§ 38.2-1869. Failure to satisfy requirements; termination of license.
A. Failure of an agent to satisfy the requirements of this article within thetime period specified in § 38.2-1868.1, either by obtaining the continuingeducation credits required and furnishing evidence of same to the Board orits administrator as required by this article, or by furnishing to the Boardacceptable evidence of exemption from the requirements of this article, or byobtaining, in a manner prescribed by the Board pursuant to this article, awaiver of the requirements for that biennium, shall result, subsequent tonotification by the Board to the Commission, in the administrativetermination of each license held by the agent for which the requirement wasnot satisfied.
B. The Board shall, on or about a date six months prior to the end of eachbiennium, provide a status report to each agent who has not yet fullysatisfied the requirements of this article for such biennium. Such reportshall inform the agent of his current compliance status for each license heldthat is subject to this article, and the consequences associated withnoncompliance, and shall be sent by first-class mail to such agent at hislast-known residence address as shown in the Commission's records. Failure ofan agent to receive such notification shall not be grounds for contestinglicense termination.
C. The Board shall, no later than 45 calendar days and no sooner than 60calendar days prior to the end of each biennium, provide a status report toeach agent who has not yet fully satisfied the requirements of this articlefor such biennium. Such report shall inform the agent of his currentcompliance status for each license held that is subject to this article, andthe consequences associated with noncompliance, and shall be sent byfirst-class mail to such agent at his last known residence address as shownin the Commission's records. Failure of an agent to receive such notificationshall not be grounds for contesting license termination.
D. 1. No administrative termination pursuant to this section shall becomeeffective until the Commission has provided 30 calendar days' written noticeof such impending termination to the agent by first-class mail sent to theagent at the agent's last known residence address as shown in theCommission's records. The notice period shall commence on the date that thewritten notice is deposited in the United States mail and, if the 30thcalendar day falls on a Saturday or Sunday, the end of the notice periodshall be extended to the next business day. Failure of an agent to receivesuch notification shall not be grounds for contesting a license termination.Any agent who obtained the required number of continuing education credits inthe time permitted for obtaining such credits shall be permitted to submitproof of compliance during the 30 calendar day notice period if the agentpays, in addition to the filing fee established by the Board for submissionof proof of compliance, a penalty of $500 to the Board in the mannerprescribed by the Board; provided that such payment and submission of proofof compliance shall be received by the Board or its administrator, in theform and manner required by the Board, prior to the end of the 30 calendarday notice period.
2. Neither the Board, its administrator, nor the Commission shall have thepower to grant an agent additional time for completing the continuingeducation credits required by § 38.2-1866, or additional time for submittingproof of compliance as required by § 38.2-1868.1, or additional time forseeking waivers or exemption pursuant to § 38.2-1870 or § 38.2-1871. Duringthe period of 30 calendar days immediately following such notice from theCommission, the Board shall permit agents either to demonstrate to thesatisfaction of the Board that the agent had, in fact, timely submitted andthe Board or its administrator had received proof of compliance on or beforethe filing deadlines set forth in § 38.2-1868.1 or to present proof ofcompliance and payment of the prescribed penalty and filing fee in accordancewith the procedure established in subdivision 1 of this subsection.
3. During the 30 calendar day notice period, the Board shall not be obligatedto review or respond to any other submissions except for submissions thatprove that the records of the Board or its administrator are incorrect andlate filing submissions permitted pursuant to subdivision 1 of thissubsection. Subsequent to the expiration of such 30-day period, and prior toproviding to the Commission the record of those agents who complied with therequirements of this article, the Board shall provide a reasonable additionalperiod of time for processing of appeals pursuant to § 38.2-1874. However,failure of an agent to provide written notice of appeal in the form andmanner required by the Board within 45 calendar days following the expirationof the 30-day period shall be deemed a waiver by such agent of the right toappeal the determination of noncompliance.
