Subject 120-2-3 REGULATIONS REGARDING AGENTS, SUBAGENTS, COUNSELORS, ADJUSTERS, SURPLUS LINES BROKERS, AND AGENCIES
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.
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.
| (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. |
| (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. |
| (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. |
| (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). |
|
| (f) |
Surplus line brokers. |
| (g) |
Other limited licenses as provided in
this Regulation. |
|
| (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
| (b) |
Accident and Sickness; |
|
| (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; |
| (i) |
Other applicants as
the Commissioner at his discretion may determine. |
|
| (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
| (b) |
Accident and
Sickness; |
|
| (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. |
| (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. |
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.
| (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. |
| (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. |
| (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. |
| (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. |
| (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. |
| (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:
| (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. |
| (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. |
| (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. |
| (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. |
|
| (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. |
| (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. |
| (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. |
| (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. |
| (1) |
Each insurer having staff adjusters shall
file a list of such employees with the Commissioner by March 31 of each year.
Lists filed after filing date will result in a $15 late fee per staff adjuster
on said list. Staff adjusters are salaried employees who adjust claims on a
regular basis in this state, wherever such employees are located. |
| (2) |
Such list shall include any person who
directly supervises persons listed under Paragraph (1). |
| (3) |
Changes in such listing shall be filed
within thirty (30) days of the date of the change. For billing purposes, an
amendment is considered an insertion or deletion of a staff adjuster from the
annual listing. |
| (4) |
The
Commissioner may require such registration filings to be done
electronically. |
| (5) |
The electronic
staff adjuster filing must include the insurer's adjuster coordinator, that
person that will be responsible for the staff adjuster filings. The filing must
include the person's name, address, e-mail address, phone and fax number, as
well as any additional information the Commissioner deems necessary. |
| (6) |
Electronic filings by NAIC group number
must contain consistent employee identification numbers. |
| (7) |
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, $15 late fee will be assessed per staff adjuster. |
| (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; |
| 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; |
| 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. |
|
| (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. |
| (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. |
| (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. |
| (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:
| (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:
| (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. |
|
| (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. |
| (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. |
| (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. |
| (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. |
| (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. |
| (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
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January
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01/31/2015
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25 Months
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February
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02/28/2015
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26 Months
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March
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03/31/2015
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27 Months
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April
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04/30/2015
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28 Months
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May
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05/31/2015
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29 Months
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June
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06/30/2014
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18 Months
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July
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07/31/2014
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19 Months
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August
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08/31/2014
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20 Months
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September
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09/30/2014
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21 Months
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October
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10/31/2014
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22 Months
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November
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11/30/2014
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23 Months
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December
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12/31/2014
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24 Months
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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 last day of the licensee's birth month of
the year in question. |
|
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.
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.
| (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. |
| (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. |
| (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. |
A domestic insurer may register a representative to represent
such insurer by filing the required form with the Commissioner and paying the
required fees.
| (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. |
| (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. |
| (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. |
| (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. |
|
| (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. |
| (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. |
| (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; |
| (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. |
|
| (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:
| 2. |
Social security number; |
| 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. |
Any violation of this Regulation shall be a violation of
Chapter 23 of Title 33 of the Official Code of Georgia
Annotated.
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.
