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(continued)
(6) Provider name and number;
(7) Signature of instructor or monitor and date; and
(8) Certification of completion by student.
[Statutory Authority: RCW 48.02.060, 48.17.150, 48.17.563, 48.85.040. 05-07-091 (Matter No. R 2004-04), § 284-17-292, filed 3/17/05, effective 4/17/05.]
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284-17-294
Do I have to renew my approval as a provider?
No. Your approval as a provider does not need to be renewed as long as you have received approval for a course within the last four years.
[Statutory Authority: RCW 48.02.060, 48.17.150, 48.17.563, 48.85.040. 05-07-091 (Matter No. R 2004-04), § 284-17-294, filed 3/17/05, effective 4/17/05.]
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284-17-296
Do I have to renew an approval of a course?
Yes, a course must be renewed every two years. A renewal notice will be sent by the OIC and must be completed and returned with a copy of the current course material for a correspondence course or outline for a lecture course. If substantial changes have been made in the course curriculum, it should be submitted as a new course.
[Statutory Authority: RCW 48.02.060, 48.17.150, 48.17.563, 48.85.040. 05-07-091 (Matter No. R 2004-04), § 284-17-296, filed 3/17/05, effective 4/17/05.]
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284-17-298
Must I submit an electronic attendance roster?
Yes, the provider will be required to submit the attendance roster in a format as determined by OIC.
[Statutory Authority: RCW 48.02.060, 48.17.150, 48.17.563, 48.85.040. 05-07-091 (Matter No. R 2004-04), § 284-17-298, filed 3/17/05, effective 4/17/05.]
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284-17-301
Does the commissioner have the authority to levy a fine against a CE provider or revoke or suspend a CE provider's approval?
After hearing or upon stipulation by the CE provider, and in addition to or in lieu of the suspension, revocation, or refusal to renew any such CE provider approval, the commissioner may levy a fine upon the CE provider.
(1) For each offense the fine shall be an amount not more than one thousand dollars.
(2) The order levying such fine shall specify that the fine must be fully paid not less than fifteen nor more than thirty days from the date of the order.
(3) Upon failure to pay any such fine when due, the commissioner shall revoke the approval of the CE provider, if not already revoked.
The fine may be recovered in a civil action brought on behalf of the commissioner by the attorney general. Any fine so collected will be paid by the commissioner to the state treasurer for the account of the general fund.
[Statutory Authority: RCW 48.02.060, 48.17.150, 48.17.563, 48.85.040. 05-07-091 (Matter No. R 2004-04), § 284-17-301, filed 3/17/05, effective 4/17/05.]
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284-17-302
What actions by a provider could result in a fine?
The following actions may result in a fine:
(1) Advertising or offering a course without prior approval;
(2) Not following the approved course outline;
(3) Issuing fraudulent completion certificates; and
(4) Recruitment within an advertisement or during the hours of a course presentation.
(5) The provider has failed to comply with or has violated any statute or regulation pertaining to insurance continuing education providers.
[Statutory Authority: RCW 48.02.060, 48.17.150, 48.17.563, 48.85.040. 05-07-091 (Matter No. R 2004-04), § 284-17-302, filed 3/17/05, effective 4/17/05.]
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284-17-304
Can the approval of a provider be suspended or revoked?
(1) Yes, the approval may be suspended or revoked if:
(a) The provider or its employees involved in insurance education have violated any of the provisions of Title 48 RCW or Title 284 WAC; or
(b) The OIC finds under these titles that disciplinary action against any provider is appropriate; the OIC may exercise the discretion to suspend or revoke the provider approval and all of its courses.
(2) Reinstatement of a suspended or revoked approval shall be at the discretion of the OIC after receipt of satisfactory proof that the conditions responsible for the suspension have been corrected.
[Statutory Authority: RCW 48.02.060, 48.17.150, 48.17.563, 48.85.040. 05-07-091 (Matter No. R 2004-04), § 284-17-304, filed 3/17/05, effective 4/17/05.]
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284-17-306
Can an approval of a course be suspended or revoked?
(1) Yes, the approval of a course may be suspended or revoked if the OIC determines that:
(a) The content of an approved course was significantly changed without notice to and approval from, the OIC;
(b) A certificate of completion was issued to any individual who did not complete the course;
(c) A certificate of completion was not issued to any individual who satisfactorily completed the course;
(d) The actual instruction of the course is determined by the commissioner to be inadequate; or
(e) The provider failed to comply with the OIC's request for submissions of updated descriptions of any course offerings; or records, course materials, or audit information were not provided within fifteen days of the OIC's request.
