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Insurance coverage licenses will be exhausting to get and preserve, even for these with probably 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 legal historical past?
Sarcastically, even going from having a legal report to not having one may cause an issue for insurance coverage licenseholders (see our coverage of Michigan’s Clean Slate law and the challenges of automated legal report expungement). Nevertheless, extra generally, somebody with an insurance coverage license could become involved within the legal justice system and have new costs 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 legal background to each state they’re licensed in. Each single state requires producers to tell them inside 30 days of latest costs, 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 keep in mind that this text isn’t an alternative to authorized recommendation! We’ll attempt, nonetheless, to briefly define what every state expects an insurance coverage licenseholder to do if they’ve a brand new legal report when it comes time to resume their license.
A federal legislation with state-by-state enforcement
At first look, you would possibly 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 legal historical past to report. That’s as a result of there’s truly a federal legislation 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 legislation declares that it’s a federal offense for somebody who’s been convicted of a legal 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 legal historical past (theoretically) wants a 1033 waiver from their resident state’s insurance coverage commissioner (and sometimes from their nonresident license states as properly).
It sounds simple, 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 if you take a look at how every state interprets and enforces this federal rule.
Just some examples embody:
- Florida: The state doesn’t grant 1033 consents. Subsequently, somebody with a legal historical past involving dishonesty or breach of belief can’t maintain a Florida insurance coverage license, interval.
- Alabama: The state has a proprietary type on which a producer should report any and all new legal costs and convictions. Utilizing this kind, 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 go away the judgment name to the producer as as to whether their crime qualifies as one which wants a 1033 consent. Should you suppose you want one, it’s a must to apply for one. Should you don’t suppose you want one and proceed promoting insurance coverage, and the state has a distinct 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 entire different can of worms, what about different costs 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*.
*Bear in mind, we’re speaking about crimes that don’t fall underneath the necessity for a 1033 waiver. Nevertheless, you’ll see loads of mentions of the 1033 waiver as a result of, typically, the state needs all the data 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 legal 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 Model Act (PLMA). Whereas that is mannequin laws, and never a legislation, many states use it – or not less than base their very own legal guidelines on the NAIC’s mannequin.
In line with Section 17 of the PLMA, a producer should report any new legal and administrative actions taken in opposition to them by any state, jurisdiction, or governmental company inside 30 days. Whereas every state could interpret or implement this in its personal approach, many states base their legal 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. Should you take nothing else away from this text, know that you just’re higher off reporting any new costs, convictions, or administrative actions to your resident and nonresident license states as quickly as potential. 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.
Soar to a state
With 50 states plus the District of Columbia to cowl, we’ve divided this matter right into a collection. This text covers Alabama by way of Georgia, and you’ll click on the state under to leap on to it. Be careful for extra states coming quickly!
Alabama | Alaska | Arizona | Arkansas | California | Colorado | | Connecticut | Delaware | Florida | Georgia
renew my Alabama insurance coverage license after a legal conviction
In line with the Alabama Department of Insurance, “Conviction of any felony is usually 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 legal cost or conviction has to finish the state’s “Criminal History Disclosure Form.” The insurance coverage commissioner then makes use of the detailed data collected on this type to resolve whether or not to “grant, renew, or enable retention of a license; to resolve whether or not written consent underneath 18 U.S.C. § 1033 is required; and to resolve whether or not to grant written consent for functions of 18 U.S.C. § 1033, if required.”
When to finish the Legal Historical past Disclosure type
Alabama requires the insurance coverage license holder to report any new arrests, costs, 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 consists of 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 is usually a disqualifying issue for working in insurance coverage, whereas misdemeanors aren’t (essentially). You continue to need to report misdemeanor costs and convictions, together with authorized troubles categorized as administrative actions, nevertheless it seems much less probably you’ll be denied an insurance coverage license renewal due to them.
What about nonresident producers in search of to resume their Alabama license after a conviction?
Alabama’s tackle that is all about reciprocity. Should you’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 preserve 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 on the subject of its resident producers within the different state.
It gained’t shock you, although, that you just nonetheless want to finish Alabama’s Legal Historical past Disclosure type to start out the method of reciprocity on your resident state’s 1033 waiver or its dedication that none is required.
renew my Alaska insurance coverage license after a legal conviction
In line with Alaska’s Division of Insurance, “In case you have a misdemeanor, felony or different legal offense in your report, 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. E mail correspondence from the Alaska DOI additionally clarifies that the state requires navy convictions to be reported identical to legal and civil convictions.
To satisfy Alaska’s reporting necessities, use the web NIPR Attachments Warehouse – Reporting of Actions. The state additionally imposes late charges if a licensed agent stories a legal 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 costs and convictions), together with misdemeanors, aside from a couple of particular forms of misdemeanors.
