The way to Renew Your Insurance coverage License with a Felony Background Half 1: Alabama by Georgia

0

This publish is a part of a collection sponsored by AgentSync.

Insurance coverage licenses will be exhausting to get and maintain, even for these with essentially the most pristine backgrounds. So, what’s an insurance coverage producer to do in the event that they discover themselves within the unlucky place of being up for license renewal with a change to their felony historical past?

Satirically, even going from having a felony file to not having one may cause an issue for insurance coverage licenseholders (see our protection of Michigan’s Clear Slate regulation and the challenges of automated felony file expungement). Nonetheless, extra generally, somebody with an insurance coverage license might become involved within the felony justice system and have new expenses or convictions to report.

To be clear, a producer on this scenario shouldn’t wait till their subsequent renewal to report the change of their felony background to each state they’re licensed in. Each single state requires producers to tell them inside 30 days of latest expenses, convictions, or administrative actions – though the specifics of how to try this change state to state.

To say that every state handles this a bit in another way shouldn’t shock anybody. So, please do not forget that this text isn’t an alternative choice to authorized recommendation! We’ll strive, nevertheless, to briefly define what every state expects an insurance coverage licenseholder to do if they’ve a brand new felony file when it comes time to resume their license.

A federal regulation with state-by-state enforcement

At first look, you may suppose there’s a easy reply to the problem of how an insurance coverage agent must proceed with their license renewal in the event that they’ve bought a brand new felony historical past to report. That’s as a result of there’s truly a federal regulation known as 18 U.S.C. 1033 that governs “crimes by or affecting individuals engaged within the enterprise of insurance coverage whose actions have an effect on interstate commerce.”

This regulation declares that it’s a federal offense for somebody who’s been convicted of a felony felony consisting of dishonesty or a breach of belief to conduct insurance-related enterprise with out the written consent of their resident state’s insurance coverage regulator. Thus, to get permission to work in insurance coverage, somebody with this type of felony historical past (theoretically) wants a 1033 waiver from their resident state’s insurance coverage commissioner (and infrequently from their nonresident license states as nicely).

It sounds easy, not less than till you begin asking which crimes particularly contain dishonesty and breaches of belief (there’s no official, complete record). And it turns into even murkier once you take a look at how every state interprets and enforces this federal rule.

Only a few examples embrace:

  • Florida: The state doesn’t grant 1033 consents. Subsequently, somebody with a felony historical past involving dishonesty or breach of belief can’t maintain a Florida insurance coverage license, interval.
  • Alabama: The state has a proprietary kind on which a producer should report any and all new felony expenses and convictions. Utilizing this manner, Alabama decides whether or not the producer wants to use for a 1033 consent, and whether or not or to not grant one.
  • Alaska: This state appears to depart the judgment name to the producer as as to whether their crime qualifies as one which wants a 1033 consent. For those who suppose you want one, you need to apply for one. For those who don’t suppose you want one and proceed promoting insurance coverage, and the state has a unique opinion about your conviction, you’re going to be in sizzling water!

With the understanding that, particularly for felonies associated to dishonesty and breaches of belief, there’s this complete different can of worms, what about different expenses and convictions? For the needs of this text, we’ll summarize our findings of every state’s stance on what an insurance coverage license holder is required to do if – after already holding an insurance coverage license – they get charged with or convicted of a brand new crime*.

*Keep in mind, we’re speaking about crimes that don’t fall beneath the necessity for a 1033 waiver. Nonetheless, you’ll see loads of mentions of the 1033 waiver as a result of, typically, the state desires all the knowledge earlier than figuring out if one is required.

After which there’s the Producer Licensing Mannequin Act

Earlier than we dive into how every state offers with producers reporting new felony exercise of their backgrounds, it’s additionally related to notice that the Nationwide Affiliation of Insurance coverage Commissioners (NAIC) offers with this in its Producer Licensing Mannequin Act (PLMA). Whereas that is mannequin laws, and never a regulation, many states use it – or not less than base their very own legal guidelines on the NAIC’s mannequin.

In response to Part 17 of the PLMA, a producer should report any new felony and administrative actions taken towards them by any state, jurisdiction, or governmental company inside 30 days. Whereas every state might interpret or implement this in its personal approach, many states base their felony historical past reporting procedures on the mannequin laws.

