TITLE XXXVII
INSURANCE
Chapter 402-J
PRODUCER LICENSING
Section 402-J:1
402-J:1 Purpose and Scope. –
I. This chapter governs the qualifications and procedures for the licensing of insurance producers. It simplifies and organizes some statutory language to improve efficiency and reduce costs associated with issuing and renewing insurance licenses.
II. This chapter applies to all persons required to be a licensed producer pursuant to the provisions of RSA 402:15; RSA 405:15; RSA 405:24; RSA 405:44-a; RSA 405:44-b; RSA 406-C:3; RSA 407-C:3; RSA 416-A:15; RSA 418:31; RSA 420-A:7; RSA 420-B:18; RSA 420-F:3; and New Hampshire code of administrative rules Ins 2501.03.
III. [Repealed.]
Source. 2000, 315:1. 2001, 95:1. 2005, 206:11. 2008, 18:1, II, eff. July 11, 2008. 2022, 144:6, eff. Jan. 1, 2023.
Section 402-J:2
402-J:2 Definitions. –
In this chapter:
I. "Business entity" means a corporation, association, partnership, limited liability company or partnership, or other legal entity.
II. "Commissioner" means the insurance commissioner of the state of New Hampshire.
III. "Home state" means the District of Columbia and any state or territory of the United States in which an insurance producer maintains his or her principal place of residence or principal place of business and is licensed to act as an insurance producer.
IV. "Insurance" means any of the lines of authority in RSA 401:1 and RSA 401:1-a.
V. "Insurance producer" means a person required to be licensed under the laws of this state to sell, solicit, or negotiate insurance.
VI. "License" means a document issued by the commissioner authorizing a person to act as an insurance producer for the lines of authority specified in the document. The license itself does not create any authority, actual, apparent, or inherent, in the holder to represent or commit an insurance carrier.
VII. "Limited line credit insurance" includes credit life, credit disability, credit property, credit unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage disability, guaranteed automobile protection gap insurance, and any other form of insurance offered in connection with an extension of credit that is limited to partially or wholly extinguishing that credit obligation that the commissioner determines should be designated a form of limited line credit insurance.
VIII. "Limited line credit insurance producer" means a person who sells, solicits or negotiates one or more forms of limited line credit insurance coverage to individuals through a master, corporate, group, or individual policy.
IX. "Limited lines insurance" means those lines of insurance that the commissioner deems necessary to recognize for the purpose of complying with RSA 402-J:8.
X. "Limited lines producer" means a person authorized by the commissioner to sell, solicit, or negotiate limited lines insurance.
XI. "Negotiate" means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms, or conditions of such contract, provided that the person engaged in that act either sells insurance, or obtains insurance from insurers for purchasers.
XII. "Person" means an individual or business entity.
XIII. "Sell" means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company.
XIV. "Solicit" means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company.
XV. "Terminate" means the cancellation of the relationship between an insurance producer and the insurer or the termination of a producer's authority to transact insurance.
XVI. "Uniform application" means the current version of the NAIC uniform application for resident and nonresident producer licensing.
XVII. "Uniform business entity application" means the current version of the NAIC uniform business entity application for resident and nonresident business entities.
Source. 2000, 315:1. 2001, 95:1, eff. Aug. 20, 2001.
Section 402-J:3
402-J:3 License Required. –
I. A person shall not sell, solicit, or negotiate insurance in this state for any class or classes of insurance unless the person is licensed for that line of authority in accordance with this chapter.
II. Any person who shall practice or attempt to practice as an insurance producer in this state without a license shall be guilty of a class A misdemeanor if a natural person, or guilty of a felony if any other person.
Source. 2000, 315:1. 2005, 206:6, eff. Jan. 1, 2006.
Section 402-J:4
402-J:4 Exceptions to Licensing. –
I. Nothing in this chapter shall be construed to require an insurer to obtain an insurance producer license. For the purposes of this section "insurer" does not include an insurer's officers, directors, employees, subsidiaries, or affiliates.
