40-4905.Same; insurance agent license required;application; powers of commissioner; hearing.(a) Subject to the provisions ofK.S.A. 2009 Supp.40-4904, and amendmentsthereto, it shall beunlawful for anyperson to sell, solicit or negotiate any insurance within this state unlesssuch personhas been issued a license as an insurance agent in accordance with this act.
(b) Any person applying for a resident insurance agent license shall makeapplication on a form prescribed by the commissioner. The applicant shalldeclareunder penalty of perjury that the statements made in the application are true,correct and complete to the best of the applicant's knowledge and belief.Beforeapproving the application, the commissioner shall determine that the applicant:
(1) Is at least 18 years of age;
(2) has not committed any act that is grounds for denial pursuant to thissection or suspension or revocation pursuant toK.S.A. 2009 Supp.40-4909 andamendmentsthereto;
(3) has paid a nonrefundable fee in the amount of $30; and
(4) has successfully passed the examination for each line of authority forwhich the applicant has applied.
(c) If the applicant is a business entity, then the commissioner shall makethe following additional determinations in addition to those required bysubsection(a):
(1) The name and address of a licensed agent who shall be responsiblefor the business entity's compliance with the insurance laws of this state andtherules and regulations promulgated thereunder;
(2) that each officer, director, partner and employee of the business entitywho acts as an insurance agent is licensed as an insurance agent;
(3) that the business entity has disclosed to the department all of itsofficers,directors and partners whether or not such officers, directors, partners andemployees are licensed as insurance agents; and
(4) that the business entity has disclosed to the department each officer,director, partner and employee who is licensed as an insurance agent.
(d) Any business entity which acts as an insurance agent and holds adirect agency appointment from an insurance company shall be required to obtainan insurance agent license.
(e) The commissioner may require the applicant to furnish any document orother material reasonably necessary to verify the information contained in anapplication.
(f) Each insurer that sells, solicits or negotiates any form of limited linecredit insurance shall provide a program of instruction that may be approved bythecommissioner to each individual employed by or acting on behalf of such insurertosell, solicit or negotiate limited line credit insurance.
(g) (1) Each licensed insurance agent shall notify the commissioner ofany officer, director, partner or employee of such insurance agent who:
(A) Is licensed as an individual insurance agent; and
(B) was not disclosed in such insurance agent's application for a licenseor any renewal thereof.
(2) Each licensed insurance agent shall notify the commissioner of any ofits officers, directors, partners or employees who:
(A) Have terminated such relationship as an officer, director, partner oremployee of such insurance agent; and
(B) has been previously disclosed in such insurance agent's applicationfor a license or any renewal thereof.
(3) Each licensed insurance agent shall notify the commissionerwithin 30 working days of occurrence of any event required to bereported under paragraphs (1) or (2) of this subsection. Failure to provide thecommissioner with the information required by this subsection shall subject thelicensee to a monetary penalty of $10 per day for each working day the requiredinformation is late subject to a maximum of $50 per person per licensing year.
(h) Any applicant whose application for a license, is denied shall be givenanopportunity for a hearing in accordance with the provisions of the Kansasadministrative procedure act.
40-4905.Same; insurance agent license required;application; powers of commissioner; hearing.(a) Subject to the provisions ofK.S.A. 2009 Supp.40-4904, and amendmentsthereto, it shall beunlawful for anyperson to sell, solicit or negotiate any insurance within this state unlesssuch personhas been issued a license as an insurance agent in accordance with this act.
(b) Any person applying for a resident insurance agent license shall makeapplication on a form prescribed by the commissioner. The applicant shalldeclareunder penalty of perjury that the statements made in the application are true,correct and complete to the best of the applicant's knowledge and belief.Beforeapproving the application, the commissioner shall determine that the applicant:
(1) Is at least 18 years of age;
(2) has not committed any act that is grounds for denial pursuant to thissection or suspension or revocation pursuant toK.S.A. 2009 Supp.40-4909 andamendmentsthereto;
(3) has paid a nonrefundable fee in the amount of $30; and
(4) has successfully passed the examination for each line of authority forwhich the applicant has applied.
(c) If the applicant is a business entity, then the commissioner shall makethe following additional determinations in addition to those required bysubsection(a):
(1) The name and address of a licensed agent who shall be responsiblefor the business entity's compliance with the insurance laws of this state andtherules and regulations promulgated thereunder;
(2) that each officer, director, partner and employee of the business entitywho acts as an insurance agent is licensed as an insurance agent;
(3) that the business entity has disclosed to the department all of itsofficers,directors and partners whether or not such officers, directors, partners andemployees are licensed as insurance agents; and
(4) that the business entity has disclosed to the department each officer,director, partner and employee who is licensed as an insurance agent.