One factor that doesn’t change state to state is the requirement to report inside 30 days. For those who take nothing else away from this text, know that you simply’re higher off reporting any new expenses, convictions, or administrative actions to your resident and nonresident license states as quickly as attainable. Every state permits the producer to offer context surrounding the fees or convictions for consideration. Few states have exhausting and quick guidelines that instantly disqualify a producer.

Bounce to a state

With 50 states plus the District of Columbia to cowl, we’ve divided this subject right into a collection. This text covers Alabama by Georgia, and you’ll click on the state beneath to leap on to it. Be careful for extra states coming quickly!

Alabama | Alaska | Arizona | Arkansas | California | Colorado | | Connecticut | Delaware | Florida | Georgia

The way to renew my Alabama insurance coverage license after a felony conviction

In response to the Alabama Division of Insurance coverage, “Conviction of any felony could be a floor for denial, non-renewal, suspension, or revocation of a license.”

In order that the Alabama Insurance coverage Commissioner can decide whether or not to grant or renew an insurance coverage license, anybody with a felony cost or conviction has to finish the state’s “Felony Historical past Disclosure Type.” The insurance coverage commissioner then makes use of the detailed data collected on this kind to determine whether or not to “grant, renew, or permit retention of a license; to determine whether or not written consent beneath 18 U.S.C. § 1033 is required; and to determine whether or not to grant written consent for functions of 18 U.S.C. § 1033, if required.”

When to finish the Felony Historical past Disclosure kind

Alabama requires the insurance coverage license holder to report any new arrests, expenses, convictions, administrative actions (and different adjustments in authorized standing, all of which will be present in Ala. Admin. Code r. 482-1-054-.03) inside 30 days. This contains any of the aforementioned occasions whether or not they occurred within the state of Alabama, or elsewhere.

What about misdemeanors in Alabama?

The Alabama legal guidelines are fairly particular: Having a felony conviction could be a disqualifying issue for working in insurance coverage, whereas misdemeanors aren’t (essentially). You continue to should report misdemeanor expenses and convictions, together with authorized troubles categorised as administrative actions, nevertheless it seems much less seemingly you’ll be denied an insurance coverage license renewal due to them.

What about nonresident producers searching for to resume their Alabama license after a conviction?

Alabama’s tackle that is all about reciprocity. For those who’ve acquired a 1033 waiver out of your resident state, or in case your resident state has decided that no 1033 waiver is required so that you can maintain working in insurance coverage, then Alabama will typically honor that call so long as your state additionally has a coverage of reciprocating Alabama’s determinations on this matter with regards to its resident producers within the different state.

It gained’t shock you, although, that you simply nonetheless want to finish Alabama’s Felony Historical past Disclosure kind to start out the method of reciprocity in your resident state’s 1033 waiver or its willpower that none is required.

The way to renew my Alaska insurance coverage license after a felony conviction

In response to Alaska’s Division of Insurance coverage, “If in case you have a misdemeanor, felony or different felony offense in your file, qualifying for a license shall be decided on a case-by-case foundation.” Assuming you already had your Alaska insurance coverage license when the brand new cost or conviction occurred, you’re required to report it inside 30 days of it being filed. For administrative actions, Alaska says you’re required to report it “inside 30 days of the ultimate disposition of the motion” and reporting will be through mail, e mail, or importing to the NIPR Attachments Warehouse – Reporting of Actions. Electronic mail correspondence from the Alaska DOI additionally clarifies that the state requires army convictions to be reported similar to felony and civil convictions.

To meet Alaska’s reporting necessities, use the net NIPR Attachments Warehouse – Reporting of Actions. The state additionally imposes late charges if a licensed agent stories a felony cost, conviction, or administrative motion past 30 days of its submitting. These charges vary from $50 for the primary 60 days (after the deadline) to $200 for stories submitted greater than 120 days after the deadline.

What about misdemeanors in Alaska?

Alaska requires licensed insurance coverage brokers to report all crimes (each expenses and convictions), together with misdemeanors, aside from a couple of particular kinds of misdemeanors.

In Alaska, you shouldn’t have to report:

  • Misdemeanor site visitors citations
  • Misdemeanor driving beneath the affect (DUI) or driving whereas intoxicated (DWI) offenses
  • Driving and not using a license, reckless driving, or driving with a suspended or revoked license
  • Misdemeanor offenses adjudicated in a juvenile court docket

Supply: https://www.commerce.alaska.gov/net/ins/Producers/CriminalOffense.aspx

What about nonresident producers searching for to resume their Alaska license after a conviction?

