both, or a personal lines qualification shallbiennially obtain a minimum of 12C.E.C.'s in courses certified as property and casualty whichshall include at least one hour of instruction ininsuranceethics. No more than three of the required C.E.C.'s shall be in insuranceagency management.
(2) Each licensed insurance agent who is an individual and holds a life,accident and health, or variable contracts qualification, or any combinationthereof,shall biennially complete 12 C.E.C.'s in courses certified as life,accident andhealth, or variable contracts whichshallinclude at least one hour of instruction in insurance ethics. No more thanthree of the requiredC.E.C.'s shall be in insurance agency management.
(3) Each licensed insurance agent who is an individual and holds a croponly qualification shall biennially obtain a minimum of two C.E.C.'s in coursescertified as crop under the property and casualty category.
(4) Each licensed insurance agent who is an individual and is licensedonlyfor title insurance shall biennially obtain a minimum of four C.E.C.'s incoursescertified by the board of abstract examiners as title under the property andcasualtycategory.
(5) Each licensed insurance agent who is an individual and holds a lifeinsurance license solely for the purpose of selling life insurance or annuityproductsused to fund a prearranged funeral program and whose report of compliancerequired by subsection (g) is accompanied by a certification fromanofficer of each insurance company represented by such agent certifying thatsuch agent transacted noother insurance business during the period covered by the report shallbienniallyobtain a minimum of two C.E.C.'s in courses certified as life or variablecontractsunder the life, accident and health or variable contracts category.
(d) On and after the effective date of this act, each individual insuranceagent who holds a license with both a property orcasualty qualification, or both, and a life, accident and health or variablecontractsqualification, or any combination thereof, and who earn C.E.C.'s from coursescertified by the commissioner as qualifying for credit in any class, may apply,at such insurance agent's option, suchC.E.C.'s toward either the property or casualty continuing educationrequirementor to the life, accident and health or variable contracts continuing educationrequirement. However, no C.E.C. shall be applied to satisfy both thebiennialproperty or casualty requirement, or both, and the biennial requirement forlife,accident and health or variable contracts, or any combination thereof.
(e) An instructor of an approved subject shall be entitled to the same C.E.C.as astudent completing the study.
(f) (1) An individual insurance agent who has been licensed for morethan oneyear, on or before such insurance agent's biennial due date, shall file areport with thecommissioner certifyingthat such insurance agent has met the continuing education requirements forthepreviousbiennium ending on such insurance agent's biennial due date. Each individualinsurance agentshall maintain a record of all courses attended together with a certificate ofattendance for the remainder of the biennium in which the courses were attendedand the entire next succeeding biennium.
(2) If the required report showing proof of continuing education completionisnot received by the commissioner by the individual insurance agent'sbiennial due date, such individualinsuranceagent's qualification and each and every corresponding license shall besuspended automatically for a period of 90 calendar days or until such time asthe producersatisfactorily demonstrates completion of the continuing education requirementwhichever is sooner. In addition the commissioner shall assess a penalty of$100 for each licensesuspended. If such insurance agent fails to furnish to the commissioner therequired proof of continuing education completion and themonetary penalty within 90 calendar days of such insurance agent's biennialduedate,such individual insurance agent's qualification and each and everycorresponding license shall expire on such insurance agent's biennial duedate. If after more than three but less than 12 months from the date thelicense expired, the insurance agent wants to reinstate such insuranceagent's license, such individual shall provide the required proof ofcontinuing education completion and pay a reinstatement fee in the amount of$100 for each license suspended. If after more than 12 months from the datean insurance agent's license has expired, such insurance agent wants toreinstate such insurance agent's license, such individual shall apply for aninsurance agent's license, provide the required proof of continuingeducation completion and pay a reinstatement fee in the amount of $100 for eachlicense suspended. Upon receipt of a written application from such insuranceagentclaiming extreme hardship, the commissioner may waive any penalty imposed underthissubsection.