II. A license as an insurance producer shall not be required of the following:
(a) An officer, director, or employee of an insurer or of an insurance producer, provided that the officer, director, or employee does not receive any commission on policies written or sold to insure risks residing, located or to be performed in this state and:
(1) The officer, director, or employee's activities are executive, administrative, managerial, clerical, or a combination of these and are only indirectly related to the sale, solicitation, or negotiations of insurance;
(2) The officer, director, or employee's function relates to underwriting, loss control, inspection or the processing, adjusting, investigating, or settling of a claim on a contract of insurance; or
(3) The officer, director, or employee is acting in the capacity of a special agent or agency supervisor assisting insurance producers where the person's activities are limited to providing technical advice and assistance to licensed insurance producers and do not include the sale, solicitation, or negotiation of insurance.
(b) A person who secures and furnishes information for the purpose of group life insurance, group property and casualty insurance, group annuities, group or blanket accident and health insurance; or for the purpose of enrolling individuals under plans; issuing certificates under plans or otherwise assisting in administering plans or performs administrative services related to mass marketed property and casualty insurance; where no commission is paid to the person for the service.
(c) An employer or association or its officers, directors, employees, or the trustees of an employee trust plan, to the extent that the employers, officers, employees, director, or trustees are engaged in the administration or operation of a program of employee benefits for the employer's or association's own employees or the employees of its subsidiaries or affiliates, which program involves the use of insurance issued by an insurer, as long as the employers, associations, officers, directors, employees, or trustees are not in any manner compensated, directly or indirectly, by the company issuing the contracts.
(d) Employees of insurers or organizations employed by insurers who are engaging in the inspection, rating or classification of risks, or in the supervision of the training of insurance producers and who are not individually engaged in the sale, solicitation, or negotiation of insurance.
(e) A person whose activities in this state are limited to advertising without the intent to solicit insurance in this state through communications in printed publications or other forms of electronic mass media whose distribution is not limited to residents of the state, provided that the person does not sell, solicit, or negotiate insurance that would insure risks residing, located, or to be performed in this state.
(f) A person who is not a resident of this state who sells, solicits, or negotiates a contract of insurance for commercial property and casualty risks to an insured with risks located in more than one state insured under that contract, provided that that person is otherwise licensed as an insurance producer to sell, solicit, or negotiate that insurance in the state where the insured maintains its principal place of business and the contract of insurance insures risks located in that state.
(g) A salaried full-time employee who counsels or advises his or her employer relative to the insurance interests of the employer or of the subsidiaries or business affiliates of the employer provided that the employee does not sell or solicit insurance or receive a commission.
Source. 2000, 315:1. 2001, 95:1, eff. Aug. 20, 2001.
Section 402-J:5
402-J:5 Application for Examination. –
I. A resident individual applying for an insurance producer license shall pass a written examination unless exempt pursuant to RSA 402-J:9. The examination shall test the knowledge of the individual concerning the lines of authority for which application is made, the duties and responsibilities of an insurance producer and the insurance laws and regulations of this state. Examinations required by this section shall be developed and conducted under title XXXVII and rules adopted by the commissioner.
II. The commissioner may make arrangements, including contracting with an outside testing service, for administering examinations and collecting the nonrefundable fee set forth in RSA 400-A:29.
III. Each individual applying for an examination shall remit a nonrefundable fee as prescribed by the commissioner as set forth in RSA 400-A:29.
IV. An individual who fails to appear for the examination as scheduled or fails to pass the examination, shall reapply for an examination and remit all required fees and forms before being rescheduled for another examination.
Source. 2000, 315:1. 2001, 95:1, eff. Aug. 20, 2001.
Section 402-J:6
402-J:6 Application for License. –
I. A person applying for a resident insurance producer license shall make application to the commissioner on the uniform application and declare under penalty of refusal, suspension, or revocation of the license that the statements made in the application are true, correct, and complete to the best of the individual's knowledge and belief. Before approving the application, the commissioner shall find that the individual:
(a) Is at least 18 years of age.
(b) Has not committed any act that is a ground for denial, suspension, or revocation set forth in RSA 402-J:12.
(c) [Repealed.]
(d) Has paid the fees set forth in RSA 400-A:29.
(e) Has successfully passed the examinations for the line or lines of authority for which the person has applied.