Nonresident producers who want a 1033 waiver should submit a duplicate of their signed waiver from their resident state to Alaska, though the state nonetheless reserves the best to make its personal willpower on whether or not to grant it.

For all different crimes that don’t fall beneath needing a 1033 waiver, Alaska desires nonresident producers to comply with the identical process as resident producers, and the state will make an unbiased resolution about whether or not to permit somebody to maintain their nonresident license.

One remaining be aware on insurance coverage licensing and felony convictions in Alaska

In Alaska, an insurance coverage producer with a felony historical past isn’t the one one who can get into bother. With particular regard to these particular kinds of crimes that contain dishonesty or breach of belief (the kind requiring a 1033 waiver), Alaska says:

Any individual permitting a person with a felony conviction involving dishonesty or breach of belief to work in any capability in an insurance coverage entity, previous to acquiring consent, is in violation of federal and state regulation and topic to administrative motion and federal and felony sanctions

Supply: 18 U.S.C. § 1033, 18 U.S.C. § 1034, AS 21.36.355

The way to renew my Arizona insurance coverage license after a felony conviction

Arizona doesn’t have complete on-line documentation for the way a producer ought to go about reporting new felony background data. Nonetheless, in response to correspondence with the Arizona Division of Insurance coverage and Monetary Establishments Insurance coverage Licensing Part, Arizona’s procedures are in keeping with the NAIC’s PLMA for reporting new felony actions.

This implies Arizona requires all producers, each resident and nonresident, to “report back to the commissioner any felony prosecution of the producer taken in any jurisdiction,” inside 30 days. Arizona doesn’t require this data in a selected format; paperwork simply should be uploaded to the NIPR Attachments Warehouse – Reporting of Actions. The data a producer should submit contains the preliminary charging doc and different related listening to paperwork.

What about misdemeanors in Arizona?

Arizona requires producers to submit the identical data whatever the classification of the crime. Producers with an Arizona insurance coverage license ought to assume this is applicable to felonies, misdemeanors, and administrative actions alike.

What about nonresident producers searching for to resume their Arizona license after a conviction?

Arizona treats nonresident producers precisely like resident producers on this respect. For those who’ve bought a nonresident Arizona license, comply with the identical procedures to report your new expenses or convictions inside 30 days by importing paperwork to the NIPR Attachments Warehouse – Reporting of Actions.

The way to renew my Arkansas insurance coverage license after a felony conviction

The Arkansas Insurance coverage Division follows Part 17 of the NAIC’s PLMA for reporting new felony actions. The state’s model, present in Arkansas Code Part 23-64-517(b) requires all producers, each resident and nonresident, to “report back to the commissioner any felony prosecution of the producer taken in any jurisdiction,” inside 30 days.

Arkansas doesn’t require this data in a selected format; paperwork simply should be uploaded to the NIPR Attachments Warehouse – Reporting of Actions. The data a producer should submit contains the preliminary charging doc and different related listening to paperwork.

Particularly, the Arkansas Division of Insurance coverage advises producers to verify they add:

For misdemeanors:

  • A press release relating to the occasions that led to the cost
  • The decision doc that exhibits all stipulations of the court docket have been met (these are normally fines)

For felonies:

  • A press release relating to the occasions that led to the cost
  • Charging paperwork akin to an indictment from the prosecutor
  • Sentencing order (be aware: if adjudication hasn’t been accomplished, you gained’t have this)
  • The decision doc that exhibits all stipulations of the court docket have been met (be aware: if adjudication hasn’t been accomplished, you gained’t have this)

Lastly, the Arkansas DOI means that any producer trying to report a brand new felony background by importing to the NIPR Attachments Warehouse – Reporting of Actions must also e mail insurance [email protected] to allow them to know you’ve uploaded them.

What about misdemeanors in Arkansas?

Arkansas’s guidelines apply to all crimes, together with misdemeanors and felonies. Everybody ought to comply with the procedures outlined within the earlier part, and Arkansas didn’t be aware any exceptions to kinds of crimes that should be reported.

What about nonresident producers searching for to resume their Arkansas license after a conviction?

