CHAPTER
Ins 1300 PRODUCERS AND ADJUSTERS
Statutory
Authority: RSA 400-A:11, I.; 400-A:15,
REVISION
NOTE:
Document
#8934, effective 8-1-07, made extensive changes to the wording, format, structure,
and numbering of rules in Chapter Ins 1300.
Document #8934 deleted the former Part Ins 1303 entitled “Fiduciary
Obligation of Agents and Brokers”, but Document #8935, also effective 8-1-07,
adopted Chapter Ins 4300 entitled “Fiduciary Obligation of Producers”
containing rules from the former Part Ins 1303.
See Chapter Ins 4300 for all subsequent filings in that area.
Documents
#8934 and #8935 supersede all prior filings for the former Chapter Ins
1300. The filings affecting the former
Chapter Ins 1300 include the following documents:
#1900,
eff 1-1-82
#4176,
eff 12-2-86
#4287,
eff 7-1-87
#4492,
eff 9-23-98
#5227,
eff 9-23-91
#5650,
eff 7-1-93
#7029,
eff 7-1-99, INTERIM
#7124,
eff 10-29-99
PART Ins 1301
CONTINUING EDUCATION GENERAL INFORMATION
Ins 1301.01 Purpose
and Applicability.
(a) The purpose of this rule is to provide
criteria and requirements for continuing education.
(b) This rule shall apply to all producers and to
all adjusters of:
(1) Life, accident and health insurance; and
(2) Property and casualty insurance, including
workers' compensation.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07
Ins
1301.02 Definitions.
(a) “Adjuster” means:
(1) A public adjuster licensed by the department
pursuant to RSA 402-D; and
(2) An insurance claims adjuster licensed by the
department pursuant to RSA 402-B.
(b)
“Commissioner” means the insurance commissioner of the state of
(c)
“Department” means the
(d)
“Insurance producer” means an individual licensed by the
(e)
“Insurer” means an insurance company licensed or authorized to do
business in the state of
(f) “Producer” means insurance producer.
(g)
“Self-study course” means a course that can be completed by self-study,
independent reading or online courses.
(h)
“Sponsoring organization” means the organization who is preparing and
presenting a continuing education program.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07
PART Ins 1302
CONTINUING EDUCATIONAL REQUIREMENTS FOR PRODUCERS AND ADJUSTERS
Ins 1302.01 Purpose. The purpose of this part shall be to
establish requirements and standards for continuing education programs for a
person licensed as a:
(a) Resident producer;
(b) Public adjuster; and
(c) Insurance claims adjuster.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07
Ins
1302.02 Applicability.
(a)
This part shall apply to producers
licensed in the following line(s) of insurance:
(1) Life insurance, including annuities;
(2) Variable contracts, including annuities;
(3) Sickness, accident and health insurance;
(4) All lines of property and casualty insurance;
and
(5)
All other lines of insurance for which
an examination is required for licensing.
(b)
This part shall apply to persons licensed as:
(1) A public adjuster; and
(2) An insurance claims adjuster.
(c) This part shall not apply to a person resident
in another state holding a producer license in this state and for which an
examination is not required by law or rule in their state of domicile, nor
shall it apply to persons engaged in the sale of physical damage only, motor
vehicle warranty, travel accident, home warranty or title insurance.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07
Ins 1302.03 Educational
Requirements For Producers.
(a)
Every resident producer seeking renewal of a license shall be required
to have satisfactorily completed courses or programs of instruction or attended seminars during the
preceding 24 months no later than 60 days prior to the required renewal date
equivalent to 24 continuing education hours of instruction that have been
previously approved by the commissioner.
(b) Certification shall be submitted to the
department by the administrator of the department's continuing education programs on behalf of the
applicant. However, each applicant shall
be responsible for submitting the certification documentation required to be
provided to them by Ins 1303.05 for inspection by the commissioner upon
request.
(c) The courses or programs of instructions
successfully completed with a passing grade deemed to meet the requirements for the biennial period
shall be:
(1) Any part of the Life Underwriter Training
Council Fellowship LUTCF Designation Program;
(2) Any part of the Chartered Life Underwriter
(CLU), Chartered Financial Consultant (ChFC), or Certified Financial Planner
(CFP) diploma curriculum;
(3) Completion of any part of the American
Institute for Property and Liability Underwriters diploma curriculum;
(4) Any part of the Certified Insurance Counselor
diploma program; or
(5) Any part of the Insurance Institute of
America diploma curriculum.
(d)
Programs or curricula for continuing education credit enumerated in Ins
1302.03 (c) shall be subject to the course evaluation criteria and accreditation as required in Ins 1303.02.
(e) Continuing education credits shall not be
given for any course that does not provide at least 50 minutes of classroom instruction for each continuing
education credit assigned unless such course is a self-study course as
determined by the continuing education council.
(f) Of the 24 continuing education hours required
in (a) above, at least 3 hours, but no more than 10 hours, shall consist of courses approved for ethics credit.