4. No more than 15 calendar days after the end of such appeal period, theBoard or its administrator shall provide to the Commission a final updatedrecord of those agents who complied with the requirements of this article,whereupon the Commission shall administratively terminate the licenses ofthose agents required to submit proof of compliance and by whom proof ofcompliance was not submitted in a proper or timely manner. Agents wishing tocontest the Commission's action in terminating a license shall adhere to theCommission's Rules of Practice and Procedure (5 VAC 5-20-10 et seq.) and theRules of the Supreme Court of Virginia. Failure by the agent to initiate suchcontest within 30 calendar days following the date of license terminationshall be deemed a waiver by the agent of the right to contest such licensetermination.
E. Pursuant to the requirements of subsection C of § 38.2-1815, §§ 38.2-4806and 6.1-2.21, respectively:
1. A resident variable contract agent whose life and annuities insuranceagent license is administratively terminated for failure to satisfy therequirements of this article shall also have such variable contract licenseadministratively terminated by the Commission;
2. A resident agent holding a license as a surplus lines broker whoseproperty and casualty insurance agent license is administratively terminatedfor failure to satisfy the requirements of this article shall also have suchsurplus lines broker license administratively terminated by the Commission;and
3. An agent holding a registration as a title settlement agent whose titleinsurance agent license is administratively terminated for failure to satisfythe requirements of this article shall also have such registration as a titlesettlement agent administratively terminated by the Commission.
Any such license or registration so terminated may be applied for again afterthe agent has obtained, respectively, a new life and annuities insuranceagent's license, a new property and casualty insurance agent's license, or anew title insurance agent's license and appointment, if appointment isrequired.
F. 1. Except as provided in subdivision 2 of this subsection, no residentagent whose license has been terminated under the terms of this section shallbe permitted to make application for a new license prior to the expiration ofa period of ninety calendar days from the date of termination of suchlicense. No resident agent applying for a license after termination of aprevious license pursuant to this section shall be issued a license unlessthe agent has successfully completed, subsequent to the end of the biennium,the examination required by § 38.2-1817. In such an event, the examinationrequirements shall not be subject to waiver under any circumstances,including those set forth in § 38.2-1817.
2. A resident agent whose license or licenses have been terminated under theterms of this section shall be permitted to make application for new licensesprior to the expiration of the 90-day period provided in this subsection,provided that such agent (i) pays to the Commission, in addition to anylicense processing fees, an administrative penalty of $1,000, which shall bepaid into the state treasury and credited to the fund for the maintenance ofthe Bureau of Insurance and (ii) has successfully completed, subsequent tothe end of the biennium, the examination required by § 38.2-1817. In such anevent, the examination requirements shall not be subject to waiver under anycircumstances, including those set forth in § 38.2-1817.
3. A nonresident agent whose license or licenses have been terminated underthe terms of this section shall be permitted to make application for newlicenses prior to the expiration of the 90 calendar day period provided inthis subsection, provided that such agent pays to the Commission, in additionto any license processing fees, an administrative penalty of $1,000, whichshall be paid into the state treasury and credited to the fund for themaintenance of the Bureau of Insurance. Nonresident agents who furnishevidence in the form and manner required by the Commission of their goodstanding in their state of residence shall not be required to complete theexamination required by § 38.2-1817, provided that the insurance supervisoryofficial of the nonresident agent's state of residence will grant similarexemptions to Virginia residents seeking license renewal or reissue in suchstate.
G. A resident or nonresident agent who voluntarily surrenders his licensewithout prejudice during a biennium or prior to the expiration of the appealperiod for that biennium as described in subsection D, and who has notprovided proof of compliance for such biennium, shall not be permitted toapply for a new license of the same type until such agent has complied withthe requirements of subsection F of this section. Further, if such agentchooses not to apply for a new license under the terms of subdivision F 2 orF 3 of this section, such agent shall not be permitted to obtain a newlicense of the same type until the expiration of the same 90-day periodapplicable to agents whose licenses are terminated pursuant to subsection Aof this section.