In Alaska, you would not have to report:
- Misdemeanor visitors citations
- Misdemeanor driving underneath the affect (DUI) or driving whereas intoxicated (DWI) offenses
- Driving with out a license, reckless driving, or driving with a suspended or revoked license
- Misdemeanor offenses adjudicated in a juvenile courtroom
Supply: https://www.commerce.alaska.gov/net/ins/Producers/CriminalOffense.aspx
What about nonresident producers in search of 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 precise to make its personal dedication on whether or not to grant it.
For all different crimes that don’t fall underneath needing a 1033 waiver, Alaska needs nonresident producers to observe 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 legal convictions in Alaska
In Alaska, an insurance coverage producer with a legal historical past isn’t the one one who can get into bother. With particular regard to these particular forms of crimes that contain dishonesty or breach of belief (the kind requiring a 1033 waiver), Alaska says:
Any particular person 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 legislation and topic to administrative motion and federal and legal sanctions
Supply: 18 U.S.C. § 1033, 18 U.S.C. § 1034, AS 21.36.355
renew my Arizona insurance coverage license after a legal conviction
Arizona doesn’t have complete on-line documentation for the way a producer ought to go about reporting new legal background data. Nevertheless, in response to correspondence with the Arizona Division of Insurance coverage and Monetary Establishments Insurance coverage Licensing Part, Arizona’s procedures are according to the NAIC’s PLMA for reporting new legal actions.
This implies Arizona requires all producers, each resident and nonresident, to “report back to the commissioner any legal prosecution of the producer taken in any jurisdiction,” inside 30 days. Arizona doesn’t require this data in a specific format; paperwork simply must be uploaded to the NIPR Attachments Warehouse – Reporting of Actions. The data a producer should submit consists of 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 in search of to resume their Arizona license after a conviction?
Arizona treats nonresident producers precisely like resident producers on this respect. Should you’ve bought a nonresident Arizona license, observe the identical procedures to report your new costs or convictions inside 30 days by importing paperwork to the NIPR Attachments Warehouse – Reporting of Actions.
renew my Arkansas insurance coverage license after a legal conviction
The Arkansas Insurance coverage Division follows Part 17 of the NAIC’s PLMA for reporting new legal 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 legal prosecution of the producer taken in any jurisdiction,” inside 30 days.
Arkansas doesn’t require this data in a specific format; paperwork simply must be uploaded to the NIPR Attachments Warehouse – Reporting of Actions. The data a producer should submit consists of the preliminary charging doc and different related listening to paperwork.
Particularly, the Arkansas Division of Insurance coverage advises producers to ensure they add:
For misdemeanors:
- A press release concerning the occasions that led to the cost
- The decision doc that exhibits all stipulations of the courtroom have been met (these are normally fines)
For felonies:
- A press release concerning the occasions that led to the cost
- Charging paperwork equivalent 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 courtroom have been met (be aware: if adjudication hasn’t been accomplished, you gained’t have this)
Lastly, the Arkansas DOI means that any producer making an attempt to report a brand new legal background by importing to the NIPR Attachments Warehouse – Reporting of Actions must also e mail [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 observe the procedures outlined within the earlier part, and Arkansas didn’t be aware any exceptions to forms of crimes that must be reported.
What about nonresident producers in search of to resume their Arkansas license after a conviction?
Arkansas’s guidelines apply to resident and nonresident producers alike. Going by way of this course of in a single’s resident state doesn’t excuse a producer from following Arkansas’s course of as properly. Within the case of a criminal offense 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.
renew my California insurance coverage license after a legal conviction
In line with 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 Information Change Disclosure Form.
There are further kinds relying on whether or not the particular person finishing it’s a person, a enterprise entity, director or officer of a enterprise entity, or different position. Read more details 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 consists of any of the next:
- A misdemeanor or felony conviction;
- A submitting of felony legal costs in state or federal courtroom;
- An administrative motion concerning an expert or occupational license;
- Discharge or try and discharge in a private or organizational chapter continuing, an obligation concerning any insurance coverage premiums or fiduciary funds owed to any firm, together with a managing normal agent or premium finance firm; and
- Any admission, or judicial discovering or dedication, of fraud, misappropriation or conversion of funds, misrepresentation, or breach of fiduciary obligation.
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 particular person’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 costs, whereas it does require you to report felony costs).
What about nonresident producers in search of to resume their California license after a conviction?
California law 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 Info Change Disclosure Kind to report adjustments in background inside 30 days.
Should you’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, that you must present California with the written consent of your resident state earlier than attempting to get the identical from California. California does warning, nonetheless, that it doesn’t routinely reciprocate the 1033 waiver out of your resident state.
