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Subject 120-2-3 REGULATIONS REGARDING AGENTS, SUBAGENTS, COUNSELORS, ADJUSTERS, SURPLUS LINES BROKERS, AND AGENCIES

Rule 120-2-3-.01 Authority

This Regulation is adopted and promulgated by the Commissioner of Insurance pursuant to the authority set forth in O.C.G.A. §§ 33-2-9 and 33-23-44.

Rule 120-2-3-.02 Purpose and Applicability

The purpose of this Regulation is to set forth rules and procedural requirements which the Commissioner deems necessary to carry out the provisions of Chapter 23 of Title 33 of the Official Code of Georgia Annotated relating to the licensing of agents, subagents, adjusters, counselors, agencies, and surplus line brokers. The information called for by this Regulation is hereby declared to be necessary and appropriate in the public interest and for the protection of the public in this State.

Rule 120-2-3-.03 Use of Terms and Exemptions

(1) "Purchaser," as that term is used in Code Section 33-23-1(a)(11), shall include but is not limited to a current or prospective coemployer, or one of its employees, of a "professional employer organization," as that term is defined in subsection (a) of Code Section 34-7-6.
(2) Policy Servicing and Administration
(a) Serving the master policyholder of group insurance in administering the details of such insurance, pursuant to O.C.G.A. § 33-23-1(b)(6), or engaging in the administration or operation of a program of employee benefits for the employer's or association's own employees or the employees of its subsidiaries or affiliates, pursuant to O.C.G.A. § 33-23-4(h)(2)(C), includes but is not limited to the following types of activities:
1. Creating or implementing a recordkeeping system to track contribution and benefit payments, to maintain participant information, and to accurately comply with government reporting requirements;
2. Acquiring evidence of coverage and plan member information booklets or materials from insurers to distribute to employees;
3. Collecting employee information to enroll employees in the group plan as necessary (e.g., social security number, date of birth, job title, salary) and transmitting such information to the insurer;
4. Deducting premiums from an employee's wages as necessary;
5. Remitting premiums from employees to the insurer;
6. Collecting and reporting to the insurer changes regarding an employee's family status (e.g., marriages, divorce, death, birth of child) or work status (e.g., terminations, new hires, change in employee's work hours - full-time/part-time); and
7. Administering or facilitating the termination of benefits or the extension of COBRA coverage.
(b)
1. A license as an agent, subagent, or counselor is not required for a person to serve as the master policyholder of group insurance in administering the details of such plan pursuant to O.C.G.A. § 33-23-1(b)(6).
2. A license as an agent, subagent, or counselor is not required to engage in the administration or operation of a program of employee benefits for the employer's or association's own employees or the employees of its subsidiaries or affiliates pursuant to O.C.G.A. § 33-23-4(h)(2)(C).
3. When a person performs activities that fall within the definition of "sell," "solicit," or "negotiate," as set forth in O.C.G.A. § 33-23-1, as to those activities, such person is not exempt from licensure in accordance with the exemptions set forth in O.C.G.A. § 33-23-1(b)(6) or O.C.G.A. § 33-23-4(h)(2)(C).
(3) Unless the context otherwise requires, terms found in this Regulation are used as defined in O.C.G.A § 33-1-2, § 33-23-1, or this Regulation. Other terminology is used in accordance with the Georgia Insurance Code or industry usage if not defined in the Georgia Insurance Code.

Rule 120-2-3-.04 Forms of Filings

(1) Unless otherwise indicated, and to the extent provided, each filing required under this Regulation Chapter is to be made on forms prescribed by the Commissioner. Such forms can be obtained from the Office of Commissioner of Insurance.
(2) Forms may be reproduced and may be altered to accommodate manual or automated processing provided the same information is presented in the same order as in the forms obtained from the Office of Commissioner of Insurance.
(3) The Commissioner may allow or require submissions and filings required by Chapter 23 of Title 33 of the Official Code of Georgia Annotated and/or this Regulation to be made by electronic means.

Rule 120-2-3-.05 Licensure of Agencies

(1) For the purposes of O.C.G.A. § 33-23-3, a principal office of an agency shall be defined as the primary location of an agency or agency organization with multiple locations. An agency or organization with multiple locations seeking licensure must designate one agency location as the principal office of such organization. A branch office of an agency shall be defined as all other locations of the agency or agency organization.
(2) In order to be eligible for an agency license issued in accordance with Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation, the applicant must make proper application to the Commissioner and pay all required fees.
(3) In accordance with O.C.G.A. § 33-23-3, an application for an agency license must be accompanied by the appropriate form containing the designation of the principal office of the agency. For filings regarding an agency branch office location, the name and address of the agency's principal office location will be required.
(4) Each principal office and branch office shall remit the fee prescribed in O.C.G.A. § 33-8-1 with the agency licensing application. Effective July 1, 2012, all new agency licenses will be issued on a biennial basis.
(5) Each agency location must have at least one licensed agent whose primary place of business is that agency location.
(6) A business entity must be licensed as an agency if it employs an individual who is required to be licensed as an agent pursuant to O.C.G.A. § 33-23-1 et seq. and this Regulation, and such individual is selling, soliciting, or negotiating insurance on behalf of that business entity.
(7) The lines of authority of an agency cannot be greater than the lines of authority held by the agent or agents whose primary place of business is that agency location.
(8) An agency license does not eliminate the need for an agent license for any individual that sells, solicits, or negotiates insurance.
(9) License renewal:
(a) All agency licenses issued prior to July 1, 2012 expire on December 31 of the year issued; an agency is required to renew the license prior to expiration on forms prescribed by the Commissioner. The appropriate fee as prescribed in O.C.G.A. § 33-8-1 must accompany the renewal application.
(b) The appropriate fee as prescribed in O.C.G.A. § 33-8-1 must accompany the renewal application. Beginning July 1, 2012, upon renewal, all agency licenses will be converted to a biennial license.
(10) A licensed entity under Chapter 3 of Title 7 of the Official Code of Georgia Annotated shall be deemed licensed under this Regulation.
(11) The license issued in accordance with this Rule must be available for public inspection in the agency location.

Rule 120-2-3-.06 Kinds of Licenses Issued

(1) Agent and agency licenses will be issued in the following categories:
(a) Life - insurance coverage on human lives including benefits of endowment and annuities, and may include benefits in the event of death or dismemberment by accident and benefits for disability income.
(b) Accident and sickness - insurance coverage for sickness, bodily injury or accidental death and may include benefits for disability income.
(c) Property - insurance coverage for the direct or consequential loss or damage to property of every kind.
(d) Casualty - insurance coverage against legal liability, including that for death, injury or disability or damage to real or personal property; also includes surety.
(e) Variable products - insurance coverage provided under variable life and variable annuity contracts.
(f) Personal lines - property and casualty insurance coverage sold to individuals and families for primarily noncommercial purposes.
(g) Credit - limited line credit insurance.
(h) Any other line of insurance permitted by Georgia law or regulation.
(2) A limited subagent license may be issued in accordance with Rules 120-2-3-.29 and 120-2-3-.31.
(3) Other licenses may be issued as follows:
(a) Adjuster license for the following categories that are not exempt from the definition of adjuster pursuant to the Official Code of Georgia Annotated § 33-23-1(a)(1):
1. Adjuster - an adjuster who works on behalf of an insurer and/ or an adjusting firm whose licensure is limited to property and casualty. An adjuster may not represent an insured individual.
2. Public adjuster - an adjuster who works on behalf of insured individuals and whose licensure is limited to property and casualty. A public adjuster may not represent an insurer.
3. Workers' Compensation adjuster - an adjuster whose scope of licensure is limited to Workers' Compensation insurance. A workers' compensation adjuster may not represent an insured individual.
4. Crop hail adjuster - an adjuster whose scope of licensure is limited to crop hail and multi-peril crop insurance. A crop hail adjuster may not represent an insured.
(b) Counselor license for the following categories:
1. Counselor license limited to property and casualty.
2. Counselor license limited to life, accident and sickness.
3. Limited Health Counselor License limited to accident and sickness.
(c) Temporary agent license:
1. May be issued for any category or combination of categories listed under Paragraph (1) of this Section except for credit and variable products.
2. May only be issued in compliance with O.C.G.A. § 33-23-13.
(d) Nonresident license:
1. May be issued for any category or categories listed under Paragraph (1) of this Section.
2. May not be granted authority for any line or limited line of insurance not granted under the license held pursuant to the laws of the state of residence except as provided for in O.C.G.A. § 33-23-16(h).
(e) Nonactive agent license - the type of license described in O.C.G.A. §§ 33-23-4(f) and 33-23-18(e).
(f) Surplus line brokers.
(g) Other limited licenses as provided in this Regulation.

Rule 120-2-3-.07 Resident Agent License Requirements

(1) In order to be eligible for any resident agent insurance license issued in accordance with Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation, the applicant must make proper application to the Commissioner and pay all required fees.
(2) The application process for an agent license shall include sponsorship by an insurer licensed to do business in this state. Prior to issuance of the license, the sponsor shall agree to appoint the applicant as a representative of the company. The sponsor shall affirm that an investigation on the general character of the applicant has been conducted by an agency not affiliated with the insurer and that the sponsor recommends the applicant for a license. Such investigation shall include a criminal background check.
(a) Effective January 1, 2010, the application process for an agent license will no longer require sponsorship by an insurer. Upon issuance of the agent license, the licensee must obtain a certificate of authority from each insurer that they will represent.
(b) Effective January 1, 2010, all new applicants, excluding active licensees and individuals that apply for reinstatement within 6 months of expiration date, shall be required to submit electronic fingerprints through a vendor selected by the Department for a criminal background check. The applicant shall bear the cost for electronic fingerprinting.
(3) The resident agent applicant must complete an approved prelicensing course unless specifically exempted by Chapter 23 of Title 33 of the Official Code of Georgia Annotated or this Regulation. All prelicensing courses must contain a minimum of twenty (20) hours of instruction per major line of authority; the major lines are
(a) Life;
(b) Accident and Sickness;
(c) Property;
(d) Casualty; and
(e) Personal Lines.
(4) The applicant must pass the required examination for licensure within 12 months of the completion of the prelicensing course. All applicants must apply for licensure within 12 months from receiving a passing grade on the examination.
(5) Exceptions to the 20 hour prelicensing course requirements:
(a) Applicants for licenses in lines or sublines of property or casualty insurance who hold the designation of Chartered Property and Casualty Underwriter (CPCU), Certified Insurance Counselor (CIC), Certified Insurance Representative (CISR), Certified Risk Manager (CRM);
(b) Applicants for licenses in the lines or sublines of life or health insurance who hold the designation of Chartered Life Underwriter (CLU) or Fellow Life Management Institute (FLMI);
(c) Applicants for temporary licenses;
(d) Applicants for credit insurance agent licenses;
(e) Applicants who provide satisfactory evidence such as a transcript from a college or university indicating successful completion of two (2) college or university courses related to insurance. Such courses must relate to the lines of authority for which the Applicant has applied;
(f) Applicants who hold college degrees in insurance;
(g) Applicants who qualify for exemption under O.C.G.A. §§ 33-23-5(a)(5)(A) and 33-23-5(a)(5)(B);
(h) Applicants for agent licenses as referenced in Rules 120-2-3-.23, .29, .32, .41, and .44 of this Regulation Chapter;
(i) Other applicants as the Commissioner at his discretion may determine.