II. A business entity acting as an insurance producer is required to obtain an insurance producer license. Application shall be made using the uniform business entity application. Before approving the application the commissioner shall find that:
(a) The business entity has paid the fees set forth in RSA 400-A:29; and
(b) The business entity has designated a licensed producer responsible for the business entity's compliance with the insurance laws, rules, and regulations of this state. With the exception of RSA 402-L:3, V, the licensed person or persons designated by the business entity for its compliance shall be licensed to produce all of the lines of insurance that the entity is licensed to produce.
III. The commissioner may require any documents reasonably necessary to verify the information contained in an application.
IV. Each insurer that sells, solicits or negotiates any form of limited line credit insurance shall provide to each individual whose duties will include selling, soliciting or negotiating limited line credit insurance a program of instruction that may be approved by the commissioner.
Source. 2000, 315:1. 2001, 95:1. 2008, 18:1, III, eff. July 11, 2008. 2022, 223:7, eff. Aug. 16, 2022.
Section 402-J:7
402-J:7 License. –
I. Unless denied licensure pursuant to RSA 402-J:12, persons who have met the requirements of RSA 402-J:5 and RSA 402-J:6 shall be issued an insurance producer license. An insurance producer may receive qualification for a license in one or more of the following lines of authority:
(a) Life: Insurance coverage on human lives including benefits of endowment, and annuities, and may include benefits in the event of death or dismemberment by accident and benefits for disability income.
(b) Accident and health or sickness: Insurance coverage for sickness, bodily injury, or accidental death and may include benefits for disability income.
(c) Property: Insurance coverage for the direct or consequential loss or damage to property of every kind.
(d) Casualty: Insurance coverage against legal liability, including that for death, injury, or disability or damage to real or personal property.
(e) Variable life and variable annuity products: Insurance coverage provided under variable life insurance contracts and variable annuities.
(f) Personal lines property and casualty: Insurance coverage sold to individuals and families for primarily noncommercial purposes.
(g) Credit-limited line credit insurance.
(h) Any other line of insurance permitted under state law or rules.
II. An insurance producer license shall remain in effect unless revoked or suspended as long as the fee set forth in RSA 400-A:29 is paid and educational requirements for resident individual producers are met by the due date.
III. An individual insurance producer who allows his or her license to lapse may, within 24 months from the due date of the renewal fee, reinstate the same license without the necessity of passing a written examination. However, a penalty in the amount of double the unpaid renewal fee shall be required for any renewal fee received after the due date.
IV. A licensed insurance producer who is unable to comply with license renewal procedures due to military service or some other extenuating circumstance may request a waiver of renewal procedures. The producer may also request a waiver of any examination requirement or any other fine or sanction imposed for failure to comply with renewal procedures.
V. The license shall contain the licensee's name, address, personal identification number, and the date of issuance, the lines of authority, the expiration date, and any other information the commissioner deems necessary.
VI. Licensees shall inform the commissioner by any means acceptable to the commissioner of a change of address within 30 days of the change. Change of address shall be accompanied by the fee required pursuant to RSA 400-A:29.
VII. In order to assist in the performance of the commissioner's duties, the commissioner may contract with non-governmental entities, including the National Association of Insurance Commissioners (NAIC) or any affiliates or subsidiaries that the NAIC oversees, to perform any ministerial functions, including the collection of fees, related to producer licensing that the insurance commissioner and the non-governmental entity may deem appropriate.
Source. 2000, 315:1. 2001, 95:1. 2008, 18:11, eff. July 11, 2008.
Section 402-J:7-a
402-J:7-a Continuing Education. –
Every 2 years, at least 60 days prior to the renewal date of their license, persons holding a producers license shall be certified by the insurance department as having completed 24 hours of continuing education instruction. Of the 24 continuing education hours required, at least 3 hours, but no more than 10 hours, shall consist of courses approved for ethics credit. Such continuing education instruction shall be approved by the insurance department. If a nonresident has complied with the continuing education requirements of his or her state of residence, he or she shall not be required to comply with requirements of this section.
Source. 2016, 109:2, eff. July 19, 2016.