(d) Any business entity which acts as an insurance agent and holds adirect agency appointment from an insurance company shall be required to obtainan insurance agent license.
(e) The commissioner may require the applicant to furnish any document orother material reasonably necessary to verify the information contained in anapplication.
(f) Each insurer that sells, solicits or negotiates any form of limited linecredit insurance shall provide a program of instruction that may be approved bythecommissioner to each individual employed by or acting on behalf of such insurertosell, solicit or negotiate limited line credit insurance.
(g) (1) Each licensed insurance agent shall notify the commissioner ofany officer, director, partner or employee of such insurance agent who:
(A) Is licensed as an individual insurance agent; and
(B) was not disclosed in such insurance agent's application for a licenseor any renewal thereof.
(2) Each licensed insurance agent shall notify the commissioner of any ofits officers, directors, partners or employees who:
(A) Have terminated such relationship as an officer, director, partner oremployee of such insurance agent; and
(B) has been previously disclosed in such insurance agent's applicationfor a license or any renewal thereof.
(3) Each licensed insurance agent shall notify the commissionerwithin 30 working days of occurrence of any event required to bereported under paragraphs (1) or (2) of this subsection. Failure to provide thecommissioner with the information required by this subsection shall subject thelicensee to a monetary penalty of $10 per day for each working day the requiredinformation is late subject to a maximum of $50 per person per licensing year.
(h) Any applicant whose application for a license, is denied shall be givenanopportunity for a hearing in accordance with the provisions of the Kansasadministrative procedure act.
40-4905.Same; insurance agent license required;application; powers of commissioner; hearing.(a) Subject to the provisions ofK.S.A. 2009 Supp.40-4904, and amendmentsthereto, it shall beunlawful for anyperson to sell, solicit or negotiate any insurance within this state unlesssuch personhas been issued a license as an insurance agent in accordance with this act.
(b) Any person applying for a resident insurance agent license shall makeapplication on a form prescribed by the commissioner. The applicant shalldeclareunder penalty of perjury that the statements made in the application are true,correct and complete to the best of the applicant's knowledge and belief.Beforeapproving the application, the commissioner shall determine that the applicant:
(1) Is at least 18 years of age;
(2) has not committed any act that is grounds for denial pursuant to thissection or suspension or revocation pursuant toK.S.A. 2009 Supp.40-4909 andamendmentsthereto;
(3) has paid a nonrefundable fee in the amount of $30; and
(4) has successfully passed the examination for each line of authority forwhich the applicant has applied.
(c) If the applicant is a business entity, then the commissioner shall makethe following additional determinations in addition to those required bysubsection(a):
(1) The name and address of a licensed agent who shall be responsiblefor the business entity's compliance with the insurance laws of this state andtherules and regulations promulgated thereunder;
(2) that each officer, director, partner and employee of the business entitywho acts as an insurance agent is licensed as an insurance agent;
(3) that the business entity has disclosed to the department all of itsofficers,directors and partners whether or not such officers, directors, partners andemployees are licensed as insurance agents; and
(4) that the business entity has disclosed to the department each officer,director, partner and employee who is licensed as an insurance agent.
(d) Any business entity which acts as an insurance agent and holds adirect agency appointment from an insurance company shall be required to obtainan insurance agent license.
(e) The commissioner may require the applicant to furnish any document orother material reasonably necessary to verify the information contained in anapplication.
(f) Each insurer that sells, solicits or negotiates any form of limited linecredit insurance shall provide a program of instruction that may be approved bythecommissioner to each individual employed by or acting on behalf of such insurertosell, solicit or negotiate limited line credit insurance.
(g) (1) Each licensed insurance agent shall notify the commissioner ofany officer, director, partner or employee of such insurance agent who:
(A) Is licensed as an individual insurance agent; and
(B) was not disclosed in such insurance agent's application for a licenseor any renewal thereof.
(2) Each licensed insurance agent shall notify the commissioner of any ofits officers, directors, partners or employees who:
(A) Have terminated such relationship as an officer, director, partner oremployee of such insurance agent; and
(B) has been previously disclosed in such insurance agent's applicationfor a license or any renewal thereof.
(3) Each licensed insurance agent shall notify the commissionerwithin 30 working days of occurrence of any event required to bereported under paragraphs (1) or (2) of this subsection. Failure to provide thecommissioner with the information required by this subsection shall subject thelicensee to a monetary penalty of $10 per day for each working day the requiredinformation is late subject to a maximum of $50 per person per licensing year.
(h) Any applicant whose application for a license, is denied shall be givenanopportunity for a hearing in accordance with the provisions of the Kansasadministrative procedure act.