Rule 120-2-3-.08 Prelicensing Course and Provider Approval

(1) All agent and adjuster prelicensing courses must contain a minimum of twenty (20) hours of instruction per major line of authority; the major lines are
(a) Life;
(b) Accident and Sickness;
(c) Property;
(d) Casualty; and
(e) Personal Lines.
(2) Limited subagent courses must contain a minimum of twenty (20) hours per combination lines of life, accident and sickness or property and casualty.
(3) Navigator prelicensing courses must contain a minimum of ten (10) hours of instruction in health benefit insurance, the exchange provision of the federal act, the medical assistance program provided for by Article 7 of Chapter 4 of Title 49, and the PeachCare for Kids Program provided for by Article 13 of Chapter 5 of Title 49, information pertaining to state licensing laws and any other information which will give the applicant a proficient knowledge of state insurance laws.
(4) Additionally, all prelicensing courses must meet the following standard:
(a) Instructors must have had training or educational experience satisfactory to the Commissioner in order to be certified to teach any part of an approved prelicensing course. Each instructor must have three (3) or more years in insurance work or otherwise qualify with equivalent educational and teaching experience and be approved by the Commissioner prior to teaching any prelicensing course, or any part of any course.
(b) Reference materials such as sample policy forms, manuals, the Georgia Insurance Code, textbooks, Georgia Insurance Department study manuals as appropriate, programmed textual materials, and other illustrative materials are required to be readily available for student use.
(c) All classrooms used shall be rooms separate from other activities while instruction is being given and shall provide comfortable physical facilities for the students. Such classrooms must be properly equipped with sufficient desk or table space to accommodate the number of students taking the course and must contain sufficient teaching aids to facilitate a learning atmosphere for those students.
(d) The subject matter of the prelicensing course must pertain to the category or categories of license for which the applicant has applied or is intending to apply and must include all of the following to such extent as the information applies to the categories of license sought by the applicant:
1. The Georgia Agents' Licensing Study Manual Life and Health, and the Georgia Agents' Licensing Study Manual Property and Casualty;
2. Chapters 5, 6, 7, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 39, 42, 43, 44, 50, and 51 of Title 33 of the Official Code of Georgia Annotated and corresponding regulations;
3. Fundamental needs of various kinds of insurance;
4. Study and analysis of various kinds of policies, endorsements, riders, and other policy contract documents;
5. Study and analysis of various rating plans and systems; and
6. Such additional material as the commissioner may from time to time require by notice to course sponsors.
(e) All prelicensing courses must include O.C.G.A. §§ 33-1-9, 33-1-16 and this Regulation.
(f) If the prelicensing course is conducted in a virtual classroom setting, for example as a web cast or internet based course, system security must be in place to ensure user attendance.
(4) Any person, including but not limited to, colleges and universities, insurers, adult education centers, and associations may seek approval as a provider of prelicensing courses.
(5) Course providers must obtain approval from the Commissioner prior to the beginning of any course. To request approval, the provider shall file with the Commissioner the appropriate required form and pay the appropriate fees, and the following:
(a) An outline of the proposed course, including instructional time for each course major component;
(b) A list of all instructional materials to be used;
(c) A description of the facility to be used as a classroom and a statement that adequate parking facilities are available and that handicap access is provided;
(d) The name or names of the instructors; and
(e) The category or categories of license for which the course is intended to prepare applicants for licensing.
(6) The Commissioner may require further detail of the proposed course content or filing of copies of any instructional materials to be used as are necessary to determine the adequacy of the proposed instruction.
(7) Course providers must provide a listing of examination sites and times to each applicant. The Commissioner will notify all course sponsors of any changes in the information.
(8) Nothing in this Regulation is intended to prohibit any person upon payment of any required fees from taking any prelicensing course whether or not such person has applied for or intends to apply for a license under Chapter 23 of Title 33 of the Official Code of Georgia Annotated.
(9) Course providers must certify to the Commissioner and the student on the appropriate required form, the contact hours completed by each applicant.
(a) The course provider name and instructor name must appear on certification; the instructor must sign such certification.
(b) False certification shall be cause for withdrawal of approval of the course provider or instructor and shall be deemed a violation of Chapter 23 of Title 33 of the Official Code of Georgia Annotated.
(c) The Commissioner may require certification of course completions to be reported electronically. Such reporting must be submitted within fourteen (14) days from course completion.
(10) Instructors may receive the same credit for courses as applicants when their attendance is certified in the same manner as provided in Paragraph (7) of this Section.
(11) The Commissioner may review any approved program, instructor or course and may cancel approval of such program, instructor or course with regard to all future offerings. Once a program, instructor or course provider has been canceled, such program, instructor or course provider shall not reapply for approval for a period of five (5) years from the date of cancellation.

Rule 120-2-3-.09 Examinations

(1) All resident applicants required under Chapter 23 of Title 33 of the Official Code of Georgia Annotated shall submit to examination by the Commissioner except:
(a) Applicants for agent licenses in lines or sublines of life or health insurance who hold the designation of CLU or FLMI;
(b) Applicants for agent licenses in lines or sublines of property and casualty who hold the designation of CPCU;
(c) Applicants for licenses as counselors who hold the designation of Certified Insurance Counselor (CIC), Accredited Advisor in Insurance (AAI), Registered Employee Benefits Consultant (REBC), CPCU as specified in Rule 120-2-3-.09(1)(b), CLU or FLMI as specified in Rule 120-2-3-.09(1)(a), or applicants deemed by the Commissioner to have sufficient experience and qualifications in the lines of authority for which the applicant seeks licensure;
(d) Applicants for Limited Health Counselor licensure that have five (5) years' experience licensed as an agent in the line of accident and sickness;
(e) Applicants for Limited Health Counselor licensure that hold the designation of CIC, CLU, FLMI, REBC and Registered Health Underwriter (RHU);
(f) Applicants for limited licenses in accordance with Rules 120-2-3-.29, .31, .32, .39, .44, .45, and .47 of this Regulation Chapter;
(g) Applicants holding a Ph.D. in Risk Management;
(h) Adjusters who are salaried employees of insurers;
(i) Applicants for temporary licenses;
(j) Applicants for credit insurance agent or agency licenses;
(k) Applicants for a workers compensation adjuster license who hold the designation of Certified Workers Compensation Professional (CWCP);
(l) Applicants for adjuster licenses who hold the designation of Universal Claims Certification (UCC);
(m) Such other applicants as the Commissioner may, at his discretion, determine.
(n) The applicant who was previously licensed for the same lines of authority in another state shall not be required to complete any prelicensing education or examination. This exemption is only available if the individual is currently licensed in that state or if the application is received within 90 days of the cancellation of the applicant's previous license and if the prior state issues a certification that, at the time of cancellation, the applicant was in good standing in that state or the state's producer data base records maintained by the National Association of Insurance Commissioners (NAIC), its affiliates, or subsidiaries indicate that the applicant is or was licensed in good standing for the line of authority requested.
(2) The passing grade on examinations for licenses shall be seventy percent (70%).
(3) Any person taking an examination for licensing and not receiving a passing grade shall not be entitled to retake the examination until two (2) weeks have elapsed, and will be required to pay the appropriate fee. A person who completes a prelicensing course through an independent provider who fails to pass an examination after taking it three (3) times must take a prelicensing course from a different provider prior to retaking the exam. A person who took a prelicensing course taught via a virtual classroom who fails to pass an examination after taking it three (3) times must take an in-classroom prelicensing course prior to retaking the exam.
(4) A person who has not completed the licensing requirements within twelve (12) months of the date of receiving a passing exam score will be required to retake the examination.

Rule 120-2-3-.10 Testing - Authority for Alternate Means

The Commissioner may enter into agreements with persons for the purpose of providing licensing testing services to the Department. In addition to the fees required, applicants tested under such agreements will be required to pay directly to the provider the cost of such service.

Rule 120-2-3-.11 Background Investigation

(1) Any natural person filing an application or other filing with the Commissioner under Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation must give his or her permission for a criminal background investigation.
(2) Effective January 1, 2010, all new resident applicants, excluding active licensees and individuals that apply for reinstatement within 6 months of expiration date, shall be required to submit electronic fingerprints through a vendor selected by the Department for a criminal background check. The applicant shall bear the cost for electronic fingerprinting.