Section 402-J:8
402-J:8 Nonresident Licensing. –
I. Unless denied licensure pursuant to RSA 402-J:12, a nonresident shall receive a nonresident producer license if:
(a) The person is currently licensed as a resident and in good standing in his or her home state.
(b) The person has submitted the proper request for licensure and has paid the fees required by RSA 400-A:29.
(c) The person has submitted or transmitted to the commissioner the application for licensure that the person submitted to his or her home state, or in lieu of same, a completed uniform application.
(d) The person's home state awards nonresident producer licenses to residents of this state on the same basis.
II. A nonresident producer who moves from one state to another state or a resident producer who moves from this state to another state shall file a change of address and provide certification from the new resident state within 30 days of the change of legal residence. No license application or license fee is required.
III. The commissioner may verify the producer's licensing status through the producer database maintained by the National Association of Insurance Commissioners, its affiliates or subsidiaries.
IV. Notwithstanding any other provision of this chapter, a person licensed as a surplus lines producer in his or her home state shall receive a nonresident surplus lines producer license pursuant to paragraph I of this section. Except as provided in paragraph I, nothing in this section otherwise amends or supersedes any provision of RSA 405:24 through RSA 405:31.
V. Notwithstanding any other provision of this chapter, a person licensed as a limited line credit insurance or other type of limited lines producer in his or her home state shall receive a nonresident limited lines producer license, pursuant to paragraph I of this section, granting the same scope of authority as granted under the license issued by the producer's home state. For the purposes of this paragraph, limited line insurance is any authority granted by the home state which restricts the authority of the license to less than the total authority prescribed in the associated major lines pursuant to RSA 402-J:7, I(a)-(g).
VI. A nonresident insurance producer license shall remain in effect unless revoked or suspended as long as the fee set forth in RSA 400-A:29 is paid and the nonresident's insurance producer license remains in good standing in his or her home state. Termination of the producer's resident license shall be deemed termination of the New Hampshire nonresident producer license unless the producer timely files a change of address pursuant to paragraph II.
Source. 2000, 315:1. 2001, 95:1. 2008, 18:12, eff. July 11, 2008. 2019, 112:8, eff. Jan. 1, 2020.
Section 402-J:9
402-J:9 Exemption and Examination. –
I. An individual who applies for an insurance producer license in this state who was previously licensed for the same lines of authority in another state shall not be required to complete any prelicensing education or examination. This exemption is only available if the person is currently licensed in that state, or if the application is received within 90 days of the cancellation of the applicant's previous license and if the prior state issues a certification that, at the time of cancellation, the applicant was in good standing in that state or the state's Producer Database records, maintained by the NAIC, its affiliates or subsidiaries indicate that the producer is or was licensed in good standing for the line of authority requested.
II. A person licensed as an insurance producer in another state who moves to this state shall make application within 90 days of establishing legal residence to become a resident licensee pursuant to RSA 402-J:6. No prelicensing education or examination shall be required of that person to obtain any line of authority previously held in the prior state, except where the commissioner determines otherwise by regulation.
Source. 2000, 315:1. 2001, 95:1, eff. Aug. 20, 2001.
Section 402-J:10
402-J:10 Assumed Names. –
An insurance producer doing business under any name other than the producer's legal name is required to notify and obtain approval of the commissioner prior to using the assumed name.
Source. 2000, 315:1.
Section 402-J:11
402-J:11 Temporary Licensing. –
I. The commissioner may issue a temporary insurance producer license for a period not to exceed 180 days without requiring an examination if the commissioner deems that the temporary license is necessary for the servicing of an insurance business in the following cases:
(a) To a member or employee of a business entity licensed as an insurance producer, upon the death or disability of an individual designated in the business entity application or the license.
(b) To the designee of a licensed insurance producer entering active service in the armed forces of the United States of America.
(c) In any other circumstance where the commissioner deems that the public interest will best be served by the issuance of a license.
II. The commissioner may by order limit the authority of any temporary licensee in any way deemed necessary to protect insureds and the public. The commissioner may require the temporary licensee to have a suitable sponsor who is a licensed producer or insurer and who assumes responsibility for all acts of the temporary licensee and may impose other similar requirements designed to protect insureds and the public. The commissioner may by order revoke a temporary license if the interest of insureds or the public are endangered. A temporary license may not continue after the owner or the personal representative disposes of the business.