(3) On and after the effective date of this act, any applicant for anindividual insurance agent's license whopreviouslyheld a license which expires on or after June 30, 2001,because offailure to meet continuing education requirements and who seeks to berelicensedshall provide evidence that appropriate C.E.C.'s have been completed for thepriorbiennium.
(4) Upon receipt of a written application from an individual insuranceagent, thecommissioner, in cases involving medical hardship or military service,may extendthe time within which to fulfill the minimum continuing educationalrequirementsfor a period of not to exceed 180 days.
(5) This section shall not apply to any inactive insurance agentduring the period of such inactivity. For the purposes of this paragraph,"inactive period" or "period of inactivity" shall mean a continuous period oftime of not less than two years and not more than four years starting from thedate inactive status is granted by the commissioner. Beforereturning to activestatus, such inactive insurance agent shall:
(A) File a report with thecommissioner certifying that suchagent has metthecontinuing education requirement; and
(B) pay the renewal fee. If the required proofof continuing education completion and the renewal fee is not furnished at theendof the inactive period, suchindividual insuranceagent's qualification and each and every corresponding license shall expireat the end of the period of inactivity. Forissuanceof a new license, the individual shall apply for a license and pass therequiredexamination.
(6) Any individual who allows such individual's insurance agent license inthis state and all other states in which such individual is licensed as aninsurance agent to expire for a period of four or more consecutive years,shall apply for a new insurance agent license and pass the requiredexamination.
(g) (1) Each course, program of study, or subject shall be submitted to andcertified bythe commissioner in order to qualify for purposes of continuing education.
(2) Each request for certification of any course, program of study or subjectshall contain the following information:
(A) The name of provider or provider organization;
(B) the title of such course, program of study or subject;
(C) the date the course, program of study or subject will be offered;
(D) the location where the course, program of study or subject will beoffered;
(E) an outline of each course, program of study or subject including aschedule of times when such material will bepresented;
(F) the names and qualifications of instructors;
(G) the number of C.E.C.'s requested; and
(H) a nonrefundable C.E.C. qualification fee in the amount of $50 per course,program of study or subject or $250 peryearfor all courses, programs of study or subjects submitted by a specific provideror provider organization; and
(I) a nonrefundable annual provider fee of $100.
(3) Upon receipt of such information, the commissioner shall grant or denycertification of any submitted course, program of study or subject as anapproved subject, program of study or course and indicate the number ofC.E.C.'s thatwill berecognized for each approved course, program of study or subject. Each approvedcourse, program of study or subject shall be assignedbythe commissioner to one or both of the following classes:
(A) Property and casualty; or
(B) life insurance (including annuity and variable contracts) and accidentandhealth insurance.
(4) Each course, program of study or subject shall have a value of at leastone C.E.C.
(5) Each provider seeking approval of a course, program of study or subjectfor continuing education creditshall issue or cause to be issuedto each person whoattends acourse, program of study or subject offered by such provider a certificate ofattendance. The certificate shall be signed by either the instructor whopresents the course, program of study or course or such provider's authorizedrepresentative. Each provider shall maintain alist ofall individuals who attend courses offered by such provider for continuingeducation creditforthe remainder of the biennium in which the courses are offered and the entirenext succeeding biennium.
The commissioner shall accept, without substantive review, any course, programof study or subjectsubmitted by a provider which has been approved by the insurance supervisoryauthority of any other state or territory accredited by the NAIC. Thecommissionermaydisapprove any individual instructor or provider who has been the subject ofdisciplinary proceedings or who has otherwise failed to comply with anyother state's or territory's laws or regulations.
(6) The commissioner may grant or approve any specific course, program ofstudyor course thathas appropriate merit, such as any course, programs of study or course withbroad national or regionalrecognition, without receiving any request for certification. The feeprescribed by paragraph (2) of subsection (g) shall not applyto anyapproval granted pursuant to this provision.