Rule 120-2-3-.12 Continuing Education Courses and Provider Approval

(1) Considerations for program or course qualification and approval shall be based on improving the student's knowledge in the insurance areas in which the student is licensed.
(a) The overriding consideration in determining whether a specific program or course qualifies as acceptable continuing education is that it be a formal program of learning which contributes directly to the professional or technical competence of a licensed individual. Sales, motivational, self- improvement, telephone techniques, office techniques (except to the extent of improving service to the public when combined with other eligible instruction), election of officers, installation of officers, attendance at conventions and other similar activities, programs, or courses will not be approved.
(b) Programs or courses must be related directly to the types of insurance business or accounts for which a continuation of licenses is sought. In general, subjects would be acceptable if they contribute to the technical competence of the individual person in the capacity for which such person is licensed.
(c) The training required under 120-2-3-.15(2)(f) shall consist of topics related to long term care insurance, long term care services and qualified state long term care insurance Partnership programs under Rule 120-2-16-.34(5), including but not limited to
1. State and federal regulations and requirements and the relationship between qualified state long term care insurance Partnership programs and other public and private coverage of long term care services, including Medicaid;
2. Available long term services and providers;
3. Changes or improvements in long term care services or providers;
4. Alternatives to the purchase of private long term care insurance;
5. The effect of inflation on benefits and the importance of inflation protection;
6. Consumer suitability standards and guidelines;
7. Said course must contain a minimum of two (2) hours instruction covering Georgia Medicaid provisions.
(d) The training required under 120-2-3-.15(2)(g) can be approved to be delivered as a classroom course or self-study; the course shall not include any marketing information or provide training on sales techniques or provide specific information about a particular insurer's products; the training required shall consist of topics related to annuities and annuity suitability and must include the following:
1. The types of annuities and various classifications of annuities;
2. Identification of the parties to an annuity;
3. How fixed, variable and indexed annuity contract provisions affect consumers;
4. The application of income taxation of qualified and non-qualified annuities;
5. The primary uses of annuities; and
6. Appropriate sales practices, replacement and disclosure requirements.
(2) The general requirements for course or program conduct shall be:
(a) An outline of the program must be prepared by the program director or instructor and provided to each student;
(b) The program must be conducted by a person whose formal training and experience qualify such person as an instructor;
(c) Hours of continuing education credit earned shall be calculated in full hours only;
(d) Throughout the entire program, the program provider and the licensee must maintain a record of registration and attendance;
(e) Such courses or program must be filed with the Commissioner at least forty-five (45) days in advance of the date when such approval is desired;
(f) Credit will be given for contact hours only, except:
1. University or college credit courses - each semester credit hour shall equal three (3) hours toward the requirement, each quarter hour shall equal two (2) hours;
2. Noncredit courses from a college or university - each classroom hour shall be deemed to be one hour of continuing education.
(g) Correspondence or other individual study programs (including taped study programs) will qualify if they:
1. Have received the prior approval of the Commissioner;
2. Require registration; and
3. Certify satisfactory completion, including a proctored final examination.
(h) If any scheduled course or program is to be cancelled by the provider, the provider must notify the Department and all registrants at least 10 days prior to the previously scheduled start of the course or program provided, however, that this restriction shall not apply if, at the time of registration, the provider notifies registrants in writing that the class is subject to cancellation and registrants are notified of the cancellation a reasonable time in advance of the scheduled start of the course or program.
(3) The program or course filing requirements are:
(a) Continuing education sponsors must complete the appropriate form, pay the required fees, and must submit those items required in Rules 120-2-3-.08(3) and (4);
(b) The Commissioner, at his discretion, may verify the information submitted by the program, instructor or course provider. The Commissioner may review any approved program, instructor or course and may cancel approval of such program, instructor or course with regard to all future offerings. Once a program, instructor or course provider has been canceled, such program, instructor or course provider shall not reapply for approval for a period of five (5) years from the date of the cancellation.
(4) For courses, seminars, or programs offered in Georgia, the person, group, association, or institution making such courses or programs available would be the program provider, seeking its approval for continuing education purposes, and monitoring and certifying students' performance or attendance.
(5) For out-of-state courses, seminars, or programs offered by regional or national professional associations or societies, the national professional association may assume the role of sponsor. However, local or state chapters or affiliates of the national professional association may, through their local offices, assume the role of Georgia provider of the national course, seminar, or program, seeking course approval for continuing education purposes and monitoring and certifying students' performance and attendance.
(6) The following standards will be used to measure the hours of credit to be given for acceptable continuing education programs/ courses completed by any individual:
(a) Programs requiring class attendance:
1. All programs will be measured in terms of contact hours. The shortest recognized program will consist of one (1) contact hour. A contact hour is fifty (50) minutes of continuous participation in a course or program. Under this standard, credit is granted only for full contact hours. For example, a course or program lasting between fifty (50) and one hundred (100) minutes would count for only one (1) hour.
2. For continuous programs or courses, when individual segments are less than fifty (50) minutes, the sum of the segments should be considered one (1) total program.
3. Program providers must monitor group programs in order to accurately assign the appropriate number of credit hours for participants who arrive late or leave before a program is completed.
4. Credit will be allowed for a question and answer period at the rate of fifty percent (50%) of the number of minutes devoted to questions and answers. Credit will not be allowed for introductions, announcements or other such activity which may be a part of the program.
5. Only hours in class, or the equivalent, will be counted. No credit will be allowed for time devoted to preparation.
6. Each semester hour of credit from a college or university shall be deemed to be three (3) hours of continuing education credit, and each quarter hour of credit shall be deemed to be two (2) hours of continuing education credit.
7. Each classroom hour of noncredit courses from a college or university shall be counted as one (1) hour of continuing professional education.
(b) Correspondence and other individual study programs:
1. In determining the amount of credit to be allowed for specific correspondence and individual study programs, each course provider must certify the hours of study, on the average, required to complete a course successfully. Credit will be given for fifty percent (50%) of hours so certified upon certification of successful completion.
2. Successful completion must include a proctored final examination.
3. Credit will be allowed in the renewal period in which the course is completed.
(7) A program provider may request that its materials furnished for certification be kept confidential on the grounds that they are of a proprietary nature and intended only for program attendees, its agents or employees. The Commissioner or his designee will promptly review and return such materials.
(8) Course providers must certify contact hours to the Commissioner electronically or by means prescribed by the Commissioner. Such reporting must be submitted within fourteen (14) days from course completion. Failure to do so may result in administrative action taken against the provider. Course providers must provide certification to each person taking the course in the same manner as provided in Rule 120-2-3-.08(7).
(9) Instructors may receive the same credit for courses as applicants when their attendance is certified as provided in Paragraph (8) of this Section.

Rule 120-2-3-.13 Renewal of Educational Providers and Instructors

(1) All approved educational providers and instructors must file a renewal application and pay the required fees on or before October 1 of each year.
(2) Approval is hereby withdrawn without further notice for any provider or instructor not renewing as required in paragraph (1). Failure to renew will result in the cancellation of all educational providers, courses, and instructors.

Rule 120-2-3-.14 Resident Agent Personal Lines License

(1) In order to be eligible for a resident agent personal lines license in accordance with Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation, the applicant must make proper application to the Commissioner and pay all required fees.
(2) The application process for an agent license shall include sponsorship by an insurer licensed to do business in this state. Prior to issuance of the license, the sponsor shall agree to appoint the applicant as a representative of the company. The sponsor shall affirm that an investigation on the general character of the applicant has been conducted by an agency not affiliated with the insurer and that the sponsor recommends the applicant for a license. Such investigation shall include a criminal background check.
(a) Effective January 1, 2010, the application process for an agent license will no longer require sponsorship by an insurer. Upon issuance of the agent license, the licensee must obtain a certificate of authority from each insurer that they will represent.
(b) Effective January 1, 2010, all new applicants, excluding active licensees and individuals that apply for reinstatement within 6 months of expiration date, shall be required to submit electronic fingerprints through a vendor selected by the Department for a criminal background check. The applicant shall bear the cost for electronic fingerprinting.
(3) The resident agent applicant must complete an approved prelicensing course in personal lines unless specifically exempted by Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation. All prelicensing courses must contain a minimum of twenty (20) hours of instruction. The applicant must pass the required examination for licensure within 12 months of the completion of the prelicensing course. All applicants must apply for licensure within 12 months from receiving a passing grade on the examination.
(4) Exceptions to prelicensing course:
(a) Applicants who hold a designation of Chartered Property and Casualty Underwriter (CPCU);
(b) Applicants who qualify for exemption under O.C.G.A. §§ 33-23-5(a)(5)(A) and 33-235(a)(5)(B);
(c) Applicants for temporary licenses;
(d) Applicants who provide satisfactory evidence such as a transcript from a college or university indicating successful completion of two (2) college or university courses related to insurance. Such courses must relate to the lines of authority for which the Applicant has applied;
(e) Applicants who hold college degrees in insurance;
(f) Other applicants at the Commissioner's discretion.
(5) All continuing education requirements as outlined in Rule 120-2-3-.15 and all renewal requirements as outlined in Rule 120-2-3-.16 apply to personal lines licenses.

Rule 120-2-3-.15 Resident Continuing Education Requirements

(1) Continuing education requirements.

Each resident licensee licensed for less than 20 years must complete a minimum of twenty four (24) continuing education hours, three (3) of which must be completed in Ethics, by the dates specified in Rule 120-2-3-.16. For resident licensees continually licensed for 20 years or longer, a minimum of twenty (20) continuing education hours, three (3) of which must be completed in Ethics, by the dates specified in Rule 120-2-3-.16. The continuing education hours may be completed at any time during the current biennial license period as long as the hours are completed prior to the license expiration date.

(2) Continuing education hours may be completed in any subject area for which he or she is licensed, provided licensees complete a minimum of three (3) hours of their continuing education requirement in the subject area of Ethics biennially. The Ethics requirement may be satisfied by completing courses in the subject area of Ethical practices, Legislative updates or Federal or Departmental Regulatory changes in insurance, current issues and other such topics that the Commissioner may at his or her discretion approve.
(a) Credit Insurance Exception. For any person holding a multiple line license where one of the lines is Credit insurance, no more than five (5) hours can come in the area of Credit insurance self-study. The remainder of the continuing education requirement must come from the other lines of insurance. If licensed for credit insurance only, the Ethics course requirement does not apply.
(b) Limited Subagent Exception. For any person holding multiple license types, where one of the licenses is for a Limited Subagent, no more than five (5) hours of continuing education credit can come from the subject area that coincides with the Limited Subagent license. The remainder of the continuing education requirement must come from the lines of insurance held under the agent, adjuster or counselor license. If licensed only as a Limited Subagent, the Ethics course requirement does not apply.
(c) Workers' Compensation Adjuster Exception. Licensee may either complete 10 hours of approved continuing education courses through the State Workers' Compensation Board; or complete the normal continuing education requirement specifically in the lines of property and casualty. If licensed as a workers' compensation adjuster only, the ethics requirement does not apply. After conversion to a biennial license, each resident licensee must complete twenty (20) hours of approved continuing education courses through the State Workers' Compensation Board or complete the normal continuing education requirement specifically in the lines of property and casualty, by the dates specified in Rule 120-2-3-.16.
(d) Persons newly licensed prior to July 1, 2012. Newly licensed persons who have taken the required prelicensing course will be considered to have met the initial requirements for continuing education by filing a copy of the prelicensing course certificate with the required renewal form. This exemption only applies to continuing education requirements for the first year of licensure for those who obtained their license prior to July 1, 2012.
(e) Agents licensed in the property line of authority that will be selling through the National Flood Insurance Program (NFIP) must complete a one-time three (3) hour continuing education course related to NFIP. This three (3) hour course will count towards the agent's continuing education requirement and can be used toward the Ethics requirement.
(f) On or after January 1, 2009, an Agent may not sell, solicit or negotiate a long term care partnership policy unless the individual has completed an initial eight (8) hour long term care training course. Agent must also complete ongoing training consisting of a four (4) hour continuing education course every 24 months. Such training must meet the requirements as outlined in Section 120-2-3-.12. To meet the 24-month timing requirements, an agent must complete this long term care continuing education course during each biennial license cycle required of all other continuing education requirements as set out in Section 120-2-3-.16 measured from the date of completion of the agent's initial eight (8) hour long term care training course.
1. Resident agents that have taken another state's qualified long term care partnership course may receive credit for up to six (6) hours toward the Georgia partnership training course requirement. Such resident agent must complete an approved two (2) hour Georgia specific Medicaid course in order to meet the eight (8) hour training requirement.
2. Insurers offering a long term care partnership policy shall obtain verification that an agent has received the training required in 120-2-3-.12(1)(c) and this section before the agent is permitted to sell, solicit or negotiate the insurer's long term care partnership policy.
3. Each insurer shall maintain records with respect to the training of its agents qualified to sell, solicit or negotiate long term care partnership policies, to include training received and that the agent has demonstrated an understanding of the partnership policies and their relationship to public and private coverage of long term care, including Medicaid. These records shall be maintained for a period of not less than five years and shall be made available to the Commissioner upon request.
(g) On or after March 1, 2016, an Agent may not sell, solicit or negotiate an annuity product unless the individual has completed a one- time four (4) hour Annuity Suitability continuing education course approved by the department of insurance and provided by a department approved education provider.
1. Insurance producers who hold a life insurance line of authority on the effective date of this regulation and who desire to sell annuities shall complete the requirements of this subsection within six (6) months after the effective date of this regulation.
2. Individuals who obtain a life insurance line of authority on or after the effective date of this regulation may not engage in the sale of annuities until the annuity training course required under this subsection has been completed.
3. The satisfaction of the training requirements of another State that are substantially similar to the provisions of this subsection shall be deemed to satisfy the training requirements of this subsection in this State.
4. An insurer shall verify that an insurance producer has completed the annuity training course required under 120-2-3-.12(1)(d) and this subsection before allowing the producer to sell an annuity product for that insurer. An insurer may satisfy its responsibility under this subsection by obtaining certificates of completion of the training course or obtaining reports provided by Commissioner-sponsored database systems or vendors or from a reasonably reliable commercial database vendor that has a reporting arrangement with approved insurance education providers.
(3) Following the initial reporting date for new licensees, each person shall report on the date specified in Rule 120-2-3-.16 of this Regulation the appropriate number of hours for the previous reporting period.
(4) Credit will not be given for the same Continuing Education course taken multiple times within the same Continuing Education reporting period.
(5) Credit for continuing education earned in one filing period in excess of the hours required may be carried forward to the next filing period, provided that credit carried forward shall not exceed fifty percent (50%) of biennial continuing education requirement.