H. A resident agent whose license terminates because, within 180 calendardays prior to the end of a biennium, or prior to the expiration of the appealperiod for that biennium as described in subsection D, such agent moves hisresidence to another state, and who had not, prior to such relocation,provided proof of compliance for such biennium shall not be permitted toapply for a new license of the same type until such agent has complied withthe requirements of subdivisions F 1 and F 2 of this section. Further, if theagent chooses not to apply for a new license under the terms of subdivision F2 of this section, such agent shall not be permitted to obtain a new licenseof the same type until the expiration of the same 90-day period applicable toagents whose licenses are terminated pursuant to subsection A of this section.
I. An insurance consultant who fails to renew his insurance consultantlicense by the date specified in § 38.2-1840, but who obtains a new insuranceconsultant license within 12 months following such renewal date shall betreated, for purposes of determining exemption from continuing educationrequirements pursuant to § 38.2-1871, as if such insurance consultant licensehad been renewed in a timely manner.
(1992, c. 570; 1994, c. 175; 1995, c. 554; 1996, c. 159; 1997, c. 583; 1998,c. 46; 2000, c. 522; 2001, c. 706; 2002, c. 296; 2006, c. 589; 2010, c. 281.)
§ 38.2-1869. Failure to satisfy requirements; termination of license.
A. Failure of an agent to satisfy the requirements of this article within thetime period specified in § 38.2-1868.1, either by obtaining the continuingeducation credits required and furnishing evidence of same to the Board orits administrator as required by this article, or by furnishing to the Boardacceptable evidence of exemption from the requirements of this article, or byobtaining, in a manner prescribed by the Board pursuant to this article, awaiver of the requirements for that biennium, shall result, subsequent tonotification by the Board to the Commission, in the administrativetermination of each license held by the agent for which the requirement wasnot satisfied.
B. The Board shall, on or about a date six months prior to the end of eachbiennium, provide a status report to each agent who has not yet fullysatisfied the requirements of this article for such biennium. Such reportshall inform the agent of his current compliance status for each license heldthat is subject to this article, and the consequences associated withnoncompliance, and shall be sent by first-class mail to such agent at hislast-known residence address as shown in the Commission's records. Failure ofan agent to receive such notification shall not be grounds for contestinglicense termination.
C. The Board shall, no later than 45 calendar days and no sooner than 60calendar days prior to the end of each biennium, provide a status report toeach agent who has not yet fully satisfied the requirements of this articlefor such biennium. Such report shall inform the agent of his currentcompliance status for each license held that is subject to this article, andthe consequences associated with noncompliance, and shall be sent byfirst-class mail to such agent at his last known residence address as shownin the Commission's records. Failure of an agent to receive such notificationshall not be grounds for contesting license termination.
D. 1. No administrative termination pursuant to this section shall becomeeffective until the Commission has provided 30 calendar days' written noticeof such impending termination to the agent by first-class mail sent to theagent at the agent's last known residence address as shown in theCommission's records. The notice period shall commence on the date that thewritten notice is deposited in the United States mail and, if the 30thcalendar day falls on a Saturday or Sunday, the end of the notice periodshall be extended to the next business day. Failure of an agent to receivesuch notification shall not be grounds for contesting a license termination.Any agent who obtained the required number of continuing education credits inthe time permitted for obtaining such credits shall be permitted to submitproof of compliance during the 30 calendar day notice period if the agentpays, in addition to the filing fee established by the Board for submissionof proof of compliance, a penalty of $500 to the Board in the mannerprescribed by the Board; provided that such payment and submission of proofof compliance shall be received by the Board or its administrator, in theform and manner required by the Board, prior to the end of the 30 calendarday notice period.