Arkansas’s guidelines apply to resident and nonresident producers alike. Going by this course of in a single’s resident state doesn’t excuse a producer from following Arkansas’s course of as nicely. Within the case of against the law that triggers the necessity for a 1033 waiver, the producer might want to get this from their resident state first, then present it to Arkansas for consideration.

The way to renew my California insurance coverage license after a felony conviction

In response to California Insurance coverage Code Part 1729.2, an insurance coverage producer who has a change of their background should report the change inside 30 days utilizing California’s Background Data Change Disclosure Type.

There are further kinds relying on whether or not the individual finishing it’s a person, a enterprise entity, director or officer of a enterprise entity, or different function. Learn extra particulars right here.

What’s thought of a background data change in California?

California classifies a variety of circumstances as adjustments in background data, all of which it requires somebody to report back to the Division of Insurance coverage.

Background data to be reported inside 30 days contains any of the next:

  • A misdemeanor or felony conviction;
  • A submitting of felony felony expenses in state or federal court docket;
  • An administrative motion relating to an expert or occupational license;
  • Discharge or try to discharge in a private or organizational chapter continuing, an obligation relating to any insurance coverage premiums or fiduciary funds owed to any firm, together with a managing basic agent or premium finance firm; and
  • Any admission, or judicial discovering or willpower, of fraud, misappropriation or conversion of funds, misrepresentation, or breach of fiduciary responsibility.

Supply: https://www.insurance coverage.ca.gov/0200-industry/0200-prod-licensing/0100-applicant-info/0500-background-change/0100-ab2557-overview/background-disclosure-form.cfm

What about misdemeanors in California?

California maintains that it considers every individual’s background on a case-by-case foundation and there aren’t any exhausting and quick guidelines about who’ll be granted a license renewal and who gained’t. With that in thoughts, California does require producers to report new misdemeanor convictions (be aware: the state doesn’t require you to report misdemeanor expenses, whereas it does require you to report felony expenses).

What about nonresident producers searching for to resume their California license after a conviction?

California regulation states “any and all resident and nonresident producer licensees and candidates who intend to transact within the enterprise of insurance coverage” in addition to “unlicensed officers, administrators, and controlling individuals” are required to make use of the Background Data Change Disclosure Type to report adjustments in background inside 30 days.

For those who’re a producer with a nonresident California license, and also you’ve been charged with or convicted of one of many crimes that warrants a 1033 waiver, you might want to present California with the written consent of your resident state earlier than attempting to get the identical from California. California does warning, nevertheless, that it doesn’t mechanically reciprocate the 1033 waiver out of your resident state.

One remaining be aware on insurance coverage licensing and felony convictions in California

In California, an insurance coverage producer with a felony historical past isn’t the one one who can get into bother. With regards particularly to these particular kinds of crimes that contain dishonesty or breach of belief (the kind requiring a 1033 waiver), California says:

Additional, it’s a felony offense for any individual to willfully make use of, or willfully allow, such “prohibited individuals” to take part within the enterprise of insurance coverage with out the required written consent. A “Prohibited Individual” could also be an officer, director or worker of an insurance coverage company or an insurance coverage firm, an agent, solicitor, dealer, advisor, third celebration administrator, managing basic agent, or subcontractor representing an insurance coverage company or insurance coverage firm who engages in or transacts the enterprise of insurance coverage.

Supply: https://www.insurance coverage.ca.gov/0200-industry/0200-prod-licensing/0100-applicant-info/0600-1033-application/index.cfm

The way to renew my Colorado insurance coverage license after a felony conviction

In response to Colorado regulation, CO Code § 10-2-801 (2022), “The commissioner might place an insurance coverage producer on probation; droop, revoke, or refuse to subject, proceed, or renew an insurance coverage producer license; order restitution to be paid from an insurance coverage producer; or assess a civil penalty” for quite a lot of causes. A number of of those causes embrace being convicted of a misdemeanor or felony “involving ethical turptidude,” together with administrative actions and convictions for insurance coverage fraud.

Like different states, Colorado permits 30 days for a licensed producer to report new felony historical past. Particularly:

“Inside thirty days after the preliminary pretrial listening to date, a producer or enterprise entity shall report back to the commissioner any felony prosecution of the producer in any jurisdiction. The report shall embrace a duplicate of the preliminary grievance, the order ensuing from the listening to, and every other related authorized paperwork”

Supply: https://regulation.justia.com/codes/colorado/2022/title-10/article-2/part-8/section-10-2-801/

Colorado doesn’t specify how a producer is meant to report these things, nevertheless it could be a secure wager to add them to the NIPR Attachments Warehouse – Reporting of Actions.