Rule 120-2-3-.16 Dates for Resident License Renewal and Required Filing of Continuing Education Credits

(1) For resident licenses issued prior to July 1, 2012, license renewals must be filed by November 1st of each year on forms prescribed by the Commissioner. Failure to timely file the required license renewal forms along with the appropriate fee shall result in the expiration of the license as of December 31st of the year in question.
(2) For renewals filed July 1, 2012 through December 31st 2012, fees will be prorated for the transition to biennial licenses. The prorated renewal fee for the transition year will be calculated by dividing the two year fee by 24 months multiplied by the number of months the license will be held determined by birth month. The prorated fee will be rounded to the nearest .25 cents.
(3) Upon renewal the following schedule will be used for the transition from fixed date expiration of December 31, 2012 to birth month expiration:


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(a) Beginning July 1, 2012, upon renewal, each licensee's expiration date will be converted to a birth month expiration;
(b) After conversion to birth month expiration, license renewals and appropriate fees will be due on the last day of the licensee's birth month;
(c) Licensee may file a late renewal with appropriate late fee within 15 days of the last day of the licensee's birth month;
(d) Failure to file the required license renewal form along with the appropriate fee shall result in the expiration of the license as of the last day of the licensee's birth month of the year in question.
(4) For licenses issued prior to July 1, 2012, all continuing education requirements must be completed on or before December 31, 2012.
(a) Upon renewal in 2012, continuing education completion deadlines will be converted to a biennial date based on birth month.
(b) After this conversion, continuing education requirements must be completed biennially on or before the last day of the licensee's birth month.
(5) Failure to file the complete and correct renewal with required attachments and/or evidence of completion of required continuing education by the required filing date will result in a penalty being assessed when licensee applies for late renewal reinstatement.
(a) The penalty assessed will be $150; this penalty is in addition to any required renewal and late fees. The penalty and required fees are to be paid at the time of submission of late renewal reinstatement.
(b) If late renewal reinstatement is received 6 or more months after the expiration date, the licensee is required to submit electronic fingerprints in addition to the $150 penalty and required renewal and late fees.
(6) If an individual fails to file for late renewal reinstatement prior to one (1) year from the license expiration date, the licensee will be required to reapply for the license and satisfy all prelicensing requirements.
(7) A licensed insurance producer who is unable to comply with license renewal procedures due to military service may request a waiver of those procedures. The producer may also request a waiver of any examination requirement or any other fine or sanction imposed for failure to comply with renewal procedures.

Rule 120-2-3-.17 Conversion of Resident Surety Licenses

(1) Effective July 1, 2002, all licensees who currently hold a surety agent license will be issued a casualty agent license in lieu of their current license; all licensees who currently hold a limited subagent surety license will be issued a limited subagent casualty license in lieu of their current license.
(2) All continuing education requirements as outlined in Rule 120-2-3-.15 and all renewal requirements as outlined in Rule 120-2-3-.16 continue to apply after July 1, 2002.

Rule 120-2-3-.18 Resident Bond Requirements

(1) Bonds are required of resident licensees in the following amounts:
(a) Public adjuster, $5,000;
(b) Insurance counselor and Limited Health Counselor, $5,000;
(c) Surplus lines broker, as specified in O.C.G.A. § 33-23-37.
(2) Bonds shall be in favor of the Commissioner and shall be contingent upon:
(a) Proper accounting for any monies;
(b) Proper reporting to any principal;
(c) Payment to the Commissioner of any fees or administrative fines.
(3) Bonds shall be continuous in nature.
(4) Release of any bond shall be contingent upon:
(a) Expiration of five (5) years following the termination of the license requiring such bond; or
(b) Replacement of the bond by another bond which covers any unreported acts or claims occurring during the term of the bond so replaced.
(5) Failure to maintain the bond required above will result in the cancellation of the said license.
(6) The Commissioner may prescribe the form of any bond required.

Rule 120-2-3-.19 Exemptions or Reductions in Requirements for Continuing Education

(1) On approval of the Commissioner, persons holding professional designations in insurance may receive a reduction or exemption from continuing education requirements provided:
(a) The organization sponsoring or granting the professional designation requests such exemption in writing setting forth the continuing education requirements for such designation;
(b) The holder of such designation provides proof of exemption with the Commissioner on or before the date required for filing continuing education credits;
(c) Such exemption or reduction shall only be to the extent of contact hours of continuing education received; and
(d) Exemption or reduction claimed under this Section may be subject to verification by the Commissioner.
(2) Any organization requesting an exemption under Subparagraph (1)(a) of this section must notify the Commissioner in writing within thirty (30) days of any change in its continuing education requirements.
(3) Upon filing the required form on or before the date required for filing continuing education credits with the Commissioner, and at the discretion of the Commissioner, any person may receive a reduction or exemption in continuing education hours required to the extent of the time spent on insurance related activities during the previous year. Such activity shall include, but not be limited to, the following related or occupational duties:
(a) Teaching courses in insurance related topics; or
(b) Insurance related legislative activities; or
(c) Journalism activities involving insurance related topics; or
(d) Projects involving research of insurance laws and regulations; or
(e) Active participation in professional insurance associations. Active members are eligible for a maximum of 3 hours subject to verification from association.
(4) Individuals holding the professional designation of CPCU, CLU, Fellow Life Management Institute (FLMI), CIC, Certified Employee Benefit Specialist (CEBS), Chartered Financial Consultant (ChFC), Accredited Advisor in Insurance (AAI), Certified Financial Planner (CFP), CRM, CISR or a major BBA in Risk Management and Insurance from an accredited college will receive a reduction of continuing education hours required. Holders of these designations are required to complete six (6) hours of continuing education annually, with a minimum of three (3) hours of their continuing education requirement to be completed in the subject area of Ethics. To claim this reduction in continuing education hours, the licensee must attach documentation of achieving such designation. After conversion to a biennial license, holders of these designations are required to complete twelve (12) hours of continuing education with a minimum of three (3) hours to be completed in Ethics. Hours must be completed by the dates specified in Rule 120-2-3-.16.
(5) Individuals holding the professional designation of Universal Claims Certification (UCC) will be exempt from all continuing education required of adjusters.
(6) Individuals holding a non-resident license who are required to meet continuing education in their state of residence will be considered in compliance with the continuing education requirements under this chapter, provided the non-resident licensee's home state reciprocates with Georgia licensees in the same manner.
(7) Agents holding a nonactive license as provided in O.C.G.A. §§ 33-23-4(f) and 33-23-18(e)are exempt from Continuing Education requirements provided:
(a) The holder of such license files for renewal on or before the date required.
(b) Such exemption shall only be valid during the period the license is nonactive.

Rule 120-2-3-.20 Resident Surplus Lines Brokers

(1) In order to be eligible for a resident surplus lines broker license in accordance with Chapters 5 and 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation, the applicant must make proper application to the Commissioner and pay all required fees.
(2) The applicant must be a licensed resident agent for property and casualty insurance. Failure to maintain a current property and casualty agent's license will result in the cancellation of the surplus lines broker license.
(3) The applicant must include with his/her application a surplus lines broker bond in accordance with Rule 120-2-3-.18.
(4) The applicant must pass the required surplus lines examination and apply for licensure within 12 months from receiving the passing grade. Exceptions to the examination requirement will be made in the following circumstances:
(a) An applicant who was previously licensed as a surplus lines broker in another state shall be exempt from the surplus lines examination. This exemption is only available if the individual is currently licensed in that state or if the application is received within 90 days of the cancellation of the applicant's previous license and if the prior state issues a certification that, at the time of cancellation, the applicant was in good standing in that state or the state's producer data base records maintained by the NAIC, its affiliates, or subsidiaries indicate that the applicant is or was licensed in good standing for the line of authority requested.
(b) An applicant who holds a designation of CPCU shall be exempt from the surplus lines examination.
(5) All continuing education requirements as outlined in Rule 120-2-3-.15 and all renewal requirements as outlined in Rule 120-2-3-.16 apply.

Rule 120-2-3-.21 Agent Certificate of Authority

(1) Insurers shall file the appropriate fees and file requests for certificates of authority and terminations of certificates of authority immediately upon the appointment or termination of an agent. The request for a certificate of authority must be submitted within fifteen (15) days from the date the agency contract is executed or the first insurance application is submitted.
(a) When filing for a new certificate of authority, the insurer shall notify the agent when the insurer receives confirmation of the issuance of the certificate of authority.
(b) The certificate of authority is deemed effective immediately upon the submission of the request by the insurer; however this does not relieve the insurer of the responsibility of verifying that the certificate of authority has actually been issued.
(2) The insurer shall affirm that an investigation on the general character of the agent has been made and that the insurer recommends the agent for a certificate of authority. Such investigation shall include a report concerning the general character of the applicant by an agency not affiliated with the insurer. Such investigation shall include a criminal background check. The presence of any criminal charges or dispositions related thereto must be disclosed to the Department.
(3) The Commissioner will provide a certificate of authority renewal listing to all insurers annually. The certificate of authority renewal listing will include all eligible licensees appointed with said company by December 31st of the previous year. All insurers shall renew their certificates of authority annually and pay the required fees.

Rule 120-2-3-.22 Subagent Certificate of Authority

(1) Agents shall file new applications and submit the required fees for a subagent certificate of authority immediately upon appointment of a subagent.
(2) Every three (3) years, each subagent certificate of authority must be renewed with the Commissioner. The Commissioner will provide a subagent certificate of authority renewal notice to all sponsoring agents prior to the expiration date. The sponsoring agent shall renew the subagent certificate of authority and pay the required fee.
(3) The sponsoring agent immediately upon termination of any subagent's certificate of authority must file the appropriate required form.

Rule 120-2-3-.23 Resident Variable Products

(1) Effective July 1, 2002, all licensees who currently hold a variable annuity or variable life license will be issued a variable products license in lieu of their current variable annuity or variable life license. All continuing education requirements as outlined in Rule 120-2-3-.15 and all renewal requirements as outlined in Rule 120-2-3-.16 continue to apply after July 1, 2002.
(2) In order for all other resident applicants to be eligible for a variable products license in accordance with Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation, the applicant must make proper application to the Commissioner and pay all required fees.
(3) The application process for an agent license shall include sponsorship by an insurer licensed to do business in this state. Prior to issuance of the license, the sponsor shall agree to appoint the applicant as a representative of the company. The sponsor shall affirm that an investigation on the general character of the applicant has been conducted by an agency not affiliated with the insurer and that the sponsor recommends the applicant for a license. Such investigation shall include a criminal background check.
(a) Effective January 1, 2010, the application process for an agent license will no longer require sponsorship by an insurer. Upon issuance of the agent license, the licensee must obtain a certificate of authority from each insurer that they will represent.
(b) Effective January 1, 2010, all new applicants, excluding active licensees and individuals that apply for reinstatement within 6 months of expiration date, shall be required to submit electronic fingerprints through a vendor selected by the Department for a criminal background check. The applicant shall bear the cost for electronic fingerprinting.
(4) All resident applicants must hold a valid resident agent license for life insurance. Failure to maintain a current agent's license for life insurance will result in the cancellation of the variable products license.
(5) All resident applicants must provide proof of current National Association of Securities Dealers (NASD) Series 6, 7, Investment Representative (IR) or General Securities (GS) registration; such proof shall accompany the license application.
(6) All resident applicants must complete an approved 8 hour prelicensing course in variable products and provide proof of completion in conjunction with the required application. The applicant must pass the required examination for licensure within 12 months of the completion of the prelicensing course. All applicants must pass the required variable products examination and apply for licensure within 12 months from receiving a passing grade on the examination. The only applicants exempt from the prelicensing and examination requirements are those who qualify for exemption under O.C.G.A. §§ 33-23-5(a)(5)(A) and 33-23-5(a)(5)(B).
(7) All continuing education requirements as outlined in Rule 120-2-3-.15 and all renewal requirements as outlined in Rule 120-2-3-.16 apply to personal lines licensees.