Source. 2000, 315:1. 2001, 95:1, eff. Aug. 20, 2001.
Section 402-J:12
402-J:12 License Denial, Nonrenewal, or Revocation. –
I. The commissioner may place on probation, suspend, revoke, or refuse to issue or renew an insurance producer's license, and may levy an administrative fine not to exceed $2,500 per violation, in accordance with RSA 400-A:15, III or any combination of actions for any one or more of the following causes:
(a) Providing incorrect, misleading, incomplete, or materially untrue information in the license application.
(b) Violating any insurance laws, or violating any rule, regulation, subpoena, or order of the commissioner or of another state's insurance commissioner.
(c) Obtaining or attempting to obtain a license through misrepresentation or fraud.
(d) Improperly withholding, misappropriating, or converting any moneys or properties in the course of doing insurance business.
(e) Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance.
(f) Having been convicted of a felony.
(g) Having admitted or been found to have committed any unfair trade practice or fraud.
(h) Using fraudulent, coercive, or dishonest practices, or demonstrating incompetence, untrustworthiness or financial irresponsibility whether directly, as an individual, or through activities for an entity, in the conduct of any business activity, or fraud, misappropriation or conversion of funds, misrepresentation or breach of fiduciary duty involving any activity in this state or elsewhere.
(i) Having an insurance producer license, or its equivalent, denied, suspended, or revoked in any other state, province, district, or territory.
(j) Forging another's name to an application for insurance or to any document related to an insurance transaction.
(k) Improperly using notes or any other reference material to complete an examination for an insurance license.
(l) Knowingly accepting insurance business from an individual who is not licensed.
(m) Failing to comply with an administrative or court order imposing a child support obligation.
II. In the event that the action by the commissioner is to nonrenew or to deny an application for a license, the commissioner shall notify the applicant or licensee and advise, in writing, the applicant or licensee of the reason for the denial or nonrenewal of the applicant's or licensee's license. The applicant or licensee may make written demand upon the commissioner for a hearing before the commissioner to determine the reasonableness of the commissioner's action pursuant to RSA 400-A:17.
III. The license of a business entity may be suspended, revoked, or refused if the commissioner finds, after hearing in accordance with RSA 400-A:17, that an individual licensee's violation was known or should have been known by one or more of the partners, officers, or managers acting on behalf of the partnership or corporation and the violation was neither reported to the commissioner nor had any corrective action been taken.
IV. In addition to or in lieu of any applicable denial, suspension, or revocation of a license, a person may, after hearing, be subject to an administrative fine pursuant to RSA 400-A:15, III.
V. The commissioner shall retain the authority to enforce the provisions of and impose any penalty or remedy authorized by this chapter and title XXXVII against any person who is under investigation for or charged with a violation of this chapter or title XXXVII even if such person's license or registration has been surrendered or has lapsed by operation of law.
Source. 2000, 315:1. 2001, 95:1, eff. Aug. 20, 2001. 2020, 37:48, eff. Sept. 27, 2020. 2023, 133:3, 4, eff. Aug. 29, 2023.
Section 402-J:13
402-J:13 Commissions. –
I. An insurance company or insurance producer shall not pay a commission, service fee, brokerage or other valuable consideration to a person for selling, soliciting, or negotiating insurance in this state if that person is required to be licensed under this chapter and is not so licensed.
II. A person shall not accept a commission, service fee, brokerage or other valuable consideration for selling, soliciting, or negotiating insurance in this state if that person is required to be licensed under this chapter and is not so licensed.
III. Renewal or other deferred commission may be paid to a person for selling, soliciting or negotiating insurance in this state if the person was required to be licensed under this chapter at the time of the sale, solicitation, or negotiation and was so licensed at that time.
IV. An insurer or insurance producer may pay or assign commissions, service fees, brokerages, or other valuable consideration to an insurance agency or to persons who do not sell, solicit, or negotiate insurance in this state, unless the payment would violate RSA 417:4, IX.
Source. 2000, 315:1.