What about misdemeanors in Colorado?

Colorado’s regulation requires producers to report “any felony prosecution of the producer in any jurisdiction,” which logically contains misdemeanors. It could not embrace site visitors citations, or different violations that aren’t thought of felony prosecution; nevertheless, with out clear route from the Colorado DOI, we are able to’t say for positive.

What about nonresident producers searching for to resume their Colorado license after a conviction?

Colorado’s regulation makes no distinction between resident and nonresident producers with regards to reporting felony expenses and convictions. On condition that the state requires reporting felony prosecutions in any jurisdiction, we imagine nonresident producers must report back to Colorado any felony expenses and convictions that happen in any state.

Getting your Colorado insurance coverage license again if it’s revoked

Colorado could be very express in its regulation that the insurance coverage commissioner might revoke a producer’s license for numerous causes involving unhealthy conduct (not simply felony convictions). It additionally permits for a producer to voluntarily give up their license in the event that they’re on this scenario and need to keep away from license revocation and different disciplinary actions. The regulation can be clear that after this occurs, whether or not revoked or voluntarily surrendered, the producer isn’t eligible to use for a brand new Colorado insurance coverage license for 2 years following its revocation or give up.

The way to renew my Connecticut insurance coverage license after a felony conviction

The Connecticut Insurance coverage Division follows Part 17 of the NAIC’s PLMA for reporting new felony actions. The state’s model, present in Sec. 38a-702o. reads:

  • A producer shall report back to the commissioner any administrative motion taken towards the producer in one other jurisdiction or by one other governmental company on this state not later than thirty days after the ultimate disposition of the matter. The report shall embrace a duplicate of the order, consent to order or different related authorized paperwork.
  • Not later than thirty days after the preliminary pretrial listening to date, a producer shall report back to the commissioner any felony prosecution taken towards the producer in any jurisdiction. The report shall embrace a duplicate of the preliminary grievance filed, the order ensuing from the listening to and every other related authorized paperwork.

Supply: https://www.cga.ct.gov/present/pub/chap_701a.htm#sec_38a-702o

What about misdemeanors in Connecticut?

Connecticut’s regulation states a producer has to report “any felony prosecution…in any jurisdiction.” We take this to incorporate misdemeanors, though they aren’t particularly named. Whereas the umbrella time period “felony prosecution” might not embrace site visitors violations, civil expenses and convictions, or different issues, with out clear route from Connecticut we might err on the aspect of warning and report any new felony background to the state inside 30 days.

What about nonresident producers searching for to resume their Connecticut license after a conviction?

Connecticut regulation makes no distinction between resident and nonresident producers. With out this specification, we assume resident and nonresident producers alike should comply with the Connecticut reporting necessities outlined in its regulation.

The way to renew my Delaware insurance coverage license after a felony conviction

Delaware regulation – as present in 18 DE Code § 1719 (2022) – requires licensed producers to report “any felony prosecution of the licensee taken in any jurisdiction,” “any administrative motion taken towards the licensee in one other jurisdiction or by one other governmental company,” and in response to e mail correspondence from the Delaware Division of Insurance coverage, this contains site visitors violations, misdemeanors, and even little one assist actions.

The Delaware DOI requests {that a} producer add all data to the NIPR Attachments Warehouse – Reporting of Actions inside 30 days, together with court docket paperwork, statements, police stories, and every other pertinent data. A producer who doesn’t report these things inside 30 days dangers their license being suspended or revoked, even when that won’t have been the choice of the DOI after reviewing the stories.

What about misdemeanors in Delaware?

Delaware desires producers to report all new expenses and convictions inside 30 days. There isn’t an exception for site visitors violations or misdemeanors.

What about nonresident producers searching for to resume their Delaware license after a conviction?

Producers with a nonresident Delaware license ought to comply with the identical procedures as resident producers. Within the case {that a} nonresident producer has already acquired approval from their resident state to proceed holding their insurance coverage license, they will add this to Delaware and the state’s market conduct division will make a willpower. Whereas Delaware doesn’t declare reciprocity with one other state’s selections, the producer’s license standing with their resident state will issue into the consideration.