Rule 120-2-3-.24 Procedures for Registering Staff Adjusters

(1) "Staff adjusters" are salaried employees who adjust claims in this state, regardless of where such employees are located. Each insurer which employs staff adjusters shall electronically file a list of such employees with the Commissioner by March 31 of each year (Annual Filing). Annual Filings submitted after the March 31 filing deadline will result in a $15 late fee per staff adjuster.

No staff adjuster registration shall be required for an employee of a property and casualty insurer licensed to do business in this state if such employee handles only claims with respect to residential property insurance in which the amount of the coverage for the applicable type of loss is contractually limited to $500.00 or less.

(2) Annual filings shall include any person who directly supervises persons required to be included in the Annual Filing under Paragraph (1).
(3) Insurers must electronically file changes to the Annual Filing within thirty (30) days of the date of the change(s). For billing purposes, an insertion or deletion of a staff adjuster from the Annual Filing is considered an amendment to the Annual Filing.
(4) The Annual Filing must be filed with the Department electronically through the Georgia Company Portal.
(5) All filings must include all adjusters employed as staff adjusters at the time of filing.
(6) The Filings must include the insurer's designated staff adjuster coordinator, who is the person that is responsible for the staff adjuster filings. The filing must include the person's name, address, e-mail address, phone number, as well as any additional information the Commissioner deems necessary.
(7) Filings of staff adjusters that are employed by more than one company in an NAIC group must contain consistent employee identification numbers.
(8) Electronic staff adjuster filings will be invoiced monthly according to fees set forth in O.C.G.A. § 33-8-1. Said invoice must be paid within thirty (30) days of receipt of the invoice to avoid any late fees. If payment is late, a $15 late fee will be assessed per staff adjuster will be assessed.

Rule 120-2-3-.25 Resident Adjusters, Public Adjusters, Workers Compensation Adjusters, Crop Hail Adjusters and Emergency Disaster Adjusters

(1) Adjuster:
(a) Effective July 1, 2002, all licensees who currently hold an adjusting company adjuster or an independent adjuster license will be issued an adjuster license in lieu of their current license. All continuing education requirements as outlined in Rule 120-2-3-.15 and all renewal requirements as outlined in Rule 120-2-3-.16 continue to apply after July 1, 2002.
(b) In order for all other resident applicants to be eligible for an adjuster license in accordance with Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation, the applicant must make proper application to the Commissioner and pay all required fees.
(c) Effective January 1, 2010, all new applicants, excluding active licensees and individuals that apply for reinstatement within 6 months of expiration date, shall be required to submit electronic fingerprints through a vendor selected by the Department for a criminal background check. The applicant shall bear the cost for electronic fingerprinting.
(d) The resident adjuster applicant must complete an approved Prelicensing course in property and casualty unless specifically exempted by Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation. All prelicensing courses must contain a minimum of twenty (20) hours of instruction per major line of authority. The applicant must pass the required examination for licensure within 12 months of the completion of the prelicensing course. All applicants must pass the required adjuster examination and apply for licensure within 12 months from receiving a passing grade on the examination. Applicants are exempt from the examination requirement if they qualify for the exemption outlined in Rule 120-2-3-.09(1)(k) or hold either the designation of Chartered Property and Casualty Underwriter (CPCU) or Universal Claims Certification (UCC).
(e) All continuing education requirements as outlined in Rule 120-2-3-.15 and all renewal requirements as outlined in Rule 120-2-3-.16 apply to adjuster licensees.
(f) Exceptions to prelicensing course:
1. Applicants who hold a designation of CPCU or UCC;
2. Applicants who qualify for exemption under O.C.G.A. §§ 33-23-5(a)(5)(A) and 33-23-5(a)(5)(B);
3. Applicants who provide satisfactory evidence such as a transcript from a college or university indicating successful completion of two (2) college or university courses related to insurance. Such courses must relate to the lines of authority for which the Applicant has applied;
4. Applicants who hold college degrees in insurance;
5. Other applicants at the Commissioner's discretion.
(2) Public adjuster:
(a) To be eligible for a resident public adjuster license in accordance with Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation, the applicant must make proper application to the Commissioner and pay all required fees.
(b) Effective January 1, 2010, all new applicants, excluding active licensees and individuals that apply for reinstatement within 6 months of expiration date, shall be required to submit electronic fingerprints through a vendor selected by the Department for a criminal background check. The applicant shall bear the cost for electronic fingerprinting.
(c) The resident public adjuster applicant must complete an approved prelicensing course in property and casualty unless specifically exempted by Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation. All prelicensing courses must contain a minimum of twenty (20) hours of instruction per major line of authority. The applicant must pass the required examination for licensure within 12 months of the completion of the prelicensing course. All applicants must pass the required public adjuster examination and apply for licensure within 12 months from receiving a passing grade on the examination. Applicants are exempt from the examination requirement if they qualify for the exemption outlined in Rule 120-2-3-.09(1)(k) or hold the designation of CPCU.
(d) All continuing education requirements as outlined in Rule 120-2-3-.15 and all renewal requirements as outlined in Rule 120-2-3-.16 apply to public adjusters.
(e) The applicant must include with his/her application a public adjuster bond in accordance with Rule 120-2-3-.18.
(f) Exceptions to prelicensing course:
1. Applicants who hold a designation of CPCU;
2. Applicants who qualify for exemption under O.C.G.A. §§ 33-23-5(a)(5)(A) and 33-23-5(a)(5)(B);
3. Applicants who provide satisfactory evidence such as a transcript from a college or university indicating successful completion of two (2) college or university courses related to insurance. Such courses must relate to the lines of authority for which the Applicant has applied;
4. Applicants who hold college degrees in insurance;
5. Other applicants at the Commissioner's discretion.
(3) Workers' Compensation adjuster:
(a) To be eligible for a resident workers' compensation adjuster license in accordance with Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation, the applicant must make proper application to the Commissioner and pay all required fees.
(b) Applicants must hold and submit proof of the designation of CWCP, CPCU, or UCC, or qualify under Rule 120-2-3-.09(1)(k).
(c) Effective January 1, 2010, all new applicants, excluding active licensees and individuals that apply for reinstatement within 6 months of expiration date, shall be required to submit electronic fingerprints through a vendor selected by the Department for a criminal background check. The applicant shall bear the cost for electronic fingerprinting.
(d) All continuing education requirements as outlined in Rule 120-2-3-.15(2)(c) and all renewal requirements as outlined in Rule 120-2-3-.16 apply to workers' compensation adjusters.
(4) Crop Hail adjuster:
(a) To be eligible for a resident crop hail adjuster license in accordance with Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation, the applicant must make proper application to the Commissioner and pay all required fees.
(b) All applicants must complete an approved proficiency testing program. Applicants are exempt from the proficiency testing program requirements if they qualify for the exemption outlined in Rule 120-2-3-.09(1)(k) or hold either the designation of CPCU or UCC.
(c) Effective January 1, 2010, all new applicants, excluding active licensees and individuals that apply for reinstatement within 6 months of expiration date, shall be required to submit electronic fingerprints through a vendor selected by the Department for a criminal background check. The applicant shall bear the cost for electronic fingerprinting.
(d) All continuing education requirements as outlined in Rule 120-2-3-.15 and all renewal requirements as outlined in Rule 120-2-3-.16 apply to crop hail adjusters.
(5) Emergency Disaster adjuster:
(a) In the event of a Georgia Emergency Management Authority (GEMA) declared disaster or catastrophe, the insurer will be required to electronically file with the Department a list of non-licensed salaried staff adjusters and out of state licensees that will be handling claims relating to the catastrophe/disaster. Upon proper filing, Disaster Re-entry Permits will be assigned to each insurer. These re-entry permits are to be temporarily assigned to each adjuster for a period not to exceed 60 days.
(b) The Insurer's electronic emergency adjuster filing must include information regarding its adjuster Coordinator. The filing must include the adjuster coordinator's name, address, e-mail address, phone and fax number, as well as any additional information the Commissioner deems necessary. The adjuster coordinator will be responsible for the emergency disaster adjuster filings and assignment of the re-entry permits.
(c) In the event of a non-GEMA declared disaster, nonresident adjusters licensed in another state may enter Georgia for a period not to exceed 60 days. The adjuster must notify the Department prior to entry into this state. Such notification must include the adjuster's name, address, date of anticipated entry into this state and any other information that the Commissioner deems necessary to complete the filing. If the adjuster will be in this state for a period exceeding 60 days, the individual must apply for adjuster licensure.

Rule 120-2-3-.26 Fees

(1) Unless otherwise specified, all fees shall be in accordance with O.C.G.A. § 33-8-1.
(2) Fees in connection with applications, filings or notifications required under Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation shall accompany such application, filing or notification. However, the Commissioner may establish a billing procedure where practicable.
(3) The Commissioner may allow or require payment of fees by electronic means.

Rule 120-2-3-.27 Complaints

(1) All licensees under Chapter 23 of Title 33 of the Official Code of Georgia Annotated shall maintain a record of any complaint made against them by any person. For purposes of this requirement, a complaint is defined as a written complaint that alleges any violation of state or federal law, or of any regulation, directive or bulletin of the Department.
(2) Such record shall identify the complaint and the file, if any, the nature of the complaint and the steps taken to resolve the complaint, all in such detail as may be necessary to reconstruct the matter.

Rule 120-2-3-.28 Resident Counselors

(1) In order to be eligible for a resident counselor license in accordance with Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation, the applicant must make proper application to the Commissioner and pay all required fees.
(2) Effective January 1, 2010, all new applicants, excluding active licensees and individuals that apply for reinstatement within 6 months of expiration date, shall be required to submit electronic fingerprints through a vendor selected by the Department for a criminal background check. The applicant shall bear the cost for electronic fingerprinting.
(3) The applicant must have 5 years of experience as a licensed agent, subagent or adjuster or in some other phase of the insurance business or provide evidence of sufficient teaching, educational qualifications and or experience in the lines of authority for which applicant seeks licensure as a counselor.
(4) The applicant must include with his/her application a counselor bond in accordance with Rule 120-2-3-.18.
(5) The Applicant must pass the required counselor examination and apply for licensure within 12 months from receiving the passing grade. Exceptions to the experience requirement and examination requirement will be made in the following circumstances:
(a) An applicant who was previously licensed as a counselor in another state shall be exempt from the examination. This exemption is only available if the individual is currently licensed in that state or if the application is received within 90 days of the cancellation of the applicant's previous license and if the prior state issues a certification that, at the time of cancellation, the applicant was in good standing in that state or the state's producer data base records maintained by the NAIC, its affiliates, or subsidiaries indicate that the applicant is or was licensed in good standing for the line of authority requested.
(b) An applicant who holds the designation of CPCU or AAI shall be exempt from the property and casualty counselor examination.
(c) An applicant who holds the designation of CLU or FLMI shall be exempt from the life, accident and sickness counselor examination.
(d) An applicant who holds the designation of CIC shall be exempt from the life, accident and sickness counselor examination and/or the property and casualty counselor examination.
(e) The Commissioner may, at his or her discretion, exempt an applicant from examination if the applicant has sufficient experience and qualifications in the lines of authority for which the applicant seeks licensure.
(6) All continuing education requirements as outlined in Rule 120-2-3-.15 and all renewal requirements as outlined in Rule 120-2-3-.16 apply.

