|
|
IC 27-1-15.7-0.1
Application of certain amendments to chapter
Sec. 0.1. The amendments made to section 2 of this chapter by
P.L.60-2005 apply to renewal of an insurance producer license after
June 30, 2005.
As added by P.L.220-2011, SEC.424.
IC 27-1-15.7-1
Applicability of definitions
Sec. 1. The definitions in IC 27-1-15.6-2 apply throughout this
chapter.
As added by P.L.132-2001, SEC.4.
IC 27-1-15.7-2
License renewal
Sec. 2. (a) Except as provided in subsection (b), to renew a license
issued under IC 27-1-15.6, a resident insurance producer must
complete at least twenty-four (24) hours of credit in continuing
education courses. An attorney in good standing who is admitted to
the practice of law in Indiana and holds a license issued under
IC 27-1-15.6 may complete all or any number of hours of continuing
education required by this subsection by completing an equivalent
number of hours in continuing legal education courses that are
related to the business of insurance.
(b) Except as provided in subsection (c), to renew a license issued
under IC 27-1-15.6, a limited lines producer with a title qualification
under IC 27-1-15.6-7(a)(8) must complete at least seven (7) hours of
credit in continuing education courses related to the business of title
insurance with at least one (1) hour of instruction in a structured
setting or comparable self-study in each of the following:
(1) Ethical practices in the marketing and selling of title
insurance.
(2) Title insurance underwriting.
(3) Escrow issues.
(4) Principles of the federal Real Estate Settlement Procedures
Act (12 U.S.C. 2608).
An attorney in good standing who is admitted to the practice of law
in Indiana and holds a license issued under IC 27-1-15.6 with a title
qualification under IC 27-1-15.6-7(a)(8) may complete all or any
number of hours of continuing education required by this subsection
by completing an equivalent number of hours in continuing legal
education courses related to the business of title insurance or any
aspect of real property law.
(c) The following insurance producers are not required to
complete continuing education courses to renew a license under this
chapter:
(1) A limited lines producer who is licensed without
examination under IC 27-1-15.6-18(1) or IC 27-1-15.6-18(2).
(2) A limited line credit insurance producer.
(3) A nonresident limited lines producer with a title
qualification:
(A) whose home state requires continuing education for a
title qualification; and
(B) who has met the continuing education requirements
described in clause (A).
(d) To satisfy the requirements of subsection (a) or (b), a licensee
may use only those credit hours earned in continuing education
courses completed by the licensee:
(1) after the effective date of the licensee's last renewal of a
license under this chapter; or
(2) if the licensee is renewing a license for the first time, after
the date on which the licensee was issued the license under this
chapter.
(e) If an insurance producer receives qualification for a license in
more than one (1) line of authority under IC 27-1-15.6, the insurance
producer may not be required to complete a total of more than
twenty-four (24) hours of credit in continuing education courses to
renew the license.
(f) Except as provided in subsection (g), a licensee may receive
credit only for completing continuing education courses that have
been approved by the commissioner under section 4 of this chapter.
(g) A licensee who teaches a course approved by the
commissioner under section 4 of this chapter shall receive continuing
education credit for teaching the course.
(h) When a licensee renews a license issued under this chapter,
the licensee must submit:
(1) a continuing education statement that:
(A) is in a format authorized by the commissioner;
(B) is signed by the licensee under oath; and
(C) lists the continuing education courses completed by the
licensee to satisfy the continuing education requirements of
this section; and
(2) any other information required by the commissioner.
(i) A continuing education statement submitted under subsection
(h) may be reviewed and audited by the department.
(j) A licensee shall retain a copy of the original certificate of
completion received by the licensee for completion of a continuing
education course.
(k) A licensee who completes a continuing education course that:
(1) is approved by the commissioner under section 4 of this
chapter;
(2) is held in a classroom setting; and
(3) concerns ethics;
shall receive continuing education credit for the number of hours for
which the course is approved plus additional hours, not to exceed
two (2) hours in a renewal period, equal to the number of hours for
which the course is approved.
IC 27-1-15.7-2.5
Waiver of licensure and continuing education requirements
Sec. 2.5. The commissioner shall, not later than September 1,
2005, establish a policy to allow a waiver of the:
(1) continuing education requirements of this chapter; and
(2) license renewal requirements of IC 27-1-15.6 and this
chapter;
for an insurance producer who is serving on active duty in the armed
forces of the United States in an area designated as a combat zone by
the President of the United States.