(2) Reinstatement of a suspended or revoked approval is at the discretion of the OIC. The OIC must receive satisfactory proof that the conditions responsible for the suspension have been corrected.
[Statutory Authority: RCW 48.02.060, 48.17.150, 48.17.563, 48.85.040. 05-07-091 (Matter No. R 2004-04), § 284-17-306, filed 3/17/05, effective 4/17/05.]
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284-17-308
May I advertise a course prior to approval?
No, a course should not be advertised prior to approval.
[Statutory Authority: RCW 48.02.060, 48.17.150, 48.17.563, 48.85.040. 05-07-091 (Matter No. R 2004-04), § 284-17-308, filed 3/17/05, effective 4/17/05.]
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284-17-310
What must a course advertisement include?
A course advertisement must include:
(1) The provider name;
(2) The course title;
(3) A brief description of the course;
(4) The number of credit hours applied for or approved;
(5) The location;
(6) The date and time; and
(7) The cost of the course.
[Statutory Authority: RCW 48.02.060, 48.17.150, 48.17.563, 48.85.040. 05-07-091 (Matter No. R 2004-04), § 284-17-310, filed 3/17/05, effective 4/17/05. Statutory Authority: RCW 48.02.060. 89-19-037 (Order R 89-10), § 284-17-310, filed 9/15/89, effective 10/16/89; 82-10-016 (Order R 82-2), § 284-17-310, filed 4/28/82. Statutory Authority: RCW 48.02.060 and 48.17.150. 81-18-049 (Order R 81-5), § 284-17-310, filed 8/31/81. Statutory Authority: RCW 48.17.150 as amended by 1979 ex.s. c 269 §§ 7,10. 80-04-042 (Order R 80-3), § 284-17-310, filed 3/20/80.]
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284-17-312
Does Washington participate in the NAIC Uniform Continuing Education Reciprocity Agreement?
(1) Yes, Washington has entered into an agreement with states participating in the NAIC Uniform Continuing Education Reciprocity Agreement. With just a few state specific exceptions, a course approved by a participating state will be accepted by other participating states by submitting NAIC Uniform Continuing Education Reciprocity Course Filing Form and any required attachments.
(2) Participating states have agreed they will not review another state's CE credit hours. Instructor qualifications will also not be reviewed. A standard course filing form will be used for reciprocity filings.
(3) The agreement does not change any of a provider's current duties under Washington law. A provider must still be independently qualified as an approved provider in a participating state.
[Statutory Authority: RCW 48.02.060, 48.17.150, 48.17.563, 48.85.040. 05-07-091 (Matter No. R 2004-04), § 284-17-312, filed 3/17/05, effective 4/17/05.]
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284-17-320
What are the qualifications of an instructor?
An instructor must be trustworthy, competent and knowledgeable in the subject area being taught.
[Statutory Authority: RCW 48.02.060, 48.17.150, 48.17.563, 48.85.040. 05-07-091 (Matter No. R 2004-04), § 284-17-320, filed 3/17/05, effective 4/17/05. Statutory Authority: RCW 48.01.030, 48.02.060(3), 48.14.010, 48.17.150(2), 48.17.160 (1)(5) and 48.17.500(3). 94-14-033 (Order R 94-14), § 284-17-320, filed 6/28/94, effective 7/29/94. Statutory Authority: RCW 48.02.060. 89-19-037 (Order R 89-10), § 284-17-320, filed 9/15/89, effective 10/16/89. Statutory Authority: RCW 48.17.150 as amended by 1979 ex.s. c 269 §§ 7,10. 80-04-042 (Order R 80-3), § 284-17-320, filed 3/20/80.]
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284-17-421
What definitions apply to WAC 284-17-421 through 284-17-483?
(1) "Business entity" means a corporation, partnership, limited liability company, or limited liability partnership.
(2) "Sending written notice" or "sending a copy of the written notice" means transmitting the required information in writing and, where appropriate, on forms designated by the commissioner for that purpose, via mail, commercial parcel delivery company, electronic telefacsimile transmission, or e-mail.
(3) "NIPR" means the National Insurance Producer Registry or other equivalent organization or entity designated or maintained by the National Association of Insurance Commissioners, its affiliates, or subsidiaries.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-421, filed 5/30/06, effective 6/30/06.]