2. Neither the Board, its administrator, nor the Commission shall have thepower to grant an agent additional time for completing the continuingeducation credits required by § 38.2-1866, or additional time for submittingproof of compliance as required by § 38.2-1868.1, or additional time forseeking waivers or exemption pursuant to § 38.2-1870 or § 38.2-1871. Duringthe period of 30 calendar days immediately following such notice from theCommission, the Board shall permit agents either to demonstrate to thesatisfaction of the Board that the agent had, in fact, timely submitted andthe Board or its administrator had received proof of compliance on or beforethe filing deadlines set forth in § 38.2-1868.1 or to present proof ofcompliance and payment of the prescribed penalty and filing fee in accordancewith the procedure established in subdivision 1 of this subsection.
3. During the 30 calendar day notice period, the Board shall not be obligatedto review or respond to any other submissions except for submissions thatprove that the records of the Board or its administrator are incorrect andlate filing submissions permitted pursuant to subdivision 1 of thissubsection. Subsequent to the expiration of such 30-day period, and prior toproviding to the Commission the record of those agents who complied with therequirements of this article, the Board shall provide a reasonable additionalperiod of time for processing of appeals pursuant to § 38.2-1874. However,failure of an agent to provide written notice of appeal in the form andmanner required by the Board within 45 calendar days following the expirationof the 30-day period shall be deemed a waiver by such agent of the right toappeal the determination of noncompliance.
4. No more than 15 calendar days after the end of such appeal period, theBoard or its administrator shall provide to the Commission a final updatedrecord of those agents who complied with the requirements of this article,whereupon the Commission shall administratively terminate the licenses ofthose agents required to submit proof of compliance and by whom proof ofcompliance was not submitted in a proper or timely manner. Agents wishing tocontest the Commission's action in terminating a license shall adhere to theCommission's Rules of Practice and Procedure (5 VAC 5-20-10 et seq.) and theRules of the Supreme Court of Virginia. Failure by the agent to initiate suchcontest within 30 calendar days following the date of license terminationshall be deemed a waiver by the agent of the right to contest such licensetermination.
E. Pursuant to the requirements of subsection C of § 38.2-1815, §§ 38.2-4806and 6.1-2.21, respectively:
1. A resident variable contract agent whose life and annuities insuranceagent license is administratively terminated for failure to satisfy therequirements of this article shall also have such variable contract licenseadministratively terminated by the Commission;
2. A resident agent holding a license as a surplus lines broker whoseproperty and casualty insurance agent license is administratively terminatedfor failure to satisfy the requirements of this article shall also have suchsurplus lines broker license administratively terminated by the Commission;and
3. An agent holding a registration as a title settlement agent whose titleinsurance agent license is administratively terminated for failure to satisfythe requirements of this article shall also have such registration as a titlesettlement agent administratively terminated by the Commission.
Any such license or registration so terminated may be applied for again afterthe agent has obtained, respectively, a new life and annuities insuranceagent's license, a new property and casualty insurance agent's license, or anew title insurance agent's license and appointment, if appointment isrequired.
F. 1. Except as provided in subdivision 2 of this subsection, no residentagent whose license has been terminated under the terms of this section shallbe permitted to make application for a new license prior to the expiration ofa period of ninety calendar days from the date of termination of suchlicense. No resident agent applying for a license after termination of aprevious license pursuant to this section shall be issued a license unlessthe agent has successfully completed, subsequent to the end of the biennium,the examination required by § 38.2-1817. In such an event, the examinationrequirements shall not be subject to waiver under any circumstances,including those set forth in § 38.2-1817.
2. A resident agent whose license or licenses have been terminated under theterms of this section shall be permitted to make application for new licensesprior to the expiration of the 90-day period provided in this subsection,provided that such agent (i) pays to the Commission, in addition to anylicense processing fees, an administrative penalty of $1,000, which shall bepaid into the state treasury and credited to the fund for the maintenance ofthe Bureau of Insurance and (ii) has successfully completed, subsequent tothe end of the biennium, the examination required by § 38.2-1817. In such anevent, the examination requirements shall not be subject to waiver under anycircumstances, including those set forth in § 38.2-1817.