Rule 120-2-3-.29 Resident Credit Insurance Agents and Limited Subagents

(1) Agent:
(a) In order to be eligible for a resident credit insurance agent license issued in accordance with Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation, the applicant must make proper application to the Commissioner and pay all required fees. Upon application to the Commissioner, a license for an agent limited to credit insurance shall be issued to any resident individual provided:
1. The individual otherwise meets the requirements for an agent license under Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation; and
2. The application process shall include sponsorship by an insurer licensed to do business in this state. Prior to issuance of the license, the sponsor shall agree to appoint the applicant as a representative of the company. The sponsor shall affirm that an investigation of the general character of the applicant has been conducted by an agency not affiliated with the insurer and that the sponsor recommends the applicant for a license. Such investigation shall include a criminal background check; and
3. The insurer and applicant certify that the applicant has read the following laws and regulations:
(i) Chapters 6, 7, 24, 27, 30, and 31 of Title 33 of the Official Code of Georgia Annotated; and O.C.G.A. §§ 33-1-9, 33-1-16, 33-2-12, and 33-2-15.
(ii) Insurance Department Regulation 120-2-27.
(b) No prelicensing education shall be required other than the certification of compliance with Rules 120-2-3-.29(1)(a)3.(i) and (ii).
(c) No examination shall be required for the issuance of such license.
(d) Effective January 1, 2010, the application process for an agent license will no longer require sponsorship by an insurer. Upon issuance of the agent license, the licensee must obtain a certificate of authority from each insurer that they will represent.
(e) Effective January 1, 2010, all new applicants, excluding active licensees and individuals that apply for reinstatement within 6 months of expiration date, shall be required to submit electronic fingerprints through a vendor selected by the Department for a criminal background check. The applicant shall bear the cost for electronic fingerprinting.
(2) Limited Subagent:
(a) In order to be eligible for a resident limited subagent credit license issued in accordance with Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation, the applicant must make proper application to the Commissioner and pay all required fees. The application shall include sponsorship by a licensed resident agent who agrees to assume responsibility for the limited subagent's acts; and,
1. The application process shall include sponsorship by a resident agent licensed to do business in this state. Prior to issuance of the license, the sponsoring agent shall agree to appoint the applicant as a representative of the agent. The sponsoring agent shall affirm that an investigation of the general character of the applicant has been conducted by an agency not affiliated with the agent and that the sponsoring agent recommends the applicant for a license. Such investigation shall include a criminal background check; and
2. Both the applicant and the sponsoring agent certify that the applicant has read the following laws and regulations:
(i) Chapters 6, 7, 24, 27, 30, and 31 of Title 33 of the Official Code of Georgia Annotated; and O.C.G.A. §§ 33-1-9, 33-1-16, 33-2-12, and 33-2-15.
(ii) Insurance Department Regulation 120-2-27.
(b) No prelicensing education shall be required other than the certification of compliance with Rules 120-2-3-.29(2)(a)3.(i) and (ii).
(c) No examination shall be required for issuance of such license.
(d) The sponsoring agent shall hold the credit insurance limited subagent's license and return such license to the Commissioner upon termination of the subagent's authority.
(e) The termination, cancellation, or nonrenewal of the sponsoring agent's license will result in the cancellation of the limited subagent's license.
(f) Effective January 1, 2010, all new applicants, excluding active licensees and individuals that apply for reinstatement within 6 months of expiration date, shall be required to submit electronic fingerprints through a vendor selected by the Department for a criminal background check. The applicant shall bear the cost for electronic fingerprinting.
(3) License Renewal and Continuing Education Filing Requirements. Each year by the dates specified in Rule 120-2-3-.16, license renewals must be filed on forms prescribed by the Commissioner, accompanied by the appropriate fee; additionally, credit insurance agents and limited subagents must file as follows:
(a) Agent. The insurer shall certify to the Commissioner that the credit insurance agent has spent a minimum of five (5) hours of self-study during the preceding year in credit insurance subjects specified in Rules 120-2-3-.29(1)(a)3.(i) and (ii). In lieu of such certification, the agent may submit evidence of completion of a minimum of five (5) hours of classroom study or equivalent correspondence or other individual study programs as provided in this Regulation, provided such study includes credit insurance subjects specified in Rules 120-2-3-.29(1)(a)3.(i) and (ii). After conversion to a biennial license and upon subsequent renewal, each credit licensee is required to provide proof of ten (10) hours of self-study or continuing education.
(b) Limited Subagent. The sponsoring agent shall certify to the Commissioner that the credit insurance limited subagent has received at least five (5) hours of self-study during the preceding year in credit insurance subjects specified in Rules 120-2-3-.29(2)(a)3.(i) and (ii). In lieu of such certification, the limited subagent may submit evidence of completion of a minimum of five (5) hours of classroom study or equivalent correspondence or other individual study programs as provided in this Regulation, provided such study includes credit insurance subjects specified in Rules 120-2-3-.29(2)(a)3.(i) and (ii). The limited subagent certificate of authority must be renewed in conjunction with the limited subagent license renewal. After conversion to biennial license and upon subsequent renewal, each credit licensee is required to provide proof of ten (10) hours of self-study or continuing education.

Rule 120-2-3-.30 Nonactive License

(1) A nonactive license may be issued to any agent who:
(a) Is currently licensed as an agent;
(b) Has held a license continuously for ten (10) years or more and does not perform any of the functions specified in O.C.G.A. § 33-23-1(a)(3) other than the receipt of renewal or deferred commissions.
(c) Files a written request with the Commissioner, accompanied by all required license amendment fees, which states the agent's name, license number, and contains a statement from the agent acknowledging that the agent meets eligibility requirements as set forth in O.C.G.A. §§ 33-23-4(f), 33-23-18(e), and subparagraph (1)(b) of this section.
(2) The agent must return the current license at the time of the request and a new license, indicating the nonactive designation, will be issued.
(3) The nonactive licensee must file for renewal and pay all renewal fees annually.
(4) Failure to file for renewal annually may result in the revocation of the nonactive license or other administrative action. The Commissioner will notify the licensee in writing that the required filing has not been received or is deficient in some manner. If a correct filing, along with the appropriate late fee and/or administrative fine is not received within thirty (30) days of such notice, the license will be noncontinued. If an individual fails to file for late renewal reinstatement prior to one (1) year from the expiration date and seeks to be relicensed at a later date, the licensee will be required to reapply for the license, including satisfying all prelicensing requirements. At the discretion of the Commissioner, exceptions may be made in the event of extreme hardship.
(5) If a nonactive agent will perform any of the functions specified in O.C.G.A. § 33-23-1(a)(3) other than the receipt of renewal or deferred commissions, said agent must obtain prior approval from the Commissioner by making proper application as required in Rule 120-2-3-.07.
(a) No examination shall be required for the issuance of such license.
(b) No prelicensing education shall be required for the issuance of such license.
(6) Upon reissuance of the license, the agent will be subject to all certificate of authority and continuing education requirements for the year in which the license became active.

Rule 120-2-3-.31 Limited Subagent License

(1) Limited subagent means an individual licensed pursuant to O.C.G.A. 33-23-12(a)under the sponsorship of a licensed agent. With the scope of authority set forth in Chapter 23 of Title 33 of the Official Code of Georgia Annotated, a limited subagent license may be issued, limiting the insurance activity to the following:
(a) Personal lines-property and casualty;
(b) Personal insurance-life, accident and sickness.
(2) In order to be eligible for a limited subagent license issued in accordance with Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation, the applicant must make proper application to the Commissioner and pay all required fees.
(a) The application process shall include sponsorship by a resident agent licensed to do business in this state. Prior to issuance of the license, the sponsoring agent shall agree to appoint the applicant as a representative of the agent. The sponsoring agent shall affirm that an investigation on the general character of the applicant has been conducted by an agency not affiliated with the agent and that the sponsoring agent recommends the applicant for a license. Such investigation shall include a criminal background check.
(b) Effective January 1, 2010, all new applicants, excluding active licensees and individuals that apply for reinstatement within 6 months of expiration date, shall be required to submit electronic fingerprints through a vendor selected by the Department for a criminal background check. The applicant shall bear the cost for electronic fingerprinting.
(c) The applicant may not become licensed in a category of insurance not included in the license of the sponsoring agent.
(d) The applicant shall provide evidence of completion of an approved limited subagent prelicensing course in the lines for which he/she seeks licensure. Such evidence shall accompany the application. Such completion will only be accepted if the prelicensing course has been taken within twelve (12) months of filing the application for licensure.
(3) No examination shall be required.
(4) The sponsoring agent shall retain the limited subagent's license. In the event the relationship with the limited subagent is terminated, the sponsoring agent shall return the license to the Commissioner with a request for termination of the limited subagent license.
(5) Each year by the dates specified in Rule 120-2-3-.16, license renewals, and evidence of at least five (5) hours of continuing education must be filed each year on forms specified by the Commissioner and accompanied by the required fees. After conversion to a biennial license and upon subsequent renewal, each limited subagent licensee is required to provide proof of ten (10) hours of continuing education.
(6) The limited subagent certificate of authority must be renewed in conjunction with the limited subagent license renewal.
(7) The termination, cancellation, or nonrenewal of the sponsoring agent's license will result in the cancellation of the limited subagent license.

Rule 120-2-3-.32 Limited Travel Agent License, also Known as Travel Accident and Sickness License, and Travel Ticket

(1) In order for persons engaged in the business of selling tickets for travel on public carriers to be eligible for a limited travel agent license in accordance with Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation, the applicant must make proper application to the Commissioner and pay all required fees.
(2) The application process for a limited travel agent license shall include sponsorship by an insurer licensed to do business in this state. Prior to issuance of the license, the sponsor shall agree to appoint the applicant as a representative of the company. The sponsor shall affirm that an investigation on the general character of the applicant has been conducted by an agency not affiliated with the insurer and that the sponsor recommends the applicant for a license. Such investigation shall include a criminal background check.
(a) Effective January 1, 2010, the application process for an agent license will no longer require sponsorship by an insurer. Upon issuance of the agent license, the licensee must obtain a certificate of authority from each insurer that they will represent.
(b) Effective January 1, 2010, all new applicants, excluding active licensees and individuals that apply for reinstatement within 6 months of expiration date, shall be required to submit electronic fingerprints through a vendor selected by the Department for a criminal background check. The applicant shall bear the cost for electronic fingerprinting.
(3) Each year by the dates specified in Rule 120-2-3-.16, license renewals, accompanied by the required fees, must be filed on forms prescribed by the Commissioner.
(4) No prelicensing education is required.
(5) No examination shall be required for this license.
(6) No continuing education shall be required for this license.