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284-17-423
How long are initial and reinstated individual licenses in effect?
Initial and reinstated individual licenses are valid from the date of issuance until the date of the licensee's next birthday anniversary plus one year.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-423, filed 5/30/06, effective 6/30/06.]
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284-17-425
How long are initial and reinstated business entity licenses in effect?
Initial and reinstated business entity licenses are valid for a period of two years from the date of issuance.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-425, filed 5/30/06, effective 6/30/06.]
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284-17-427
What is the renewal period for a license?
The renewal period for all licenses is two years.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-427, filed 5/30/06, effective 6/30/06.]
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284-17-429
How long is an initial appointment valid?
Initial appointments are valid for the period ending with the insurer's first appointment renewal date after the initial issue date of the appointment. The appointment renewal date for the insurer is assigned by the commissioner.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-429, filed 5/30/06, effective 6/30/06.]
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284-17-431
What is the renewal period for an appointment?
The renewal period for all appointments is two years.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-431, filed 5/30/06, effective 6/30/06.]
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284-17-433
How long is an appointment effective?
Each appointment is effective until the agent's license expires or is revoked, the appointment has expired, or written notice of termination of the appointment is received by the commissioner, whichever occurs first.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-433, filed 5/30/06, effective 6/30/06.]
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284-17-435
How will the commissioner notify an insurer that an agent has been appointed?
The commissioner will confirm the agent's appointment by sending written notice to the insurer within fifteen calendar days after receipt of the appointment by the commissioner.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-435, filed 5/30/06, effective 6/30/06.]
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284-17-437
How may an agent be appointed?
An agent may be appointed by using one of the following methods:
(1) By submitting the appointment electronically through NIPR (preferred method); or
(2) By submitting the appointment to the commissioner using the form provided by the commissioner for that purpose. The form may be obtained upon request or may be found at the commissioner's web site.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-437, filed 5/30/06, effective 6/30/06.]
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284-17-439
How will the commissioner notify an insurer if an agent is not eligible for an electronic appointment?
If an agent is not eligible for an electronic appointment, the insurer will be notified when the electronic appointment is not accepted for transmission through NIPR. An agent is not eligible for an appointment where the agent's license is not valid or the agent is not licensed for all lines of insurance that the appointing insurer is authorized to transact in the state of Washington.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-439, filed 5/30/06, effective 6/30/06.]
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284-17-441
How will the commissioner notify an insurer if an agent is ineligible for an appointment when the appointment has not been submitted electronically?
The commissioner will notify an insurer that an agent is ineligible for an appointment when the appointment has not been submitted electronically by sending written notice to the insurer.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-441, filed 5/30/06, effective 6/30/06.]
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284-17-443
How may an insurer renew an agent's appointment?
A renewal appointment list will be sent to the insurer identifying all of the insurer's agents whose appointments are due to expire. An insurer may renew an appointment by:
(1) Sending written notice to the commissioner that the appointment will be renewed; and
(2) Paying the renewal fee for each agent appointed by the insurer on the renewal date assigned by the commissioner.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-443, filed 5/30/06, effective 6/30/06.]
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284-17-445
How may an insurer terminate an appointment?
An insurer may terminate an appointment by sending written notice of termination to the agent and by sending a notice of termination of the appointment to the commissioner:
(1) Electronically through NIPR (preferred method); or
(2) Using the form provided by the commissioner for that purpose. The form may be obtained upon request or may be found at the commissioner's web site.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-445, filed 5/30/06, effective 6/30/06.]
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284-17-447
How may an agent terminate an appointment?
An agent may terminate an appointment by sending advance written notice to the insurer stating:
(1) The agent will no longer act as a representative of the insurer; and
(2) The effective date of the termination.
The agent must also send a copy of the written notice to the commissioner.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-447, filed 5/30/06, effective 6/30/06.]
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284-17-449
When an agent's appointment is terminated "for cause," what procedure must be followed in notifying the commissioner?
If an insurer or its authorized representative terminates the appointment of an agent "for cause," the insurer must notify the insurance commissioner within thirty days following the effective date of the termination by sending written notice of termination of the appointment "for cause" to the commissioner.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-449, filed 5/30/06, effective 6/30/06.]
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284-17-451
What information must be provided relating to a "for cause" termination?