Section 402-J:14
402-J:14 Appointments and Authority. –
I. An insurance producer shall not act as an agent of an insurer unless the insurance producer becomes an appointed agent of that insurer. An insurance producer who is not acting as an agent of an insurer is not required to become appointed.
II. To appoint a producer as its agent, the appointing insurer shall file, in a format approved by the commissioner, a notice of appointment within 15 days from the date the agency contract is executed or the first insurance application is submitted. An insurer may also elect to appoint a producer to all or some insurers within the insurer's holding company system or group by the filing of a single appointment request.
III. An insurer shall pay an appointment fee, in the amount and method of payment set forth in RSA 400-A:29 for each insurance producer appointed by the insurer.
IV. While such producer's appointment remains in force, an insurer shall be bound by the acts of the person named therein within his or her apparent authority as its acknowledged producer.
V. No such company shall issue a policy or other evidence of insurance through an unlicensed producer or other unlicensed person. Any violation of this provision shall, after hearing, subject the insurer to an administrative fine, pursuant to RSA 400-A:15, III, and, upon repeated violations, the commissioner may suspend or revoke the license of the company.
Source. 2000, 315:1. 2001, 95:1. 2003, 144:5, eff. Jan. 1, 2004.
Section 402-J:15
402-J:15 Notification to Commissioner of Termination; Confidentiality; Penalties. –
I. An insurer or authorized representative of the insurer that terminates the appointment, employment, contract or other insurance business relationship with a producer shall notify the commissioner within 15 days following the effective date of the termination under RSA 402:15-c, using a format prescribed by the commissioner, if the reason for termination is one of the reasons set forth in RSA 402-J:12 or the insurer has knowledge the producer was found by a court, government body, or self-regulatory organization authorized by law, to have engaged in any of the activities in RSA 402-J:12. Upon the written request of the commissioner, the insurer shall provide additional information, documents, records, or other data pertaining to the termination or activity of the producer.
II. An insurer or authorized representative of the insurer that terminates the appointment, employment, or contract with a producer for any reason not set forth in RSA 402-J:12, shall notify the commissioner within 15 days following the effective date of the termination, using a format prescribed by the commissioner. Upon written request of the commissioner, the insurer shall provide additional information, documents, records, or other data pertaining to the termination.
III. The insurer or the authorized representative of the insurer shall promptly notify the commissioner in a format acceptable to the commissioner if, upon further review or investigation, the insurer discovers additional information that would have been reportable to the commissioner in accordance with paragraph I had the insurer then known of its existence.
IV. (a) Within 15 days after making the notification required by paragraphs I, II, and III, the insurer shall mail a copy of the notification to the producer at his or her last known address. If the producer is terminated for cause for any of the reasons listed in RSA 402-J:12, the insurer shall provide a copy of the notification to the producer at his or her last known address by certified mail, return receipt requested, postage prepaid or by overnight delivery using a nationally recognized carrier.
(b) Within 30 days after the producer has received the original or additional notification, the producer may file written comments concerning the substance of the notification with the commissioner. The producer shall, by the same means, simultaneously send a copy of the comments to the reporting insurer, and the comments shall become a part of the commissioner's file and accompany every copy of a report distributed or disclosed for any reason about the producer as permitted under RSA 402-J:15, VII.
V. (a) In the absence of actual malice, an insurer, the authorized representative of the insurer, a producer, the commissioner, or an organization of which the commissioner is a member and that compiles the information and makes it available to other insurance commissioners, or regulatory or law enforcement agencies shall not be subject to civil liability, and a civil cause of action of any nature shall not arise against these entities or their respective agents or employees, as a result of any statement or information required by or provided pursuant to this section or any information relating to any statement that may be requested in writing by the commissioner, from an insurer or producer; or a statement by a terminating insurer or producer to an insurer or producer limited solely and exclusively to whether a termination for cause under paragraph I was reported to the commissioner, provided that the propriety of any termination for cause under paragraph I is certified in writing by an officer or authorized representative of the insurer or producer terminating the relationship.
(b) In any action brought against a person that may have immunity under subparagraph V(a) for making any statement required by this section or providing any information relating to any statement that may be requested by the commissioner, the party bringing the action shall plead specifically in any allegation that subparagraph V(a) does not apply because the person making the statement or providing the information did so with actual malice.