(7) The C.E.C. value assigned to any course, program of study or subject,otherthan a correspondence course, computer based training, interactive internetstudytraining or other course pursued by independent study, shall in no way becontingent upon passage or satisfactory completion of any examination given inconnection with such course, program of study or subject. The commissionershallestablish, by rules and regulations criteria for determining acceptability ofany method used for verification of the completion of each stage of anycomputer based orinteractiveinternet study training. Completion of any computer based training orinteractiveinternet study training shall be verified in accordance with a methodapproved by the commissioner.
(h) Upon request, the commissioner shall provide a list of allapprovedcontinuing education courses currently available to the public.
(i) An individual insurance agent who independently studies an insurancecourse, program of study or subjectwhich is not a agent's examination approved by thecommissioner and who passes an independently monitored examination, shallreceive credit for the C.E.C.'s assigned by the commissioner as recognition fortheapproved subject. No other credit shall be given for independent study.
(j) Any licensed individual insurance agent who is unable to comply withlicenserenewalprocedures due to military service or some other extenuating circumstances mayrequest a waiver of those procedures from the commissioner. Such agent mayalso request from the commissioner a waiverof any examination requirement or any other fine or sanction imposed forfailureto comply with renewal procedures.
40-4903.Same; insurance agent license; lines ofauthority; license requirements; renewal requirements, penalties;fees.(a) Unless denied licensure pursuant toK.S.A. 2009 Supp.40-4909 andamendments thereto, any personwho meetsthe requirements ofK.S.A. 2009 Supp.40-4905, and amendments thereto, shall beissued aninsurance agent license.Aninsurance agent may receive qualifications for a license in one or more ofthefollowing lines of authority:
(1) Life--insurance coverage on human lives including benefits ofendowmentand annuities, and may include benefits in the event of death or dismembermentbyaccident and benefits for disability income.
(2) Accident and health or sickness--insurance coverage for sickness,bodilyinjury or accidental death and may include benefits for disability income.
(3) Property--insurance coverage for the direct or consequential loss ordamageto property of every kind.
(4) Casualty--insurance coverage against legal liability, includingthat for death,injury or disability or damage to real or personal property.
(5) Variable life and variable annuity products--insurance coverageprovidedunder variable life insurance contracts, variable annuities or any other lifeinsurance or annuity product that reflects the investment experience of aseparateaccount.
(6) Personal lines--property and casualty insurance coverage soldprimarily to anindividual or family for noncommercial purposes.
(7) Credit--limited line credit insurance.
(8) Any other line of insurance permitted under theprovisions of chapter 40of the Kansas Statutes Annotated, and amendments thereto, and any rules andregulations promulgated thereunder.
(b) Unless suspended, revoked or refused renewal pursuant toK.S.A. 2009 Supp.40-4909, andamendments thereto, an insurance agent license shall remain in effectas long as education requirementsforresident individual agents are met by such insurance agent's biennialdue date.
(c) On and after the effective date of this act: (1) Each licensed insuranceagent who is an individual and holds apropertyor casualty qualification, or both, or a personal lines qualification shallbiennially obtain a minimum of 12C.E.C.'s in courses certified as property and casualty whichshall include at least one hour of instruction ininsuranceethics. No more than three of the required C.E.C.'s shall be in insuranceagency management.
(2) Each licensed insurance agent who is an individual and holds a life,accident and health, or variable contracts qualification, or any combinationthereof,shall biennially complete 12 C.E.C.'s in courses certified as life,accident andhealth, or variable contracts whichshallinclude at least one hour of instruction in insurance ethics. No more thanthree of the requiredC.E.C.'s shall be in insurance agency management.
(3) Each licensed insurance agent who is an individual and holds a croponly qualification shall biennially obtain a minimum of two C.E.C.'s in coursescertified as crop under the property and casualty category.
(4) Each licensed insurance agent who is an individual and is licensedonlyfor title insurance shall biennially obtain a minimum of four C.E.C.'s incoursescertified by the board of abstract examiners as title under the property andcasualtycategory.