One remaining be aware on insurance coverage licensing and legal convictions in California
In California, an insurance coverage producer with a legal historical past isn’t the one one who can get into bother. With regards particularly to these particular forms of crimes that contain dishonesty or breach of belief (the kind requiring a 1033 waiver), California says:
Additional, it’s a legal offense for any particular person 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 Particular person” could also be an officer, director or worker of an insurance coverage company or an insurance coverage firm, an agent, solicitor, dealer, marketing consultant, third occasion administrator, managing normal 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
renew my Colorado insurance coverage license after a legal conviction
In line with Colorado legislation, CO Code § 10-2-801 (2022), “The commissioner could place an insurance coverage producer on probation; droop, revoke, or refuse to problem, 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 embody 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 legal 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 legal prosecution of the producer in any jurisdiction. The report shall embody a duplicate of the preliminary criticism, the order ensuing from the listening to, and every other related authorized paperwork”
Supply: https://legislation.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 this stuff, nonetheless it will be a protected guess to add them to the NIPR Attachments Warehouse – Reporting of Actions.
What about misdemeanors in Colorado?
Colorado’s legislation requires producers to report “any legal prosecution of the producer in any jurisdiction,” which logically consists of misdemeanors. It could not embody visitors citations, or different violations that aren’t thought of legal prosecution; nonetheless, with out clear path from the Colorado DOI, we are able to’t say for certain.
What about nonresident producers in search of to resume their Colorado license after a conviction?
Colorado’s legislation makes no distinction between resident and nonresident producers on the subject of reporting legal costs and convictions. On condition that the state requires reporting legal prosecutions in any jurisdiction, we consider nonresident producers must report back to Colorado any legal costs and convictions that happen in any state.
Getting your Colorado insurance coverage license again if it’s revoked
Colorado could be very specific in its legislation that the insurance coverage commissioner could revoke a producer’s license for numerous causes involving unhealthy habits (not simply legal convictions). It additionally permits for a producer to voluntarily give up their license in the event that they’re on this scenario and wish to keep away from license revocation and different disciplinary actions. The legislation can be clear that when 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.
renew my Connecticut insurance coverage license after a legal conviction
The Connecticut Insurance coverage Division follows Part 17 of the NAIC’s PLMA for reporting new legal actions. The state’s model, found in Sec. 38a-702o. reads:
- A producer shall report back to the commissioner any administrative motion taken in opposition to 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 embody 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 legal prosecution taken in opposition to the producer in any jurisdiction. The report shall embody a duplicate of the preliminary criticism 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 legislation states a producer has to report “any legal prosecution…in any jurisdiction.” We take this to incorporate misdemeanors, regardless that they aren’t particularly named. Whereas the umbrella time period “legal prosecution” could not embody visitors violations, civil costs and convictions, or different issues, with out clear path from Connecticut we’d err on the aspect of warning and report any new legal background to the state inside 30 days.
What about nonresident producers in search of to resume their Connecticut license after a conviction?
Connecticut legislation makes no distinction between resident and nonresident producers. With out this specification, we assume resident and nonresident producers alike should observe the Connecticut reporting necessities outlined in its legislation.
renew my Delaware insurance coverage license after a legal conviction
Delaware legislation – as present in 18 DE Code § 1719 (2022) – requires licensed producers to report “any legal prosecution of the licensee taken in any jurisdiction,” “any administrative motion taken in opposition to 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 consists of visitors violations, misdemeanors, and even child support actions.
The Delaware DOI requests {that a} producer add all data to the NIPR Attachments Warehouse – Reporting of Actions inside 30 days, together with courtroom paperwork, statements, police stories, and every other pertinent data. A producer who doesn’t report this stuff 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 needs producers to report all new costs and convictions inside 30 days. There isn’t an exception for visitors violations or misdemeanors.
What about nonresident producers in search of to resume their Delaware license after a conviction?
Producers with a nonresident Delaware license ought to observe 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 dedication. 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.
renew my Florida insurance coverage license after a legal conviction
Florida has an in depth set of legal guidelines regarding insurance coverage producers with any kind of legal historical past and an entire webpage devoted to spelling out the specifics. For producers who’re already licensed when new legal costs happen, the Florida Division of Insurance coverage will “immediately temporarily suspend 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 under.
In line with MyFloridaCFO, some crimes lead to a everlasting ban on a producer’s skill 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 precise to disclaim the appliance.