Rule 120-2-3-.33 Conversion of Nonresident Limited Property, Limited Casualty, Limited Surety, Limited Automobile, Surety, Variable Annuity, Variable Life, Adjusting Company Adjuster, and Independent Adjuster Licenses

(1) Effective July 1, 2002, all nonresident agent licensees who currently hold a limited property, limited casualty, limited surety, or a limited automobile license will be issued a nonresident personal lines license in lieu of their current limited license.
(2) Effective July 1, 2002, all nonresident agent licensees who currently hold a surety license will be issued a nonresident casualty license in lieu of their current surety license.
(3) Effective July 1, 2002, all nonresident agent licensees who currently hold a variable annuity or variable life license will be issued a nonresident variable products license in lieu of their current license.
(4) Effective July 1, 2002, all nonresident licensees who currently hold an adjusting company adjuster or independent adjuster license will be issued a nonresident adjuster license in lieu of their current license.
(5) All renewal requirements as outlined in Rule 120-2-3-.35 apply to all converted licenses.

Rule 120-2-3-.34 Nonresident License Requirements

(1) A nonresident person shall receive a nonresident agent license if all requirements set forth in O.C.G.A. § 33-23-16 have been met. All applicants for a Variable Products license must also have a valid agent license for life insurance and provide proof of current NASD Series 6, 7, IR or GS registration; such proof shall accompany the license application. Failure to maintain a current agent's license for life insurance will result in the cancellation of the variable products license.
(2) A nonresident person shall receive a nonresident adjuster license if all requirements set forth in O.C.G.A. § 33-23-29 have been met.
(3) A nonresident person shall receive a nonresident counselor license if all requirements set forth in O.C.G.A. § 33-23-29.1 have been met.
(4) A nonresident person shall receive a nonresident surplus lines broker license if all requirements set forth in O.C.G.A. § 33-23-16 have been met. The applicant must also hold a nonresident agent license for property and casualty insurance. Failure to maintain a current nonresident property and casualty agent's license will result in the cancellation of the surplus lines broker license.
(5) A nonresident applicant shall receive a nonresident agency license if all requirements set forth in O.C.G.A. §§ 33-23-3, 33-23-16 and Rule 120-2-3-.05 have been met.
(6) All nonresident agent, adjuster, counselor, and surplus lines broker licenses issued before July 1, 2012, expire or expired December 31 of the year issued. Effective July 1, 2012, all new licenses will be issued on a biennial basis with a birth month expiration.
(7) Prior to the issuance of a nonresident license, verification that the nonresident applicant is currently licensed as a resident in good standing in such person's home state shall be provided to the Commissioner. Applicant's home state license will be verified on the NAIC producer database. If an applicant's license information can not be verified through this site, an original certification letter from the applicant's home state dated within 90 days of submission to the Commissioner will satisfy this requirement.
(8) Applicants for agent, adjuster, counselor and surplus lines broker licenses whose resident state does not require a license to transact business may be licensed in this state provided that
(a) Proper application is made on the required forms, accompanied by the required fees;
(b) The applicant takes the examination issued by the Commissioner where required pursuant to Chapter 23 of Title 33 of the Official Code of Georgia Annotated; and
(c) The applicant submits written documentation from their resident state demonstrating the lack of a licensing requirement and the state's reciprocity with residents from this state.
(9) On or after January 1, 2009, a nonresident Agent may not sell, solicit or negotiate a long term care partnership policy in Georgia or to a Georgia resident unless the individual has completed an initial eight (8) hour long term care training course. Such training must meet the requirements as outlined in Section 120-2-3-.12. If the nonresident agent has completed a non Georgia approved long term care partnership course for a minimum of six (6) hours, regardless of whether the long term care partnership course has a state specific Medicaid requirement, said agent must complete a minimum of a two (2) hour course covering Georgia specific Medicaid provisions to meet the full requirement for Georgia long term care partnership agent training requirements under Rule 120-2-16-.34(5). After satisfying the initial eight (8) hour long term care partnership training requirements, agent must also complete ongoing training consisting of a four (4) hour long term care continuing education course every 24 months.

Rule 120-2-3-.35 Nonresident License Renewals

(1) Agents, adjusters, counselors, and surplus lines brokers are required to renew the license prior to expiration on forms prescribed by the Commissioner and pay the required fees.
(2) Any licensee who fails to timely renew will be required to reapply for licensure and meet all initial application and fee requirements.
(3) Prior to the renewal of a nonresident license, verification that the nonresident applicant is currently licensed as a resident in good standing in such person's home state shall be provided to the Commissioner.
(4) Upon renewal the following schedule will be used for the transition from fixed date expiration of December 31, 2102 to birth month expiration:

BIRTH MONTH

TRANSITION EXPIRATON DATE

LENGTH OF TRANSITION LICENSE

January

01/31/2015

25 Months

February

02/28/2015

26 Months

March

03/31/2015

27 Months

April

04/30/2015

28 Months

May

05/31/2015

29 Months

June

06/30/2014

18 Months

July

07/31/2014

19 Months

August

08/31/2014

20 Months

September

09/30/2014

21 Months

October

10/31/2014

22 Months

November

11/30/2014

23 Months

December

12/31/2014

24 Months

(a) Beginning July 1, 2012, upon renewal, each licensee's expiration date will be converted to a birth month expiration;
(b) After conversion to birth month expiration, license renewals and appropriate fees will be due on the last day of the licensee's birth month;
(c) Licensee may file a late renewal with appropriate late fee within 15 days of the last day of the licensee's birth month;
(d) Failure to file the required license renewal form along with the appropriate fee shall result in the expiration of the license as of last day of the licensee's birth month of the year in question.

Rule 120-2-3-.36 Other Information Required

The Commissioner may require any other information in conjunction with any filing required under Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation as he may, at his discretion, determine to be necessary for compliance with Title 33 of the Official Code of Georgia Annotated and the Rules and Regulation of the Georgia Insurance Department.

Rule 120-2-3-.37 Changes in Filed Information

Unless otherwise specified in this Regulation, all licensees and others required to make filings with or application to the Commissioner shall notify the Commissioner of any change in the information included in such filings or applications within thirty (30) days of such change.

Rule 120-2-3-.38 Service Representatives Permits

(1) Each insurer having employees who are not licensed agents whose duties include service to agents outside the employees' office or prospecting for new agents, wherever such employees are located, shall file a list of such employees with the Commissioner on or before March 1 of each year.
(2) Changes in such listing shall be filed no later than June 1, September 1, and December 1 of each year.

Rule 120-2-3-.39 Retail Vendors of Portable Electronics Limited License

(1) Upon application to the Commissioner on the required form, a limited license for retail vendors of portable electronics shall be issued provided that:
(a) The retail vendor of portable electronics meets the requirements for licensure under Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation;
(b) Each applicant for licensure must remit the fee required by O.C.G.A. § 33-8-1.
(2) An applicant is not required to be sponsored by an insurer for licensure nor are they required to obtain a certificate of authority.
(3) No examination is required.
(4) No continuing education is required.
(5) A license is required only for the principal location or home office.
(6) An applicant is required to certify that all employees have received basic training as to the types of insurance products specified in O.C.G.A. § 33-23-12(d)(5).
(7) An instructor and the prelicensing training program must be approved by the Department prior to making application for licensure.
(8) To request approval, an applicant must submit a course outline and the instructor's resume to the Department.
(9) In lieu of creating a specific course, taught by an approved instructor, for his or her employees, an applicant may require their employees to complete the property and casualty prelicensing course from an approved provider.
(10) All licenses issued prior to July 1, 2102 expire on December 31 of the year issued. All licenses issued July 1, 2012, and thereafter are issued on a biennial basis. Licensees are required to renew the license prior to expiration on forms prescribed by the Commissioner and remit a fee required by O.C.G.A. § 33-8-1 for the renewal of said license.

Rule 120-2-3-.40 Resident Temporary License

(1) In order to be eligible for any resident temporary insurance license issued in accordance with Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation, the applicant must make proper application to the Commissioner and pay all required fees.
(2) The application process shall include the following:
(a) The application process shall include sponsorship by an insurer licensed to do business in this state unless applicant is for a temporary hardship license. Prior to issuance of the license, the sponsor shall agree to appoint the applicant as a representative of the company. The sponsor shall affirm that an investigation of the general character of the applicant has been conducted by an agency not affiliated with the insurer and that the sponsor recommends the applicant for a license. Such investigation shall include a criminal background check;
(b) Effective January 1, 2010, all new applicants, excluding active licensees and individuals that apply for reinstatement within 6 months of expiration date, shall be required to submit electronic fingerprints through a vendor selected by the Department for a criminal background check. The applicant shall bear the cost for electronic fingerprinting;
(c) The name and license number of the supervising resident agent for the temporary licensee.
(3) The temporary license is valid for a period of six (6) months from original issue date and renewable thereafter for three (3) month periods. In no instance, however, shall the licensee hold a temporary license beyond fifteen (15) months from the original issue date. This continuous fifteen (15) month eligibility period is not altered by lapses or changes in sponsoring insurers. The applicant is eligible for only one fifteen (15) month temporary license in the same lines of authority.
(4) If an individual chooses to change sponsoring insurers, the application process must be completed by the applicant and the new sponsoring insurer.
(5) Renewal of a temporary license may be requested by filing the required application and the required fees with the Commissioner.
(6) Upon receipt of proof of a temporary licensee's completion of the required prelicensing course and passing prelicensing examination as set forth in Rules 120-2-3-.08 and 120-2-3-.09, an agent license (non-temporary) shall be issued.

Rule 120-2-3-.41 Registration of Foreign Military Representative

A domestic insurer may register a representative to represent such insurer by filing the required form with the Commissioner and paying the required fees.

Rule 120-2-3-.42 Certificate of Licensure

(1) Upon request, the Commissioner shall issue a Certificate of Licensure to any licensee currently licensed in accordance with the Georgia Insurance Code and this Regulation.
(2) A Certificate of Licensure may be requested by filing the required form accompanied by the required fee with the Commissioner.
(3) The Certificate of Licensure shall state licensee's name, license number, kind(s) of insurance covered, and other conditions of licensing.
(4) Once issued, the form and content of the Certificate of Licensure shall not be altered in any way.

Rule 120-2-3-.43 Letters of Status or Clearance

(1) Upon request, the Commissioner shall issue Letters of Status or Clearance, indicating the license history or status of anyone that has held or currently holds an insurance license in this state.
(2) A Status or Clearance letter may be requested by filing the required form and required fee with the Commissioner.
(3) The Status or Clearance letter shall state licensee's name, license number, type of license held, kind(s) of insurance covered, and other conditions of licensing.
(4) The form and content of the Status or Clearance letter once issued shall not be altered in any way.
(5) For individuals requesting a Status or Clearance letter whose licensing history is no longer available, a Cannot Confirm or Deny letter will be issued.

Rule 120-2-3-.44 Resident Title Agent License

(1) Upon application to the Commissioner on the required form, accompanied by the required fee, a license to sell title insurance shall be issued to any resident provided that
(a) The individual meets the requirements for an agent license under Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation;
(b) The application process shall include sponsorship by an insurer authorized to do business in this state. Prior to issuance of the license, the sponsor shall agree to appoint the applicant as a representative of the company. The sponsor shall affirm that an investigation on the general character of the applicant has been conducted by an agency not affiliated with the insurer and that the sponsor recommends the applicant for a license. Such investigation shall include a criminal background check.
(c) Effective January 1, 2010, the application process for an agent license will no longer require sponsorship by an insurer. Upon issuance of the agent license, the licensee must obtain a certificate of authority from each insurer that they will represent.
(d) Effective January 1, 2010, all new applicants, excluding active licensees and individuals that apply for reinstatement within 6 months of expiration date, shall be required to submit electronic fingerprints through a vendor selected by the Department for a criminal background check. The applicant shall bear the cost for electronic fingerprinting.
(2) No prelicensing education or examination shall be required.
(3) Each year by the dates specified in Rule 120-2-3-.16 of this Regulation, license renewals, accompanied by the required fees, must be filed on forms prescribed by the Commissioner.
(4) No continuing education shall be required for this license.

