State Codes and Statutes
Statutes > Utah > Title-31a > Chapter-23a > 31a-23a-20231A-23a-202. Continuing education requirements.
(1) Pursuant to this section, the commissioner shall by rule prescribe the continuingeducation requirements for a producer and a consultant.
(2) (a) The commissioner may not state a continuing education requirement in terms offormal education.
(b) The commissioner may state a continuing education requirement in terms ofclassroom hours, or their equivalent, of insurance-related instruction received.
(c) Insurance-related formal education may be a substitute, in whole or in part, forclassroom hours, or their equivalent, required under Subsection (2)(b).
(3) (a) The commissioner shall impose continuing education requirements in accordancewith a two-year licensing period in which the licensee meets the requirements of this Subsection(3).
(b) (i) Except as provided in this section, the continuing education requirements shallrequire:
(A) that a licensee complete 24 credit hours of continuing education for every two-yearlicensing period;
(B) that 3 of the 24 credit hours described in Subsection (3)(b)(i)(A) be ethics courses;and
(C) that the licensee complete at least half of the required hours through classroom hoursof insurance-related instruction.
(ii) The hours not completed through classroom hours in accordance with Subsection(3)(b)(i)(C) may be obtained through:
(A) home study;
(B) video recording;
(C) experience credit; or
(D) another method provided by rule.
(iii) (A) Notwithstanding Subsections (3)(b)(i)(A) and (B), a title insurance producer isrequired to complete 12 credit hours of continuing education for every two-year licensing period,with 3 of the credit hours being ethics courses unless the title insurance producer is licensed inthis state as a title insurance producer for 20 or more consecutive years.
(B) If a title insurance producer is licensed in this state as a title insurance producer for20 or more consecutive years, the title insurance producer is required to complete 6 credit hoursof continuing education for every two-year licensing period, with 3 of the credit hours beingethics courses.
(C) Notwithstanding Subsection (3)(b)(iii)(A) or (B), a title insurance producer isconsidered to have met the continuing education requirements imposed under Subsection(3)(b)(iii)(A) or (B) if the title insurance producer:
(I) is an active member in good standing with the Utah State Bar;
(II) is in compliance with the continuing education requirements of the Utah State Bar;and
(III) if requested by the department, provides the department evidence that the titleinsurance producer complied with the continuing education requirements of the Utah State Bar.
(c) A licensee may obtain continuing education hours at any time during the two-yearlicensing period.
(d) (i) A licensee is exempt from continuing education requirements under this section if:
(A) the licensee was first licensed before April 1, 1978;
(B) the licensee requests an exemption from the department; and
(C) the department approves the exemption.
(ii) If the department approves the exemption under Subsection (3)(d)(i), the licensee isnot required to apply again for the exemption.
(e) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thecommissioner shall, by rule:
(i) publish a list of insurance professional designations whose continuing educationrequirements can be used to meet the requirements for continuing education under Subsection(3)(b);
(ii) authorize a continuing education provider or a state or national professional produceror consultant association to:
(A) offer a qualified program for a license type or line of authority on a geographicallyaccessible basis; and
(B) collect a reasonable fee for funding and administration of a continuing educationprogram, subject to the review and approval of the commissioner; and
(iii) provide that membership by a producer or consultant in a state or nationalprofessional producer or consultant association is considered a substitute for the equivalent oftwo hours for each year during which the producer or consultant is a member of the professionalassociation, except that the commissioner may not give more than two hours of continuingeducation credit in a year regardless of the number of professional associations of which theproducer or consultant is a member.
(f) A fee permitted under Subsection (3)(e)(ii)(B) that is charged for attendance at aprofessional producer or consultant association program may be less for an association member,on the basis of the member's affiliation expense, but shall preserve the right of a nonmember toattend without affiliation.
(4) The commissioner shall approve a continuing education provider or continuingeducation course that satisfies the requirements of this section.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thecommissioner shall by rule set the processes and procedures for continuing education providerregistration and course approval.
(6) The requirements of this section apply only to a producer or consultant who is anindividual.
(7) A nonresident producer or consultant is considered to have satisfied this state'scontinuing education requirements if the nonresident producer or consultant satisfies thenonresident producer's or consultant's home state's continuing education requirements for alicensed insurance producer or consultant.
(8) A producer or consultant subject to this section shall keep documentation of completing the continuing education requirements of this section for two years after the end ofthe two-year licensing period to which the continuing education applies.
Amended by Chapter 127, 2009 General Session