Upon the written request of the commissioner, the insurer shall provide additional information, documents, records or other data pertaining to the "for cause" termination or activity of the agent.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-451, filed 5/30/06, effective 6/30/06.]
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284-17-453
What conduct constitutes "for cause"?
"For cause" includes the following conduct:
(1) Providing incorrect, misleading, incomplete or materially untrue information in the license application;
(2) Violating any insurance laws, or violating any regulation, subpoena or order of the commissioner or of another state's insurance commissioner;
(3) Obtaining or attempting to obtain a license through misrepresentation or fraud;
(4) Improperly withholding, misappropriating or converting any moneys or properties received in the course of doing insurance business;
(5) Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance;
(6) Having been convicted of a felony;
(7) Having admitted or been found to have committed any insurance unfair trade practice or fraud;
(8) Using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, untrustworthiness or financial irresponsibility in the conduct of business in this state or elsewhere;
(9) Having an insurance license, denied, suspended or revoked in any other state, province, district or territory;
(10) Forging another's name to an application for insurance or to any document related to an insurance transaction;
(11) Knowingly accepting insurance business from an individual who is not licensed;
(12) Incompetence;
(13) Failure to account for premiums;
(14) Rebating; and
(15) Abandonment.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-453, filed 5/30/06, effective 6/30/06.]
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284-17-455
Is an agent required to be licensed for the same lines of authority as the appointing insurer?
An applicant for an agent's license must be licensed for all lines of insurance that the appointing insurer is authorized to transact in the state of Washington with the following exceptions:
(1) Insurers authorized to write lines of insurance in addition to vehicle insurance or surety insurance may appoint agents to write vehicle insurance or surety insurance only. It is only necessary that these appointees take a qualifying examination for vehicle insurance or surety insurance.
(2) Where the appointment is for the "limited" licenses of travel, credit life and disability, credit casualty, specialty producers, or rental car agents, it is not necessary for the applicant to be licensed for all lines of insurance that the appointing insurer is authorized to transact in the state of Washington.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-455, filed 5/30/06, effective 6/30/06.]
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284-17-457
May a licensed agent act as a representative of an insurer and solicit insurance on its behalf before notifying the commissioner of the appointment?
A licensed agent may act as a representative of an insurer and solicit insurance on its behalf before notifying the commissioner of the appointment where:
(1) The agent is appointed by the insurer; and
(2) The notice of appointment is submitted electronically through NIPR.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-457, filed 5/30/06, effective 6/30/06.]
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284-17-459
How long may a licensed agent act as a representative of an insurer and solicit insurance on its behalf before notifying the commissioner of the appointment?
A licensed agent may act as a representative of an insurer and solicit insurance on its behalf before notifying the commissioner of the appointment for up to thirty calendar days after the date the agent has signed the first application for insurance for submission to the insurer.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-459, filed 5/30/06, effective 6/30/06.]
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284-17-461
May a licensed agent act as a representative of an insurer and solicit insurance on its behalf before notifying the commissioner of the appointment if the notice of appointment is not submitted electronically?
If the notice of appointment is not submitted electronically, the commissioner must receive written notice of the appointment and accept the appointment before the licensed agent may act as a representative of an insurer and solicit insurance on its behalf.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-461, filed 5/30/06, effective 6/30/06.]
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284-17-463
Who is responsible for ensuring that the agent is eligible for appointment?
The agent and the appointing insurer are responsible for ensuring that the agent is eligible for appointment.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-463, filed 5/30/06, effective 6/30/06.]
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284-17-467
What are the consequences when an agent has solicited insurance on behalf of an insurer as authorized by WAC 284-17-457 but is later determined not to be eligible for appointment by the insurer?
When an agent has solicited insurance on behalf of an insurer as authorized by WAC 284-17-457 but is later determined not to be eligible for appointment by the insurer:
(1) The insurance will be effective;
(2) The agent is not entitled to receive compensation for any insurance or insurance product sold by the agent; and
(3) The agent and the insurer may be subject to disciplinary action under RCW 48.17.530.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-467, filed 5/30/06, effective 6/30/06.]
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284-17-469
Is the insurer responsible for the acts of the agent during the period of time the agent is acting as a representative of the insurer or soliciting insurance on its behalf?