3. A nonresident agent whose license or licenses have been terminated underthe terms of this section shall be permitted to make application for newlicenses prior to the expiration of the 90 calendar day period provided inthis subsection, provided that such agent pays to the Commission, in additionto any license processing fees, an administrative penalty of $1,000, whichshall be paid into the state treasury and credited to the fund for themaintenance of the Bureau of Insurance. Nonresident agents who furnishevidence in the form and manner required by the Commission of their goodstanding in their state of residence shall not be required to complete theexamination required by § 38.2-1817, provided that the insurance supervisoryofficial of the nonresident agent's state of residence will grant similarexemptions to Virginia residents seeking license renewal or reissue in suchstate.
G. A resident or nonresident agent who voluntarily surrenders his licensewithout prejudice during a biennium or prior to the expiration of the appealperiod for that biennium as described in subsection D, and who has notprovided proof of compliance for such biennium, shall not be permitted toapply for a new license of the same type until such agent has complied withthe requirements of subsection F of this section. Further, if such agentchooses not to apply for a new license under the terms of subdivision F 2 orF 3 of this section, such agent shall not be permitted to obtain a newlicense of the same type until the expiration of the same 90-day periodapplicable to agents whose licenses are terminated pursuant to subsection Aof this section.
H. A resident agent whose license terminates because, within 180 calendardays prior to the end of a biennium, or prior to the expiration of the appealperiod for that biennium as described in subsection D, such agent moves hisresidence to another state, and who had not, prior to such relocation,provided proof of compliance for such biennium shall not be permitted toapply for a new license of the same type until such agent has complied withthe requirements of subdivisions F 1 and F 2 of this section. Further, if theagent chooses not to apply for a new license under the terms of subdivision F2 of this section, such agent shall not be permitted to obtain a new licenseof the same type until the expiration of the same 90-day period applicable toagents whose licenses are terminated pursuant to subsection A of this section.
I. An insurance consultant who fails to renew his insurance consultantlicense by the date specified in § 38.2-1840, but who obtains a new insuranceconsultant license within 12 months following such renewal date shall betreated, for purposes of determining exemption from continuing educationrequirements pursuant to § 38.2-1871, as if such insurance consultant licensehad been renewed in a timely manner.
(1992, c. 570; 1994, c. 175; 1995, c. 554; 1996, c. 159; 1997, c. 583; 1998,c. 46; 2000, c. 522; 2001, c. 706; 2002, c. 296; 2006, c. 589; 2010, c. 281.)
§ 38.2-1869. Failure to satisfy requirements; termination of license.
A. Failure of an agent to satisfy the requirements of this article within thetime period specified in § 38.2-1868.1, either by obtaining the continuingeducation credits required and furnishing evidence of same to the Board orits administrator as required by this article, or by furnishing to the Boardacceptable evidence of exemption from the requirements of this article, or byobtaining, in a manner prescribed by the Board pursuant to this article, awaiver of the requirements for that biennium, shall result, subsequent tonotification by the Board to the Commission, in the administrativetermination of each license held by the agent for which the requirement wasnot satisfied.
B. The Board shall, on or about a date six months prior to the end of eachbiennium, provide a status report to each agent who has not yet fullysatisfied the requirements of this article for such biennium. Such reportshall inform the agent of his current compliance status for each license heldthat is subject to this article, and the consequences associated withnoncompliance, and shall be sent by first-class mail to such agent at hislast-known residence address as shown in the Commission's records. Failure ofan agent to receive such notification shall not be grounds for contestinglicense termination.
C. The Board shall, no later than 45 calendar days and no sooner than 60calendar days prior to the end of each biennium, provide a status report toeach agent who has not yet fully satisfied the requirements of this articlefor such biennium. Such report shall inform the agent of his currentcompliance status for each license held that is subject to this article, andthe consequences associated with noncompliance, and shall be sent byfirst-class mail to such agent at his last known residence address as shownin the Commission's records. Failure of an agent to receive such notificationshall not be grounds for contesting license termination.