In Florida, being convicted of the next crimes (though this isn’t a complete record) means you possibly can by no means once more maintain an insurance coverage license:
- Any capital felony
- Any felony immediately associated to monetary providers enterprise
- Any first-degree felony
- Counterfeiting monetary providers devices
- Embezzlement
- False statements concerning monetary providers 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 legal sentence, together with fee of fines, restitution, and courtroom prices for the crime for which the disqualifying interval applies.”
- Abuse of an aged particular person
- Aggravated assault
- Aggravated battery
- Aggravated fleeing and eluding (excessive velocity or demonstrating wanton disregard)
- Aggravated stalking
- Arson
- Battery on legislation enforcement officer involving intentional bodily harm
- Bomb menace or putting a bomb
- Breaking and getting into
- Bribery
- Housebreaking (relying on circumstances) or housebreaking of an occupied dwelling
- Baby abuse
- Baby molestation
- Counterfeiting non-financial providers devices)
- Dealing in stolen property
- Escape
- Extortion
- False assertion (non-financial providers transactions)
- Felony battery strangulation
- Forgery
- Fraud (not associated to monetary providers 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 verify (greater than $500)
- Perjury
- Possession of medicine with intent to promote/ship/and so on.
- 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 particular person 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 legal sentence, together with fee of fines, restitution, and courtroom prices for the crime for which the disqualifying interval applies.”
- Battery on legislation enforcement officer (not involving intentional bodily harm)
- Housebreaking (relying on circumstances)
- Carrying a hid weapon
- Baby neglect
- Legal mischief
- Home violence
- Driving underneath 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 verify 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 law 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 a criminal offense punishable by imprisonment of 1 12 months or extra underneath the legislation of america or of any state thereof, or underneath the legislation of every other nation with out regard as to whether a judgment of conviction has been entered by the courtroom having jurisdiction of the case.”
The above description could embody some extra critical misdemeanors, however seems to say that when you’re convicted of a criminal offense that’s not punishable by a 12 months or extra in jail, you aren’t required to report it to the state.
For sure misdemeanors, nonetheless, Florida could be very particular. The state imposes a seven-year disqualification interval on anybody convicted of a misdemeanor “directly related to the financial services business or any misdemeanor directly related to any violation of the Florida Insurance Code.”
What about nonresident producers in search of 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 receive a license of their resident state.
renew my Georgia insurance coverage license after a legal conviction
In line with Georgia Code § 33-23-21 (2022), a licensed producer should “report back to the Commissioner any legal prosecution of the applicant or licensee taken in any jurisdiction. The report shall embody a duplicate of the preliminary criticism filed, the order ensuing from any listening to that has taken place, and every other related authorized paperwork. Such report should 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 legal costs by importing paperwork to Georgia’s Producer and Company Portal is step one.
Except for that preliminary reporting requirement, Georgia legislation 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 wish to preserve 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 through which it’s not a felony, if Georgia legislation considers it such. The legislation 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 embody their sentence being lighter, suspended (probation solely), or dropped solely. In Georgia, when you do the crime (even when you don’t do the time), you’re nonetheless probably going to lose your insurance coverage license.
What about misdemeanors in Georgia?
Georgia legislation doesn’t distinguish between felonies, misdemeanors, or different forms of legal costs and convictions. It might be protected to imagine that the reporting necessities apply to each kind of crime, and since Georgia is so critical in regards to the penalties for not reporting legal prosecution, you’re higher protected than sorry.
What about nonresident producers in search of to resume their Georgia license after a conviction?
Georgia legislation makes no distinction between resident and nonresident producers. With out this specification, we assume resident and nonresident producers alike should observe the Georgia reporting necessities outlined in its legislation.
What to do if in case you have new legal costs or convictions
As we’ve made our approach by way of the primary 10 states on our record, one factor’s develop into clear. Each state requires insurance coverage producers to report new legal exercise to the insurance coverage commissioner or division of insurance coverage, and to take action inside 30 days. Past that, the specifics range.
Whether or not there’re exceptions to the forms of crimes that must be reported, whether or not a producer must report costs or solely convictions, and what the possibilities are that you could preserve an lively license after reporting any kind of legal 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 when you’re an insurance coverage producer going through legal costs or convictions, your greatest guess shall be to seek the advice of together with your lawyer and your state’s DOI on to be sure you fulfill any necessities. Doing nothing is assured to land you in additional bother than following the state’s reporting necessities.
To study extra in regards to the nuances of state-by-state insurance coverage compliance, try our free Compliance Library the place we’ve carried out the analysis for you. Should you’re able to make compliance streamlined and automated at your insurance coverage company, provider, MGA, or MGU, see how AgentSync can help.
Subsequent Up: Half 2 – Hawaii by way of Maryland
Matters
California
Florida
Fraud
Georgia
Connecticut
Alabama
Arkansas
Colorado
Alaska
Delaware
Arizona