The insurer is responsible for the acts of the agent during the period of time the agent is acting as a representative of the insurer or soliciting insurance on its behalf but before the commissioner is notified of the appointment. This is the case whether or not the thirty-calendar-day period after the date the agent has signed the first application for insurance for submission to the insurer has elapsed. Any misconduct or errors that may occur during this time will be the responsibility of the insurer and the agent.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-469, filed 5/30/06, effective 6/30/06.]
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284-17-471
What are the consequences if the commissioner is not notified of the appointment within thirty calendar days after the date the agent has signed the first application for insurance for submission to the insurer and the agent continues to act as a representative of the insurer or solicit insurance on its behalf?
If the commissioner is not notified of the appointment within thirty calendar days after the date the agent has signed the first application for insurance for submission to the insurer, the agent may no longer act as a representative of the insurer or solicit insurance on its behalf. If the agent continues to do so, the insurance will be effective but the agent and the insurer may be subject to disciplinary action under RCW 48.17.530.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-471, filed 5/30/06, effective 6/30/06.]
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284-17-473
Is a business entity licensed as an agent, adjuster or broker required to affiliate an individual licensee?
Each business entity licensed as an agent, adjuster or broker must notify the commissioner of all individual licensees that represent the business entity and act on its behalf using the form provided by the commissioner for that purpose. The form may be obtained upon request or may be found at the commissioner's web site. Individual licensees that represent the business entity and act on its behalf are "affiliated" with the licensed business entity. A business entity licensee must have at least one individual licensee who is affiliated.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-473, filed 5/30/06, effective 6/30/06.]
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284-17-475
Must an individual licensee who is affiliated with a business entity license be individually appointed by insurers if the business entity is appointed by the insurer?
If an individual licensee is affiliated with a business entity licensee, the individual is not required to be directly appointed by the insurer. The licensee's authority to act as an agent is limited to those lines for which the licensee is qualified and within the business entity's lines of authority.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-475, filed 5/30/06, effective 6/30/06.]
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284-17-477
How long is an affiliation valid?
An affiliation by a business entity which is not revoked will be valid until the first renewal date after the notice of affiliation. Thereafter, each affiliation may be renewed for a period of two years upon payment of the annual affiliation renewal fee for each affiliation at the time of renewal of the business entity license.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-477, filed 5/30/06, effective 6/30/06.]
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284-17-479
How may a business entity terminate an affiliation?
A business entity may terminate an affiliation of an individual by sending written notice of termination to the agent and a copy to the commissioner.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-479, filed 5/30/06, effective 6/30/06.]
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284-17-481
How should an insurer notify the commissioner of a termination of an affiliation "for cause"?
If a business entity or its authorized representative terminates the affiliation of a producer "for cause," the business entity must notify the commissioner within thirty days following the effective date of the termination by sending written notice of termination of the affiliation to the commissioner.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-481, filed 5/30/06, effective 6/30/06.]
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284-17-482
What information must be provided relating to a "for cause" termination?
Upon the written request of the commissioner, the business entity shall provide additional information, documents, records or other data pertaining to the "for cause" termination or conduct of the affiliated person.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-482, filed 5/30/06, effective 6/30/06.]
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284-17-483
How may an individual agent terminate an affiliation?
An individual agent may terminate the agent's affiliation by sending advance written notice to the business entity stating:
(1) The agent will no longer act on behalf of the business entity; and
(2) The effective date of the termination.
The agent must also send a copy of the written notice to the commissioner.
[Statutory Authority: RCW 48.02.060 (3)(a) and 48.17.150 (1)(g)(ii). 06-12-025 (Matter No. R 2005-06), § 284-17-483, filed 5/30/06, effective 6/30/06.]
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284-17-505
Definitions.
As used in WAC 284-17-505 through 284-17-565, the following terms have the meanings indicated unless the context clearly requires otherwise:
(1) "Approved prelicense education provider" or "provider" means any insurer, professional association, educational institution created by Washington statutes or vocational school licensed under Title 28C RCW, or independent contractor, to which the commissioner has granted authority to conduct and certify completion of an approved course satisfying the insurance education requirements of RCW 48.17.150.
(2) "Approved course" means a series of seminars, classes, or lectures meeting the requirements of WAC 284-17-550; covering the prescribed curricula of WAC 284-17-551 and the applicable section(s) of WAC 284-17-552 through 284-17-555. A course is approved only for offering by an approved provider, while supervised by an approved program director, and presented under the supervision of an approved instructor, according to the applicable section of either WAC 284-17-540 or 284-17-545.