D. 1. No administrative termination pursuant to this section shall becomeeffective until the Commission has provided 30 calendar days' written noticeof such impending termination to the agent by first-class mail sent to theagent at the agent's last known residence address as shown in theCommission's records. The notice period shall commence on the date that thewritten notice is deposited in the United States mail and, if the 30thcalendar day falls on a Saturday or Sunday, the end of the notice periodshall be extended to the next business day. Failure of an agent to receivesuch notification shall not be grounds for contesting a license termination.Any agent who obtained the required number of continuing education credits inthe time permitted for obtaining such credits shall be permitted to submitproof of compliance during the 30 calendar day notice period if the agentpays, in addition to the filing fee established by the Board for submissionof proof of compliance, a penalty of $500 to the Board in the mannerprescribed by the Board; provided that such payment and submission of proofof compliance shall be received by the Board or its administrator, in theform and manner required by the Board, prior to the end of the 30 calendarday notice period.
2. Neither the Board, its administrator, nor the Commission shall have thepower to grant an agent additional time for completing the continuingeducation credits required by § 38.2-1866, or additional time for submittingproof of compliance as required by § 38.2-1868.1, or additional time forseeking waivers or exemption pursuant to § 38.2-1870 or § 38.2-1871. Duringthe period of 30 calendar days immediately following such notice from theCommission, the Board shall permit agents either to demonstrate to thesatisfaction of the Board that the agent had, in fact, timely submitted andthe Board or its administrator had received proof of compliance on or beforethe filing deadlines set forth in § 38.2-1868.1 or to present proof ofcompliance and payment of the prescribed penalty and filing fee in accordancewith the procedure established in subdivision 1 of this subsection.
3. During the 30 calendar day notice period, the Board shall not be obligatedto review or respond to any other submissions except for submissions thatprove that the records of the Board or its administrator are incorrect andlate filing submissions permitted pursuant to subdivision 1 of thissubsection. Subsequent to the expiration of such 30-day period, and prior toproviding to the Commission the record of those agents who complied with therequirements of this article, the Board shall provide a reasonable additionalperiod of time for processing of appeals pursuant to § 38.2-1874. However,failure of an agent to provide written notice of appeal in the form andmanner required by the Board within 45 calendar days following the expirationof the 30-day period shall be deemed a waiver by such agent of the right toappeal the determination of noncompliance.
4. No more than 15 calendar days after the end of such appeal period, theBoard or its administrator shall provide to the Commission a final updatedrecord of those agents who complied with the requirements of this article,whereupon the Commission shall administratively terminate the licenses ofthose agents required to submit proof of compliance and by whom proof ofcompliance was not submitted in a proper or timely manner. Agents wishing tocontest the Commission's action in terminating a license shall adhere to theCommission's Rules of Practice and Procedure (5 VAC 5-20-10 et seq.) and theRules of the Supreme Court of Virginia. Failure by the agent to initiate suchcontest within 30 calendar days following the date of license terminationshall be deemed a waiver by the agent of the right to contest such licensetermination.
E. Pursuant to the requirements of subsection C of § 38.2-1815, §§ 38.2-4806and 6.1-2.21, respectively:
1. A resident variable contract agent whose life and annuities insuranceagent license is administratively terminated for failure to satisfy therequirements of this article shall also have such variable contract licenseadministratively terminated by the Commission;
2. A resident agent holding a license as a surplus lines broker whoseproperty and casualty insurance agent license is administratively terminatedfor failure to satisfy the requirements of this article shall also have suchsurplus lines broker license administratively terminated by the Commission;and
3. An agent holding a registration as a title settlement agent whose titleinsurance agent license is administratively terminated for failure to satisfythe requirements of this article shall also have such registration as a titlesettlement agent administratively terminated by the Commission.