The way to renew my Florida insurance coverage license after a felony conviction

Florida has an in depth set of legal guidelines referring to insurance coverage producers with any type of felony historical past and a whole webpage dedicated to spelling out the specifics. For producers who’re already licensed when new felony expenses happen, the Florida Division of Insurance coverage will “instantly briefly droop a license or appointment when the licensee is charged with a felony enumerated in s. 626.207” – that’s, one of many crimes that comes with an automated disqualification interval that we’ll get into beneath.

In response to MyFloridaCFO, some crimes lead to a everlasting ban on a producer’s potential to carry an insurance coverage license, whereas others lead to a seven-year or 15-year disqualification interval. For these crimes that aren’t trigger for a everlasting ban, somebody can apply (or reapply) for a Florida insurance coverage license on the finish of the disqualification interval, although the state reserves the best to disclaim the appliance.

In Florida, being convicted of the next crimes (though this isn’t a complete record) means you may by no means once more maintain an insurance coverage license:

  • Any capital felony
  • Any felony straight associated to monetary companies enterprise
  • Any first-degree felony
  • Counterfeiting monetary companies devices
  • Embezzlement
  • False statements relating to monetary companies transactions
  • Cash laundering
  • Sale of unregistered securities

The next crimes (which is probably not a whole record) will get an insurance coverage producer a 15-year disqualification, and that interval begins “upon the applicant’s remaining launch from supervision or upon completion of the applicant’s felony sentence, together with cost of fines, restitution, and court docket prices for the crime for which the disqualifying interval applies.”

  • Abuse of an aged individual
  • Aggravated assault
  • Aggravated battery
  • Aggravated fleeing and eluding (excessive pace or demonstrating wanton disregard)
  • Aggravated stalking
  • Arson
  • Battery on regulation enforcement officer involving intentional bodily harm
  • Bomb risk or putting a bomb
  • Breaking and coming into
  • Bribery
  • Housebreaking (relying on circumstances) or housebreaking of an occupied dwelling
  • Baby abuse
  • Baby molestation
  • Counterfeiting non-financial companies devices)
  • Dealing in stolen property
  • Escape
  • Extortion
  • False assertion (non-financial companies transactions)
  • Felony battery strangulation
  • Forgery
  • Fraud (not associated to monetary companies enterprise)
  • Grand larceny
  • Grand theft
  • Introduction of contraband right into a detention facility (sure circumstances)
  • Kidnapping
  • Leaving the scene of an accident with accidents
  • Manslaughter
  • Homicide
  • Passing nugatory financial institution examine (greater than $500)
  • Perjury
  • Possession of medicine with intent to promote/ship/and many others.
  • Rape
  • Receiving stolen property
  • Resisting arrest or resisting an officer with violence
  • Theft
  • Sexual battery/sodomy
  • Tampering with proof
  • Tax evasion
  • Theft/larceny
  • Transmission of wagering data in interstate and international commerce
  • Use or possession of ID of one other individual with out consent
  • Vehicular murder

Lastly, the next crimes (once more, Florida caveats, this isn’t a whole record) will get an insurance coverage producer a seven-year disqualification, and that interval begins “upon the applicant’s remaining launch from supervision or upon completion of the applicant’s felony sentence, together with cost of fines, restitution, and court docket prices for the crime for which the disqualifying interval applies.”

  • Battery on regulation enforcement officer (not involving intentional bodily harm)
  • Housebreaking (relying on circumstances)
  • Carrying a hid weapon
  • Baby neglect
  • Felony mischief
  • Home violence
  • Driving beneath affect/driving whereas intoxicated
  • Driving whereas license suspended/revoked
  • Felony battery
  • Fleeing and eluding (lights and sirens)
  • Introduction of contraband right into a detention facility (sure circumstances)
  • Passing a nugatory financial institution examine of $500 or much less
  • Possession of medicine
  • Possession of firearm by ex-felon
  • Resisting arrest or resisting an officer with out violence
  • Sale of fireworks
  • Solicitation of prostitution
  • Trespassing

What about misdemeanors in Florida?

Florida regulation requires an insurance coverage producer to report in writing to the state inside 30 days “after pleading responsible or nolo contendere to, or being convicted or discovered responsible of, any felony or against the law punishable by imprisonment of 1 yr or extra beneath the regulation of america or of any state thereof, or beneath the regulation of every other nation with out regard as to whether a judgment of conviction has been entered by the court docket having jurisdiction of the case.”