(3)(a) "Instructor" means a person meeting the requirements of WAC 284-17-537.
(b) "Student" means an individual taking the prelicense education course that is required as a prerequisite to admission to the life, disability, property, or casualty resident insurance agent's license examination.
(4) "Curriculum" or "curricula" means the topics of study prescribed for prelicense education by the commissioner at WAC 284-17-551 through 284-17-555, concerning the life, disability, property, and casualty lines of insurance, and including the Washington insurance statutes and regulations curriculum.
(5) "Independent testing service" means the entity with which the commissioner has contracted to develop, administer, and score license examinations.
(6) "Insurer" means an insurance company, health care service contractor, or health maintenance organization authorized to conduct business in Washington under RCW 48.05.030, 48.44.015, or 48.46.027, respectively.
[Statutory Authority: RCW 48.02.060. 89-14-045 (Order R 89-8), § 284-17-505, filed 6/29/89. Statutory Authority: RCW 48.02.060 and 48.17.070. 89-01-055 (Order R 88-14), § 284-17-505, filed 12/16/88.]
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284-17-510
Prelicense education requirement.
(1) Unless exempted under WAC 284-17-515, an applicant for a resident's license as a life, disability, property, or casualty insurance agent or solicitor must complete the following education requirements as a prerequisite to admission to the examination:
Complete four hours of instruction relating to Washington's general statutes and regulations governing the sale of insurance, and sixteen hours of instruction relating to the specific line of:
(a) Life insurance, if the applicant is seeking to be licensed as a life insurance agent or solicitor; or
(b) Disability insurance, if the applicant is seeking to be licensed as a disability insurance agent or solicitor; or
(c) Casualty insurance, if the applicant is seeking to be licensed as a casualty insurance agent or solicitor; or
(d) Property insurance, if the applicant is seeking to be licensed as a property insurance agent or solicitor.
(2) An applicant planning to undergo examination for more than one major line need not repeat the four hours' instruction on general statutes and regulations.
(3) The prescribed curriculum for a particular line, and the prescribed curriculum for the insurance statutes and regulations, must be completed within the twelve-month period immediately preceding the examination.
[Statutory Authority: RCW 48.02.060 and 48.17.070. 89-01-055 (Order R 88-14), § 284-17-510, filed 12/16/88.]
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284-17-515
Waiver of the prelicense education requirement.
Any person with documented insurance education or licensed experience that meets or exceeds the requirements of subsections (1) or (2) of this section as applicable, may file a written petition with the commissioner for a waiver of the prelicense education requirement. Any person who believes that a prelicense education course is unavailable to her or him may file a written petition with the commissioner for permission to undertake self-study in accordance with provisions of subsection (3) of this section.
(1) Equivalent education. A written waiver, based on documentation of equivalent education, may be granted by the commissioner in lieu of the certificate of completion for the purpose of complying with the prelicense education requirement, provided that the insurance education was completed within the twelve months immediately preceding the petition for waiver; and the petitioner demonstrates that the materials and/or classes required to complete such insurance education meet or exceed the curriculum prescribed by WAC 284-17-552 through 284-17-555 for each applicable line.
(a) An equivalent education in insurance may be demonstrated by a course syllabus and the student's transcript from an accredited college, university, or a course of study recognized as a mark of distinction by the insurance industry and deemed by the commissioner to be fully qualified and competent.
(b) The commissioner retains the discretion to determine whether a petitioner has presented sufficient evidence that her or his "equivalent" education merits a waiver of the prelicense education requirement.
(c) Prior to the petitioner's participation in the insurance agent's license examination, the petition must be submitted and the commissioner's written waiver must be issued.
(d) A waiver is valid for twelve months from the date signed by the commissioner. A waiver of the applicable insurance line curriculum requirement is not a waiver of the insurance statutes and regulations curriculum requirement, or of any other requirement prescribed by the commissioner for insurance license examination eligibility.
(2) Licensed experience. A written waiver from the prelicense education requirement for life, disability, casualty, or property insurance as defined respectively by WAC 284-17-552, 284-17-553, 284-17-554, or 284-17-555 may be granted by the commissioner to any person who can demonstrate that (a) he or she has been licensed within the previous ninety days for the same line or lines of insurance in another state and that (b) he or she was licensed continuously for at least two years. Such waiver is not a waiver of Washington's statutes and regulations curriculum as defined in WAC 284-17-551.