(g) Successful passage of the state producer licensing exam shall satisfy the
ensuing renewal.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff8-1-07
Ins 1302.04 Educational
Requirements for Insurance Claims Adjusters and Public Adjusters.
(a) Every insurance claims adjuster seeking
renewal of a license shall during the preceding 24 months satisfactorily complete courses or programs of
instruction or attend seminars equivalent to 20 continuing education hours of
instruction that have been approved by the commissioner.
(b) For insurance
claims adjusters adjusting workers' compensation claims, of the 20 hours
required in (a) above, 10 hours shall inform the licensee of the current
workers’ compensation laws of this state, and 10 hours shall be in any other
preapproved multi-line claims adjusters course of instruction.
(c) Every public adjuster seeking renewal of a
license shall during the preceding 24 months satisfactorily complete courses or
programs of instruction or attend seminars equivalent to 15 continuing
education hours of instruction that have been approved by the commissioner.
(d) Continuing
education credits shall not be given for any course which does not provide at
least 50 minutes of classroom instruction for each continuing education credit
assigned unless such course is a self-study course.
(e) Successful
passage of the state insurance claims adjuster licensing exam shall satisfy the
ensuing renewal.
(f) Successful
passage of the state public adjuster licensing exam shall satisfy the ensuing
renewal.
(g) Certifications
shall be submitted to the department by the administrator of the department's
continuing education programs on behalf of the applicant. However, each applicant shall be responsible
for submitting the certification documentation required to be provided to them
by Ins 1303.05 for inspection by the commissioner upon request.
(h) A nonresident insurance claims adjuster's or
public adjuster's satisfaction of their home state's continuing education
requirements for licensed insurance claims adjusters or public adjusters shall
constitute satisfaction of this state's continuing education requirements if
the nonresident insurance claims adjuster's or public adjuster's home state
recognizes the satisfaction of its continuing education requirements imposed
upon insurance claims adjusters or public adjusters from this state on the same
basis.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07
Ins 1302.05 Penalty. Any person failing to
meet the requirements imposed upon him by this rule and who has not been
granted an extension of time within which to comply pursuant to Ins 1302.04 (g)
hereof shall be subject to the provisions of RSA 400-A:15, and no further
license shall be issued to such person for any kind or kinds of insurance until
such time as such person shall have demonstrated that he has complied with all
the requirements of this part and all other laws applicable thereto.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff8-1-07
PART Ins 1303
CONTINUING EDUCATION COUNCILS, COURSES AND APROVALS
Ins 1303.01 Purpose
and Applicability.
(a) The purpose
of this part shall be to establish criteria and membership for the continuing
education advisory councils, continuing education courses and course approvals.
(b) This part shall be applicable to the:
(1) Continuing education advisory councils;
(2) Course sponsoring organizations; and
(3) Students.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07
Ins
1303.02 Continuing Education Advisory
Councils.
(a) There shall be hereby established 2
continuing education advisory councils, as follows:
(1) One continuing education advisory council
shall be for producers. This council
shall be known as the “producers' council”.
(2) The second continuing education advisory
council shall be for licensed claims adjusters and public adjusters. This council shall be known as the
“adjusters' council”.
(b) The
producer's council shall consist of:
(1) Three members representing the National
Association of Insurance and Financial Advisors of New Hampshire;
(2) Three members representing the Independent
Insurance Agents of New Hampshire;
(3) Three members representing the Professional
Insurance Agents of New Hampshire; and
(4) Three members representing producers for
direct writers.
(c) The adjusters council shall consist of a
minimum of 6 members, with at least one member representing public adjusters.
(d) All council
members shall be appointed by the commissioner and shall serve for a 2 year
term. The terms of the current members
shall continue until the expiration of their respective terms.
(e) The councils
shall meet at least once a year and additionally as required.
(f) The councils shall advise the commissioner on the plans and operation of
the continuing education programs established by this part.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07
Ins 1303.03 Criteria.
(a) The continuing education advisory councils
shall review and evaluate courses submitted for continuing education credit hours and recommend
to the commissioner an appropriate number of continuing education hours for
each course submitted. The commissioner
shall then assign to each course the number of continuing education credit
hours. In order to secure review and
evaluation of the course by the continuing education advisory councils
submission shall be made at least 45 days prior to commencement of the program.
(b) The course review and evaluation by the
continuing education advisory council(s) shall result in a recommendation for approval by the commissioner of an
appropriate number of continuing education hours for each complete course
submission made, provided the following criteria are met:
(1) A clear and concise statement of purpose,
goals and objectives;
(2) The level of knowledge the participant should
obtain upon completion;
(3) Program relevancy;
(4) Contribution to the professional competence
of the participant;
(5) Maintenance of records of attendance and
successful completion of their program; and
(6) The program’s attempt to assess its
effectiveness in accomplishing its purpose, goals and objectives.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07
Ins 1303.04 Compliance.