(c) Subparagraphs V(a) and (b) shall not abrogate or modify any existing statutory or common law privileges or immunities.
VI. (a) Any documents, materials, or other information in the control or possession of the insurance department that is furnished by an insurer, producer, or an employee or agent thereof acting on behalf of the insurer or producer, or obtained by the commissioner in an investigation pursuant to this chapter shall be confidential by law and privileged, shall not be subject to RSA 91-A, shall not be subject to subpoena, and shall not be subject to discovery or admissible in evidence in any private civil action. However, the commissioner is authorized to use such documents, materials, or other information in the furtherance of any regulatory or legal action brought as part of the commissioner's duties.
(b) Neither the commissioner nor any person who received documents, materials, or other information while acting under the authority of the commissioner shall be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to subparagraph VI(a).
(c) In order to assist in the performance of the commissioner's duties under this chapter, the commissioner may:
(1) Share documents, materials, or other information, including the confidential and privileged documents, materials, or information under subparagraph VI(a), with other state, federal, and international regulatory agencies, with the National Association of Insurance Commissioners, its affiliates or subsidiaries, and with state, federal, and international law enforcement authorities, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material, or other information.
(2) Receive documents, materials, or information, including otherwise confidential and privileged documents, materials, or information, from the National Association of Insurance Commissioners, its affiliates or subsidiaries, and from regulatory and law enforcement officials of other foreign or domestic jurisdictions, and shall maintain as confidential or privileged any document, material, or information received with notice of the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information; and may enter into agreements governing sharing and use of information consistent with this subparagraph.
(3) No waiver of any applicable privilege or claim of confidentiality in the documents, materials or information shall occur as a result of disclosure to the commissioner under this section or as a result of sharing as authorized herein.
(d) Nothing in this chapter shall prohibit the commissioner from releasing final, adjudicated actions including for cause terminations that are open to public inspection pursuant to RSA 91-A to a database or other clearinghouse service maintained by the National Association of Insurance Commissioners, its affiliates or subsidiaries.
VII. An insurer, the authorized representative of the insurer, or producer that fails to report as required under the provisions of RSA 402-J:15 or that is found to have reported with actual malice by a court of competent jurisdiction may, after notice and hearing, have its license or certificate of authority suspended or revoked and may be fined in accordance with RSA 400-A:15, III.
Source. 2000, 315:1. 2001, 95:1, eff. Aug. 20, 2001.
Section 402-J:16
402-J:16 Reciprocity. –
I. The commissioner shall waive any requirements for a nonresident license applicant with a valid license from his or her home state except the requirements imposed by RSA 402-J:8, if the applicant's home state awards nonresident licenses to residents of this state on the same basis.
II. A nonresident producer's satisfaction of his or her home state's continuing education requirements for licensed producers shall constitute satisfaction of this state's continuing education requirements if the nonresident producer's home state recognizes the satisfaction of its continuing education requirements imposed upon producers from this state on the same basis.
Source. 2000, 315:1. 2001, 95:1, eff. Aug. 20, 2001.
Section 402-J:17
402-J:17 Reporting of Actions. –
I. A producer shall report to the commissioner any administrative action taken against the producer in another jurisdiction or by another governmental agency in this state within 30 days of the final disposition of the matter. This report shall include a copy of the order, consent to order, or other relevant legal documents.
II. Within 30 days of the initial pretrial hearing date, a producer shall report to the commissioner any criminal prosecution of the producer taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents.
Source. 2000, 315:1. 2001, 95:1. 2005, 248:6, eff. Sept. 12, 2005.
Section 402-J:18
402-J:18 Rules. –
The commissioner may, in accordance with RSA 541-A, adopt reasonable rules as are necessary or proper to carry out the purpose of this chapter.
Source. 2000, 315:1.
Section 402-J:19
402-J:19 Severability. –
If any provisions of this chapter, or the application of a provision to any person or circumstances, shall be held invalid, the remainder of the chapter, and the application of the provision to persons or circumstances other than those to which it is held invalid, shall not be affected.
Source. 2000, 315:1.