(3) Unavailability. Any person who believes that a prelicense education course is unavailable to her or him may file a written petition with the commissioner for permission to undertake self-study. Written permission to undertake self-study of the prelicense education curricula, based on a showing of the unavailability of an approved prelicense education course, may be granted by the commissioner provided that the petition shall specify in detail the reasons why a prelicense education course for the identified line of insurance is unavailable, and shall identify with particularity the materials to be used to study the prescribed curricula. The petitioner shall demonstrate that the materials cover the curriculum prescribed for Washington insurance statutes and regulations as well as the curriculum prescribed for that line.
(a) The commissioner retains the discretion to determine whether the petitioner has presented sufficient cause to justify a grant of permission to self-study the prelicense curriculum.
(b) If the commissioner grants permission to self-study, such study must be completed within twelve months of the grant. Upon completion of study, the petitioner shall present to the commissioner a certified statement in which the self-study materials that have been utilized are identified, and in which the amount of time spent in study is clearly recorded by dates and clock times as covering at least the prelicense education hour requirement.
(c) Upon the petitioner's satisfactory completion of the approved program of self-study, the commissioner will issue a certificate of completion of approved self-study.
[Statutory Authority: RCW 48.02.060 and 48.17.150. 91-12-032 (Order R 91-2), § 284-17-515, filed 6/3/91, effective 7/4/91. Statutory Authority: RCW 48.02.060 and 48.17.070. 89-01-055 (Order R 88-14), § 284-17-515, filed 12/16/88.]
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284-17-520
When prelicense education requirement must be met.
The requirements of WAC 284-17-505 through 284-17-520 apply to all persons taking an agent's license examination, conducted on or after November 1, 1989.
(1) Any applicant seeking a resident's license as a life, disability, property, or casualty insurance agent or solicitor in the state of Washington who appears at an examination site must present certificates of completion of the requisite number of hours of approved prelicense education, or a written waiver of the applicable line curriculum and a certificate of completion of the statutes and regulations curriculum, to be allowed access to the examination.
(2) Any applicant who receives a passing score on the licensing examination must include validated certificates of completion of the approved prelicense education, or a written waiver of the applicable line curriculum requirement, along with other license application documents, to be issued the license.
[Statutory Authority: RCW 48.02.060. 89-14-045 (Order R 89-8), § 284-17-520, filed 6/29/89. Statutory Authority: RCW 48.02.060 and 48.17.070. 89-01-055 (Order R 88-14), § 284-17-520, filed 12/16/88.]
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284-17-530
Requirements applicable to all prelicense education providers.
This section applies to all persons offering life, disability, property, or casualty insurance prelicense education, for purposes of satisfying the education requirements prescribed by the commissioner at WAC 284-17-505 through 284-17-520 for insurance license applicants.
(1) Persons seeking authority to conduct an approved course for life, disability, property, or casualty insurance shall obtain the written approval from the commissioner prior to the commencement of any such course. No course may be advertised as approved until the provider has obtained in writing all approvals required from the commissioner.
(a) The request for approval must include all information, disclosures, statements, and certifications required by the commissioner, on the prescribed forms.
(b) Course materials must be submitted to the commissioner with references to the provisions of the prescribed curricula: Provided, however, That the commissioner may waive submission of materials that were approved within the previous twelve months, if references to the prescribed curriculum are drawn in sufficient detail. The provider shall submit a request for approval only for those courses that satisfy the requirements of WAC 284-17-550, 284-17-551, and the applicable sections of WAC 284-17-552 through 284-17-555.
(c) The provider must disclose the tuition to be charged for each proposed course.
(i) Disclosure to the office of insurance commissioner of the total tuition to be charged for all course offerings shall be made in the request for provider approval.
(ii) The provider must disclose to each student at the time of enrollment the amount of the course tuition to be paid, to persons other than the provider's full-time employees, as compensation for referring students to the provider.
(iii) The provider must comply with the enrollment procedures set out at WAC 490-800-060 by the Washington state board for vocational education.
(2) The commissioner will look to the provider to maintain the integrity of the training system. The provider shall be responsible for its employees' conduct, and shall be subject to disciplinary action for its employees' failure to comply with chapter 284-17 WAC. As a condition of approval, therefore:
(a) The provider must retain all student enrollment and performance data, personnel records, and course materials and student evaluations of each course, available for the commissioner's review, for three years.