(a) The sponsoring organization shall maintain
records of all continuing education hours obtained through the sponsoring organization's programs for
6 years.
(b) Every sponsoring organization shall, on
behalf of the successful student, furnish to the administrator of the department's continuing education
program written certification as to the courses, programs, or seminars of
instruction taken and successfully completed by such person. Such certification shall be executed by or on
behalf of the sponsoring organization.
(c) The sponsor
shall offer only those courses and curricula that have received properly
pre-approved designation pursuant to this part.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff8-1-07
Ins 1303.05 Course Approval.
(a) A sponsoring organization applying for
continuing education course approval shall submit a course application
containing the following:
(1) Name of sponsoring organization;
(2) Title of course;
(3) Course objective;
(4) Major course topic;
(5) Course length;
(6) States that have approved the course;
(7) Type of course;
(8) Teaching method;
(9) Method of evaluation;
(10) Method to verify attendance;
(11) Description of permanent records; and
(12) Name of contact person.
(b) No continuing education course or program for
continuing education credit shall be conducted until the course or program has
been approved by the commissioner.
(c) No course completion certificate shall be
issued until the sponsor has complied with all provisions of Ins 1303.02 and
Ins 1303.04 (a) and (b).
(d) Any sponsor who fails to meet the
requirements of this section or fails to comply with these rules shall not have
their courses approved and no further accreditation shall be issued to such
sponsor for any course or program until such time as such sponsor shall have demonstrated
compliance with all the requirements of these rules and all other laws
applicable thereto.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07
Ins 1303.06 Course
Completion Certificate. Each
sponsoring organization shall provide to each student a course completion
certificate for each course receiving continuing education credit containing
the following:
(a) Sponsoring organization;
(b) Course number;
(c) Course title;
(d) Date of
course;
(e) Total continuing
education hours;
(f) Name of
student; and
(g) Certification
by sponsoring organization.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07
Ins 1303.07 Continuing
Education Course List.
(a) It shall be the responsibility of the student
to ascertain the approved status of a course or program being offered.
(b) Credit shall not be given to any student who completes
an unapproved course or program.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07
PART Ins 1304
ONE TIME FLOOD INSURANCE TRAINING REQUIREMENT
Ins 1304.01 Purpose.
The purpose of this
part is to establish requirements for flood insurance education training for a
resident individual person licensed as a producer with property
and
casualty line of authority with an effective date on or after January 1, 2008.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07
Ins 1304.02 Applicability.
This part shall apply
to all licensed resident individual producers with property and casualty line
of authority whether or not they have attempted to place, have placed, or
intend to place flood insurance through the National Flood Insurance Program
(NFIP).
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07
Ins 1304.03 Educational
Requirements.
(a) Notwithstanding any other requirement in this
chapter, each individual producer who is issued a property and casualty line of
authority on or after January 1, 2008, and in accordance with RSA 402-J shall
complete a basic flood insurance course approved by the department pursuant to
Part Ins 1303.
(b) Courses satisfying this part shall be:
(1) Listed on the department's list of approved
continuing education courses; and
(2) Identified with the prefix “FEMA”.
(c) This educational requirement shall be
completed within one calendar year of the effective date of the property and
casualty line of authority.
(d) The producer, upon course completion, shall:
(1) Retain the completion certificate
indefinitely; and
(2) Produce the certificate for inspection at the
commissioner's request.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07
Ins 1304.04 Penalty.
A resident individual
producer failing to meet the requirements of this part shall be subject to the
penalty provisions of Ins 1302.05.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07
APPENDIX
Rule
|
Statute
|
|
|
|
|
Ins
1301.01 |
RSA
400-A:15, |
|
Ins
1301.02 |
RSA
400-A:15, |
|
|
|
|
Ins
1302.01 |
RSA
400-A:15, |
|
Ins
1302.02 |
RSA
400-A:15, |
|
Ins
1302.03 |
RSA
400-A:15, |
|
Ins
1302.04 |
RSA
400-A:15, |
|
Ins
1302.05 |
RSA
400-A:15, |
|
|
|
|
Ins
1303.01 |
RSA
400-A:15, |
|
Ins
1303.02 |
RSA
400-A:11; 400-A:15, |
|
Ins
1303.03 |
RSA
400-A:11; 400-A:15, |
|
Ins
1303.04 |
RSA
400-A:11; 400-A;15, |
|
Ins
1303.05 |
RSA
400-A:11, 400-A;15, |
|
Ins
1303.06 |
RSA
400-A;11; 400-A;15, |
|
Ins
1303.07 |
RSA
400-A:11; 400-A:15, |
|
|
|
|
Ins
1304.01 |
RSA
400-A:15, |
|
Ins
1304.02 |
RSA
400-A;15, |
|
Ins
1304.03 |
RSA
400-A;15, |
|
Ins
1304.04 |
RSA
400-A:15, |