The above description might embrace some extra severe misdemeanors, however seems to say that in the event you’re convicted of against the law that’s not punishable by a yr or extra in jail, you aren’t required to report it to the state.

For sure misdemeanors, nevertheless, Florida could be very particular. The state imposes a seven-year disqualification interval on anybody convicted of a misdemeanor “straight associated to the monetary companies enterprise or any misdemeanor straight associated to any violation of the Florida Insurance coverage Code.”

What about nonresident producers searching for to resume their Florida license after a conviction?

Florida’s legal guidelines are clear about needing to report crimes to the state no matter what jurisdiction they occurred in. It seems as if Florida will implement its guidelines and never grant nonresident licenses primarily based on them no matter whether or not a producer can nonetheless acquire a license of their resident state.

The way to renew my Georgia insurance coverage license after a felony conviction

In response to Georgia Code § 33-23-21 (2022), a licensed producer should “report back to the Commissioner any felony prosecution of the applicant or licensee taken in any jurisdiction. The report shall embrace a duplicate of the preliminary grievance filed, the order ensuing from any listening to that has taken place, and every other related authorized paperwork. Such report have to be filed with the appliance or inside 30 days of the date of arrest.” Failing to take action will lead to suspension or revocation of your Georgia insurance coverage license, so reporting any new felony expenses by importing paperwork to Georgia’s Producer and Company Portal is step one.

Other than that preliminary reporting requirement, Georgia regulation additionally says that it’s going to revoke a producer’s license if they’ve “been convicted of any felony or of any crime involving ethical turpitude within the courts of this state or every other state, territory, or nation or within the courts of america.” This wording gives the look that Georgia doesn’t grant 1033 waivers for producers convicted of these crimes who need to maintain their licenses.

Georgia clarifies that the licensee shall be handled as if the crime have been a felony, even when it was dedicated in one other state by which it’s not a felony, if Georgia regulation considers it such. The regulation additionally specifies that an insurance coverage producer gained’t escape license revocation even when they’re handled by the courts as a “first offender,” which can embrace their sentence being lighter, suspended (probation solely), or dropped solely. In Georgia, in the event you do the crime (even in the event you don’t do the time), you’re nonetheless seemingly going to lose your insurance coverage license.

What about misdemeanors in Georgia?

Georgia regulation doesn’t distinguish between felonies, misdemeanors, or different kinds of felony expenses and convictions. It might be secure to imagine that the reporting necessities apply to each sort of crime, and since Georgia is so severe concerning the penalties for not reporting felony prosecution, you’re higher secure than sorry.

What about nonresident producers searching for to resume their Georgia license after a conviction?

Georgia regulation makes no distinction between resident and nonresident producers. With out this specification, we assume resident and nonresident producers alike should comply with the Georgia reporting necessities outlined in its regulation.

What to do you probably have new felony expenses or convictions

As we’ve made our approach by the primary 10 states on our record, one factor’s turn into clear. Each state requires insurance coverage producers to report new felony exercise to the insurance coverage commissioner or division of insurance coverage, and to take action inside 30 days. Past that, the specifics fluctuate.

Whether or not there’re exceptions to the kinds of crimes that should be reported, whether or not a producer must report expenses or solely convictions, and what the probabilities are you can maintain an energetic license after reporting any sort of felony conviction are among the many variables that every state determines for itself.

We hope this information has been useful, however the backside line is that in the event you’re an insurance coverage producer dealing with felony expenses or convictions, your greatest wager shall be to seek the advice of together with your lawyer and your state’s DOI on to ensure you fulfill any necessities. Doing nothing is assured to land you in additional bother than following the state’s reporting necessities.

To be taught extra concerning the nuances of state-by-state insurance coverage compliance, take a look at our free Compliance Library the place we’ve completed the analysis for you. For those who’re able to make compliance streamlined and automated at your insurance coverage company, service, MGA, or MGU, see how AgentSync will help.

Subsequent Up: Half 2 – Hawaii by Maryland

Subjects
California
Florida
Fraud
Georgia
Connecticut
Alabama
Colorado
Arkansas
Alaska
Arizona
Delaware

Leave a Reply

Your email address will not be published. Required fields are marked *