(b) The provider must identify its proposed program director, and must certify, upon conclusion of a competent background investigation, that its program director's qualifications meet or exceed the requirements at WAC 284-17-535, including that the program director has been determined to be trustworthy.
(i) The commissioner's approval of a program director is valid for a period of twelve months from the most recent provider approval date.
(ii) The provider must apply to the commissioner for amended approval at least ten calendar days before instituting a change of program director.
(iii) The provider must continually monitor its program director's supervision of instruction, and must immediately remove the program director if he or she violates any statute or regulation pertaining to insurance sales or licensing then in effect.
(c) The provider must identify its proposed instructor(s), and must certify, upon conclusion of a competent background investigation, that each instructor's qualifications meet or exceed the requirements at WAC 284-17-537, including that each instructor has been determined to be trustworthy.
(i) The commissioner's approval of each instructor is valid for a period of twelve months from the most recent provider approval date.
(ii) The provider must apply to the commissioner for amended approval at least ten calendar days before instituting a change of instructors, except in the case of an instructor vacancy created by an emergency as defined by WAC 284-17-535 (3)(a)(i).
(3) After due investigation and consideration, the commissioner may grant approval of the provider upon a showing that the provider has satisfied all the requirements of WAC 284-17-530 through 284-17-539, 284-17-540 or 284-17-545, and 284-17-550.
(4) Provider approval is valid for a period of twelve months from the initial approval date. To retain such approval, approved prelicense education providers must:
(a) Post in a conspicuous location at the prelicense education site, the procedures for applying for an insurance agent's or solicitor's license, including all preexamination qualifications and a notice of prohibited examination behavior in the standard form prescribed by the commissioner.
(b) Apply to the commissioner for amended provider approval at least ten calendar days prior to instituting any change of its owner or executive officer or of its program director. Amended approval, if granted, is valid only until the original provider approval expiration date.
(c) Report to the commissioner, by the fifteenth day of each month, the name of each student receiving a certificate of completion for each approved course offered during the previous calendar month.
(d) Permit the commissioner or the commissioner's designees to conduct unannounced audits of any of the provider's approved courses, for purposes of monitoring the provider's continued compliance with WAC 284-17-530 through 284-17-565.
(e) Immediately produce, upon request of the commissioner or the commissioner's designee, a true and complete copy of the provider's instructional plan for each approved course.
(f) Post in a conspicuous location at the prelicense education site, the tuition for each approved course, and if applicable:
(i) The full text of any referral/rebate policy;
(ii) The specific dollar amount of course tuition which is payable, to each person other than the provider's full-time employees, as compensation for referring students to the provider;
(iii) The name(s) of the person(s) to whom referral fees are paid.
(g) Any approved provider that has a referral fee/tuition rebate plan must provide a written copy of the agreement to each referred student at the time of her or his enrollment. The copy must contain:
(i) The full text of any referral/rebate policy;
(ii) The specific dollar amount of course tuition which is payable, to each person other than the provider's full-time employee, as compensation for referring students to the provider;
(iii) The name(s) of the person(s) to whom referral fees are paid.
(5) The provider must notify the commissioner, in writing, of the provider's intent to terminate its prelicense education program at least ten calendar days prior to the termination.
(a) If the commissioner sends a written inquiry by certified mail, the provider must respond within ten calendar days.
(b) Failure to notify the commissioner of a course termination, or to respond to a written inquiry, within the specified time limits will result in immediate loss of provider approval, and shall be so noted upon the record.
(6) The provider must give at least ten calendar days' notice to the commissioner of the provider's intent to change the tuition amount or the rebating policy, or to initiate a rebating policy with a person other than the provider's full-time employee.
(7) It shall be unlawful for any prelicense education provider to use license examination performance data for advertising or promotional purposes.
(8) It shall be unlawful for any prelicense education provider to use any name that implies or suggests that the provider is affiliated with either the office of insurance commissioner or with the independent testing service that conducts the examination, or to use any name that implies or suggests that the provider is the only person authorized to provide prelicense education in the state of Washington.
[Statutory Authority: RCW 48.02.060 and 48.17.070. 89-01-055 (Order R 88-14), § 284-17-530, filed 12/16/88.]
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284-17-535
Program director qualifications and responsibilities.
(1) A program director's necessary qualifications are:
(a) At least five years of teaching experience and knowledge of insurance products, principles, and laws. (continued)