(5) Each licensed insurance agent who is an individual and holds a lifeinsurance license solely for the purpose of selling life insurance or annuityproductsused to fund a prearranged funeral program and whose report of compliancerequired by subsection (g) is accompanied by a certification fromanofficer of each insurance company represented by such agent certifying thatsuch agent transacted noother insurance business during the period covered by the report shallbienniallyobtain a minimum of two C.E.C.'s in courses certified as life or variablecontractsunder the life, accident and health or variable contracts category.
(d) On and after the effective date of this act, each individual insuranceagent who holds a license with both a property orcasualty qualification, or both, and a life, accident and health or variablecontractsqualification, or any combination thereof, and who earn C.E.C.'s from coursescertified by the commissioner as qualifying for credit in any class, may apply,at such insurance agent's option, suchC.E.C.'s toward either the property or casualty continuing educationrequirementor to the life, accident and health or variable contracts continuing educationrequirement. However, no C.E.C. shall be applied to satisfy both thebiennialproperty or casualty requirement, or both, and the biennial requirement forlife,accident and health or variable contracts, or any combination thereof.
(e) An instructor of an approved subject shall be entitled to the same C.E.C.as astudent completing the study.
(f) (1) An individual insurance agent who has been licensed for morethan oneyear, on or before such insurance agent's biennial due date, shall file areport with thecommissioner certifyingthat such insurance agent has met the continuing education requirements forthepreviousbiennium ending on such insurance agent's biennial due date. Each individualinsurance agentshall maintain a record of all courses attended together with a certificate ofattendance for the remainder of the biennium in which the courses were attendedand the entire next succeeding biennium.
(2) If the required report showing proof of continuing education completionisnot received by the commissioner by the individual insurance agent'sbiennial due date, such individualinsuranceagent's qualification and each and every corresponding license shall besuspended automatically for a period of 90 calendar days or until such time asthe producersatisfactorily demonstrates completion of the continuing education requirementwhichever is sooner. In addition the commissioner shall assess a penalty of$100 for each licensesuspended. If such insurance agent fails to furnish to the commissioner therequired proof of continuing education completion and themonetary penalty within 90 calendar days of such insurance agent's biennialduedate,such individual insurance agent's qualification and each and everycorresponding license shall expire on such insurance agent's biennial duedate. If after more than three but less than 12 months from the date thelicense expired, the insurance agent wants to reinstate such insuranceagent's license, such individual shall provide the required proof ofcontinuing education completion and pay a reinstatement fee in the amount of$100 for each license suspended. If after more than 12 months from the datean insurance agent's license has expired, such insurance agent wants toreinstate such insurance agent's license, such individual shall apply for aninsurance agent's license, provide the required proof of continuingeducation completion and pay a reinstatement fee in the amount of $100 for eachlicense suspended. Upon receipt of a written application from such insuranceagentclaiming extreme hardship, the commissioner may waive any penalty imposed underthissubsection.
(3) On and after the effective date of this act, any applicant for anindividual insurance agent's license whopreviouslyheld a license which expires on or after June 30, 2001,because offailure to meet continuing education requirements and who seeks to berelicensedshall provide evidence that appropriate C.E.C.'s have been completed for thepriorbiennium.
(4) Upon receipt of a written application from an individual insuranceagent, thecommissioner, in cases involving medical hardship or military service,may extendthe time within which to fulfill the minimum continuing educationalrequirementsfor a period of not to exceed 180 days.
(5) This section shall not apply to any inactive insurance agentduring the period of such inactivity. For the purposes of this paragraph,"inactive period" or "period of inactivity" shall mean a continuous period oftime of not less than two years and not more than four years starting from thedate inactive status is granted by the commissioner. Beforereturning to activestatus, such inactive insurance agent shall:
(A) File a report with thecommissioner certifying that suchagent has metthecontinuing education requirement; and
(B) pay the renewal fee. If the required proofof continuing education completion and the renewal fee is not furnished at theendof the inactive period, suchindividual insuranceagent's qualification and each and every corresponding license shall expireat the end of the period of inactivity. Forissuanceof a new license, the individual shall apply for a license and pass therequiredexamination.