As added by P.L.56-2005, SEC.1 and P.L.60-2005, SEC.2.
IC 27-1-15.7-3
Extension for continuing education requirements
Sec. 3. (a) The commissioner may grant an extension for
complying with the continuing education requirement set forth in
section 2 of this chapter.
(b) To receive an extension under this section, a licensee must file
a request with the commissioner on a form provided by the
commissioner.
(c) After a licensee files a request for an extension, the license of
the licensee remains in effect until the commissioner makes a
decision on the request.
(d) If the commissioner denies a licensee's request for an
extension, the licensee must complete continuing education
requirements set forth in section 2 of this chapter within ninety (90)
days after the commissioner notifies the licensee of the denial.
As added by P.L.132-2001, SEC.4.
IC 27-1-15.7-4
Approval of continuing education courses
Sec. 4. (a) The commissioner shall approve and disapprove
continuing education courses after considering recommendations
made by the insurance producer education and continuing education
advisory council created under section 6 of this chapter.
(b) The commissioner may not approve a course under this section
if the course:
(1) is designed to prepare an individual to receive an initial
license under this chapter;
(2) concerns only routine, basic office skills, including filing,
keyboarding, and basic computer skills;
(3) concerns sales promotion and sales techniques;
(4) concerns motivation, psychology, or time management; or
(5) may be completed by a licensee without supervision by an
instructor, unless the course involves an examination process
that is:
IC 27-1-15.7-5
Certified prelicensing courses of study
Sec. 5. (a) To qualify as a certified prelicensing course of study
for purposes of IC 27-1-15.6-6, an insurance producer program of
study must meet all of the following criteria:
(1) Be conducted or developed by an:
(A) insurance trade association;
(B) accredited college or university;
(C) educational organization certified by the insurance
producer education and continuing education advisory
council; or
(D) insurance company licensed to do business in Indiana.
(2) Provide for self-study or instruction provided by an
approved instructor in a structured setting, as follows:
(A) For life insurance producers, not less than twenty (20)
hours of instruction in a structured setting or comparable
self-study on:
consists of the commissioner and fifteen (15) members appointed by
the governor as follows:
(1) Two (2) members recommended by the Professional
Insurance Agents of Indiana.
(2) Two (2) members recommended by the Independent
Insurance Agents of Indiana.
(3) Two (2) members recommended by the Indiana Association
of Insurance and Financial Advisors.
(4) Two (2) members recommended by the Indiana State
Association of Health Underwriters.
(5) Two (2) representatives of direct writing or exclusive
producer's insurance companies.
(6) One (1) representative of the Association of Life Insurance
Companies.
(7) One (1) member recommended by the Insurance Institute of
Indiana.
(8) One (1) member recommended by the Indiana Land Title
Association.
(9) Two (2) other individuals.
(c) Members of the council serve for a term of three (3) years.
Members may not serve more than two (2) consecutive terms.
(d) Before making appointments to the council, the governor
must:
(1) solicit; and
(2) select appointees to the council from;
nominations made by organizations and associations that represent
individuals and corporations selling insurance in Indiana.
(e) The council shall meet at least semiannually.
(f) A member of the council is entitled to the minimum salary per
diem provided under IC 4-10-11-2.1(b). A member is also entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the state
department of administration and approved by the state budget
agency.
(g) The council shall review and make recommendations to the
commissioner with respect to course materials, curriculum, and
credentials of instructors of each prelicensing course of study for
which certification by the commissioner is sought under section 5 of
this chapter and shall make recommendations to the commissioner
with respect to educational requirements for insurance producers.
(h) A member of the council or designee of the commissioner
shall be permitted access to any classroom while instruction is in
progress to monitor the classroom instruction.
(i) The council shall make recommendations to the commissioner
concerning the following:
(1) Continuing education courses for which the approval of the
commissioner is sought under section 4 of this chapter.
(2) Rules proposed for adoption by the commissioner that
would affect continuing education.
IC 27-1-15.7-8
Hearings
Sec. 8. All hearings held under this chapter are governed by
IC 4-21.5-3. The commissioner may appoint members of the
commissioner's staff to act as hearing officers for purposes of
hearings held under this chapter.
As added by P.L.132-2001, SEC.4.