Any such license or registration so terminated may be applied for again afterthe agent has obtained, respectively, a new life and annuities insuranceagent's license, a new property and casualty insurance agent's license, or anew title insurance agent's license and appointment, if appointment isrequired.
F. 1. Except as provided in subdivision 2 of this subsection, no residentagent whose license has been terminated under the terms of this section shallbe permitted to make application for a new license prior to the expiration ofa period of ninety calendar days from the date of termination of suchlicense. No resident agent applying for a license after termination of aprevious license pursuant to this section shall be issued a license unlessthe agent has successfully completed, subsequent to the end of the biennium,the examination required by § 38.2-1817. In such an event, the examinationrequirements shall not be subject to waiver under any circumstances,including those set forth in § 38.2-1817.
2. A resident agent whose license or licenses have been terminated under theterms of this section shall be permitted to make application for new licensesprior to the expiration of the 90-day period provided in this subsection,provided that such agent (i) pays to the Commission, in addition to anylicense processing fees, an administrative penalty of $1,000, which shall bepaid into the state treasury and credited to the fund for the maintenance ofthe Bureau of Insurance and (ii) has successfully completed, subsequent tothe end of the biennium, the examination required by § 38.2-1817. In such anevent, the examination requirements shall not be subject to waiver under anycircumstances, including those set forth in § 38.2-1817.
3. A nonresident agent whose license or licenses have been terminated underthe terms of this section shall be permitted to make application for newlicenses prior to the expiration of the 90 calendar day period provided inthis subsection, provided that such agent pays to the Commission, in additionto any license processing fees, an administrative penalty of $1,000, whichshall be paid into the state treasury and credited to the fund for themaintenance of the Bureau of Insurance. Nonresident agents who furnishevidence in the form and manner required by the Commission of their goodstanding in their state of residence shall not be required to complete theexamination required by § 38.2-1817, provided that the insurance supervisoryofficial of the nonresident agent's state of residence will grant similarexemptions to Virginia residents seeking license renewal or reissue in suchstate.
G. A resident or nonresident agent who voluntarily surrenders his licensewithout prejudice during a biennium or prior to the expiration of the appealperiod for that biennium as described in subsection D, and who has notprovided proof of compliance for such biennium, shall not be permitted toapply for a new license of the same type until such agent has complied withthe requirements of subsection F of this section. Further, if such agentchooses not to apply for a new license under the terms of subdivision F 2 orF 3 of this section, such agent shall not be permitted to obtain a newlicense of the same type until the expiration of the same 90-day periodapplicable to agents whose licenses are terminated pursuant to subsection Aof this section.
H. A resident agent whose license terminates because, within 180 calendardays prior to the end of a biennium, or prior to the expiration of the appealperiod for that biennium as described in subsection D, such agent moves hisresidence to another state, and who had not, prior to such relocation,provided proof of compliance for such biennium shall not be permitted toapply for a new license of the same type until such agent has complied withthe requirements of subdivisions F 1 and F 2 of this section. Further, if theagent chooses not to apply for a new license under the terms of subdivision F2 of this section, such agent shall not be permitted to obtain a new licenseof the same type until the expiration of the same 90-day period applicable toagents whose licenses are terminated pursuant to subsection A of this section.
I. An insurance consultant who fails to renew his insurance consultantlicense by the date specified in § 38.2-1840, but who obtains a new insuranceconsultant license within 12 months following such renewal date shall betreated, for purposes of determining exemption from continuing educationrequirements pursuant to § 38.2-1871, as if such insurance consultant licensehad been renewed in a timely manner.
(1992, c. 570; 1994, c. 175; 1995, c. 554; 1996, c. 159; 1997, c. 583; 1998,c. 46; 2000, c. 522; 2001, c. 706; 2002, c. 296; 2006, c. 589; 2010, c. 281.)