(6) Any individual who allows such individual's insurance agent license inthis state and all other states in which such individual is licensed as aninsurance agent to expire for a period of four or more consecutive years,shall apply for a new insurance agent license and pass the requiredexamination.
(g) (1) Each course, program of study, or subject shall be submitted to andcertified bythe commissioner in order to qualify for purposes of continuing education.
(2) Each request for certification of any course, program of study or subjectshall contain the following information:
(A) The name of provider or provider organization;
(B) the title of such course, program of study or subject;
(C) the date the course, program of study or subject will be offered;
(D) the location where the course, program of study or subject will beoffered;
(E) an outline of each course, program of study or subject including aschedule of times when such material will bepresented;
(F) the names and qualifications of instructors;
(G) the number of C.E.C.'s requested; and
(H) a nonrefundable C.E.C. qualification fee in the amount of $50 per course,program of study or subject or $250 peryearfor all courses, programs of study or subjects submitted by a specific provideror provider organization; and
(I) a nonrefundable annual provider fee of $100.
(3) Upon receipt of such information, the commissioner shall grant or denycertification of any submitted course, program of study or subject as anapproved subject, program of study or course and indicate the number ofC.E.C.'s thatwill berecognized for each approved course, program of study or subject. Each approvedcourse, program of study or subject shall be assignedbythe commissioner to one or both of the following classes:
(A) Property and casualty; or
(B) life insurance (including annuity and variable contracts) and accidentandhealth insurance.
(4) Each course, program of study or subject shall have a value of at leastone C.E.C.
(5) Each provider seeking approval of a course, program of study or subjectfor continuing education creditshall issue or cause to be issuedto each person whoattends acourse, program of study or subject offered by such provider a certificate ofattendance. The certificate shall be signed by either the instructor whopresents the course, program of study or course or such provider's authorizedrepresentative. Each provider shall maintain alist ofall individuals who attend courses offered by such provider for continuingeducation creditforthe remainder of the biennium in which the courses are offered and the entirenext succeeding biennium.
The commissioner shall accept, without substantive review, any course, programof study or subjectsubmitted by a provider which has been approved by the insurance supervisoryauthority of any other state or territory accredited by the NAIC. Thecommissionermaydisapprove any individual instructor or provider who has been the subject ofdisciplinary proceedings or who has otherwise failed to comply with anyother state's or territory's laws or regulations.
(6) The commissioner may grant or approve any specific course, program ofstudyor course thathas appropriate merit, such as any course, programs of study or course withbroad national or regionalrecognition, without receiving any request for certification. The feeprescribed by paragraph (2) of subsection (g) shall not applyto anyapproval granted pursuant to this provision.
(7) The C.E.C. value assigned to any course, program of study or subject,otherthan a correspondence course, computer based training, interactive internetstudytraining or other course pursued by independent study, shall in no way becontingent upon passage or satisfactory completion of any examination given inconnection with such course, program of study or subject. The commissionershallestablish, by rules and regulations criteria for determining acceptability ofany method used for verification of the completion of each stage of anycomputer based orinteractiveinternet study training. Completion of any computer based training orinteractiveinternet study training shall be verified in accordance with a methodapproved by the commissioner.
(h) Upon request, the commissioner shall provide a list of allapprovedcontinuing education courses currently available to the public.
(i) An individual insurance agent who independently studies an insurancecourse, program of study or subjectwhich is not a agent's examination approved by thecommissioner and who passes an independently monitored examination, shallreceive credit for the C.E.C.'s assigned by the commissioner as recognition fortheapproved subject. No other credit shall be given for independent study.
(j) Any licensed individual insurance agent who is unable to comply withlicenserenewalprocedures due to military service or some other extenuating circumstances mayrequest a waiver of those procedures from the commissioner. Such agent mayalso request from the commissioner a waiverof any examination requirement or any other fine or sanction imposed forfailureto comply with renewal procedures.