Rule 120-2-3-.45 Rental Company License

(1) Upon application to the Commissioner on the required form, a limited license for rental companies shall be issued provided that:
(a) The rental company meets the requirements for licensure under Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation;
(b) Each applicant for licensure must remit the fee required by O.C.G.A. § 33-8-1.
(2) The applicant is not required to be sponsored by an insurer for licensure nor are they required to obtain a certificate of authority.
(3) No examination is required.
(4) The license is required for the principal location or home office only.
(5) The applicant is required to certify that all employees have received basic training as to the types of insurance products specified in O.C.G.A. § 33-23-12(c)(5).
(a) The instructor and prelicensing training program must be approved by the Department prior to making application for licensure;
(b) To request approval, the applicant must submit a course outline and instructor resume to the Department;
(c) In lieu of creating a specific course for their employees, applicants may require their employees to complete the property and casualty prelicensing course from an approved entity.
(6) All licenses issued prior to July 1, 2012 expire December 31 of the year issued. Effective July 1, 2012, all new licenses will be issued on a biennial basis. Licensees are required to renew the license prior to expiration on forms prescribed by the Commissioner and remit a fee required by O.C.G.A. § 33-8-1 for renewal of said license.
(a) As part of the renewal application, the licensee will certify that each employee has received two (2) hours of continuing education training relative to the types of insurance offered by said company;
(b) The instructor and continuing education courses must be approved by the Department prior to making application for renewal;
(c) To request approval, the applicant must submit a course outline and instructor resume to the Department;
(d) In lieu of creating a specific course for their employees, applicants may require their employees to complete the two hours from approved property and casualty continuing education course provider.

Rule 120-2-3-.46 Limited Health Counselor

(1) In order to be eligible for a resident limited health counselor license in accordance with Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation, the applicant must make proper application to the Commissioner and pay all required fees.
(2) All new applicants, excluding active licensees and individuals that apply for reinstatement within 6 months of expiration date, shall be required to submit electronic fingerprints through a vendor selected by the Department for a criminal background check. The applicant shall bear the cost for electronic fingerprinting.
(3) The applicant must include with his/her application a limited health counselor bond in accordance with Rule 120-2-3-.18.
(4) The Applicant must pass the required limited health counselor examination and apply for licensure within 12 months from receiving the passing grade. Exceptions to the examination requirement will be made in the following circumstances:
(a) An applicant that has 5 years of experience licensed as an agent in the line of accident and sickness shall be exempt from the examination.
(b) An applicant who was previously licensed as a counselor in another state shall be exempt from the examination. This exemption is only available if the individual is currently licensed in that state or if the application is received within 90 days of the cancellation of the applicant's previous license and if the prior state issues a certification that, at the time of cancellation, the applicant was in good standing in that state or the state's producer data base records maintained by the NAIC, its affiliates, or subsidiaries indicate that the applicant is or was licensed in good standing for the line of authority requested.
(c) An applicant who holds the designation of CIC, CLU, FLMI, REBC or RHU shall be exempt from the limited health counselor examination.
(5) All continuing education requirements as outlined in Rule 120-2-3-.15 and all renewal requirements as outlined in Rule 120-2-3-.16 apply.

Rule 120-2-3-.47 Self Storage Provider

(1) Upon application to the Commissioner on the required form, a limited license for a self-storage provider shall be issued provided that:
(a) The self-storage provider meets the requirements for licensure under Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation;
(b) An applicant for licensure must remit the fee required by O.C.G.A. § 33-8-1.
(2) An applicant is not required to be sponsored by an insurer for licensure nor are they required to obtain a certificate of authority.
(3) No examination is required.
(4) A license is required only for the principal location or home office.
(5) An applicant is required to certify that all employees have received basic training as to the types of insurance products specified in O.C.G.A. § 33-23-12(e).
(6) In order to become an approved instructor, an instructor's resume must be submitted to the Department with the application for licensure.
(7) In lieu of creating a specific course, taught by an approved instructor, for his or her employees, an applicant may require his or her employees to complete the property and casualty prelicensing course from an approved entity.
(8) Licenses will be issued on a biennial basis and will expire December 31 of the end of the biennial term. Licensees are required to renew the license prior to expiration on forms prescribed by the Commissioner and remit a fee required by O.C.G.A. § 33-8-1 for the renewal of said license.
(9) Each certificate of insurance or policy must prominently display the possibility of duplicative coverage as outlined in 33-23-12(e)(4)(B). This display must be in all capital letters and 14 point font.

Rule 120-2-3-.48 Navigator

(1) No person shall act as a Navigator, as defined in O.C.G.A. 33-23-201(3), without first obtaining a license to act as such from the Commissioner.
(2) The Commissioner may not issue a Navigator license to any applicant until such applicant has:
(a) Submitted an application on forms provided by the Commissioner. Such form shall include an acknowledgement from the applicant that such applicant understands that a Navigator license is not alone sufficient to sell, solicit, or negotiate insurance in the State of Georgia;
(b) Submitted an application fee of 50 dollars pursuant to O.C.G.A. § 33-8-1(6)(Z);
(c) Submitted a résumé listing the applicant's educational background and experience related to the functions of a Navigator;
(d) Successfully completed not less than 35 hours of instruction;
(e) Passed an exam as required by the Commissioner;
(f) Attained the age of 18;
(g) Submitted electronic fingerprints through a vendor selected by the Department to run criminal background checks. The applicant shall bear the cost for electronic fingerprinting; and
(h) Submitted proof satisfactory to the Commissioner that such applicant (or such applicant's sponsoring entity) has been approved by the federal authorities, by being awarded a grant or otherwise, to act as Navigator, as defined in O.C.G.A. § 33-23-201(3).
(3) Each Navigator license shall expire August 31.
(4) In determining whether any applicant has satisfied the pre-licensing education requirement set forth in subparagraph (d) of paragraph (2) of this regulation, the Commissioner may consider any training provided by federal authorities to act as a Navigator, as defined in O.C.G.A. § 33-23-201(3). Up to 25 hours of pre-licensing training may consist of education provided by federal authorities provided that the applicant submits documentation, satisfactory to the Commissioner that the applicant has, in fact, spent the amount of time requested engaged in federal pre-licensing training. If the applicant completes 25 hours of federal navigator training, the remaining 10 hours must be satisfied by completing the 10 hour Navigator prelicensing course through an approved provider.
(5) The Commissioner may not renew a Navigator license until such applicant has:
(a) Submitted a license renewal on forms prescribed by the Commissioner;
(b) Submitted a fee of 50 dollars pursuant to O.C.G.A. § 33-8-1(6)(Z);
(c) License renewals are due on or before the August 31 expiration date;
(d) Licensee may file a late renewal with appropriate late fee within 15 days of the expiration date of the license;
(e) Failure to file the required license renewal form along with the appropriate fee shall result in the expiration of the license.
(f) Completed 15 hours of Continuing education; hours must be completed annually on or before the expiration date of the license. Up to 10 hours of Continuing Education may consist of education provided by federal authorities provided that the licensee submits documentation, satisfactory to the Commissioner that the licensee has, in fact, spent the amount of time requested engaged in federal training.
(g) Submitted proof satisfactory to the Commissioner that such applicant (or such applicant's sponsoring entity) has been approved, by being awarded a federal grant or otherwise, to act as a Navigator.
(6) Resident licensees that fail to file the complete and correct renewal with required attachments, fees and/or evidence of completion of required continuing education by the required filing date will result in a penalty being assessed when licensee applies for late renewal reinstatement.
(a) The penalty assessed will be $150; this penalty is in addition to any required renewal and late fees. The penalty and required fees are to be paid at the time of submission of late renewal reinstatement.
(b) If late renewal reinstatement is received 6 or more months after the expiration date, the licensee is required to submit electronic fingerprints in addition to the $150 penalty and required renewal and late fees.
(c) If an individual fails to file for late renewal reinstatement prior to one (1) year from the license expiration date, the licensee will be required to reapply for the license and satisfy all prelicensing requirements.

Rule 120-2-3-.49 Limited Credit Agency License

(1) Upon application to the Commissioner, a limited credit insurance agency license shall be issued provided that:
(a) Application is made on such form or forms as are prescribed by the Commissioner for this purpose, and shall include at least the following:
(i) A list of individual employees who will be selling, soliciting and/or negotiating insurance on behalf of the applicant in accordance with O.C.G.A. § 33-23-12(b.1) who are not licensed as agents pursuant to Chapter 23 of Title 33. Such employees shall be considered registered with the Department for purposes of O.C.G.A. § 33-23-12(b.1) and this Regulation. This list shall include any specific information as is required by the Commissioner including but not limited to the following for each employee:
1. Name;
2. Social security number;
3. Date of birth;
4. Certification that applicant has examined the character and fitness of each individual employee, including but not limited to performance of a background check, and is satisfied that such employee is of good character;
5. Certification, including an attached certificate of completion for each employee, that such employees have received the training required by O.C.G.A. § 33-23-12(b.1); and
(ii) A list of locations where credit insurance will be sold, solicited and/or negotiated on behalf of the applicant. Such locations shall be considered registered with the Department for purposes of O.C.G.A. § 33-23-12(b.1) and this Regulation. This list shall include any specific information regarding such locations as is required by the Commissioner including but not limited to address, FEIN number (if applicable) and contact person;
(b) The applicant meets the requirements for licensure pursuant to Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation; and
(c) The applicant remits the fee required by O.C.G.A. § 33-8-1 for a principal agency license as well as $100 per registered employee, as set forth in 120-2-3-.49(1)(a)(i) above, and $20 per registered location, as set forth in 120-2-3-.49(1)(a)(ii) above.
(2) No examination is required for licensure
(3) Should the information set forth in 120-2-3-.49(1)(a)(i) or (ii) above that was submitted as part of the limited credit insurance agency licensee's initial license application change at any time during the period of licensure, such licensee shall notify the Department on such form or forms as are prescribed by the Commissioner for this purpose. Additionally, licensee shall remit $50 per additional registered employee, as set forth in 120-2-3-.49(1)(a)(i) above, and $50 per additional registered location, as set forth in 120-2-3-.49(1)(a)(ii) above.
(4) Limited credit insurance agency licenses shall renew biennially on December 31 of the applicable renewal year in accordance with § 33-23-12(b.1)(7). Licensees must submit a renewal application prior to expiration on such form or forms as are prescribed by the Commissioner for this purpose and remit the fee required pursuant to O.C.G.A. § 33-8-1 for renewal of a principal agency license as well as $100 per registered employee and $20 per registered location.
(5) If the licensee fails to file the complete and correct renewal with all required attachments and fees remitted, it will be required to reapply for the licensee and satisfy all initial application requirements regarding the limited credit insurance agency license as set forth in Chapter 23 and herein.

Rule 120-2-3-.50 Violations

Any violation of this Regulation shall be a violation of Chapter 23 of Title 33 of the Official Code of Georgia Annotated.

Rule 120-2-3-.51 Severability

If any provision of this Regulation chapter or the application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of the chapter or the applicability of such provision to other persons or circumstances shall not be affected.