CHAPTER
Ins 1300 PRODUCERS AND ADJUSTERS
Statutory
Authority: RSA 400-A:11, I.; 400-A:15,
RSA
402- J:18
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:
(1) Resident
producers;
(2) Resident adjusters; and
(3) Adjusters who chose
a. Life, accident and health insurance; and
b. Property and casualty insurance, including
workers' compensation.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07; ss by #10862, eff 8-1-15
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 that is preparing and presenting a continuing education program.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07; ss by #10862, eff 8-1-15
PART Ins 1302
CONTINUING EDUCATIONAL REQUIREMENTS FOR PRODUCERS AND ADJUSTERS
Ins 1302.01 Purpose. The purpose of this part is 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; ss by #10862, eff 8-1-15
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; and
(4) All lines of property and casualty insurance.
(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; ss by #10862, eff 8-1-15
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
may 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 1303.03 and Ins 1303.05.
(e) Continuing education credits shall not be
given for any course that:
(1) 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; and
(2) Is duplicated in the same license renewal
period.
(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, eff 8-1-07; ss by #10862, eff 8-1-15
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 24 continuing
education hours of instruction, including a minimum of 3 hours of ethics, that
have been approved by the commissioner.
(b) For insurance
claims adjusters adjusting workers' compensation claims, of the 24 hours
required in (a) above, 10 hours shall inform the licensee of the current
workers’ compensation laws of this state, 3 hours of ethics, and the remaining
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, including 3 hours of ethics, 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) Continuing education credits shall not be
given for any course that shall be considered duplicative course work or
instruction in the same renewal period.
(h) 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.
(i) 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; ss by #10862, eff 8-1-15; amd
by #12973, eff 1-13-20
Ins 1302.05 Penalty. Any person
failing to meet the requirements imposed 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 compliance 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; ss by #10862, eff 8-1-15
PART Ins 1303
CONTINUING EDUCATION COUNCILS, COURSES AND APROVALS
Ins 1303.01 Purpose
and Applicability.
(a) The purpose
of this part is 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; ss by #10862, eff 8-1-15
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 New Hampshire
Insurance Agents Association;
(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.
(g) For each
council, three members shall constitute a quorum for the purposes of conducting
meetings and making recommendations to the commissioner.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07; ss by #10862, eff 8-1-15; amd
by #12973, eff 1-13-20
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; ss by #10862, eff 8-1-15
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, eff 8-1-07; ss by #10862, eff 8-1-15
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; ss by #10862, eff 8-1-15
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; ss by #10862, eff 8-1-15
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; ss by #10862, eff 8-1-15
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; ss by #10862, eff 8-1-15
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; ss by #10862, eff 8-1-15
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; ss by #10862, eff 8-1-15
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; ss by #10862, eff 8-1-15
PART
Ins 1305 WAIVER OF RULES
Ins 1305.01 Waiver of Rules.
(a) The commissioner, upon the commissioner’s own
initiative or upon request by an insurer, shall waive any requirement of this
part if such waiver does not contradict the objective or intent of the rule
and:
(1) Applying the rule provision would cause
confusion or would be misleading to consumers;
(2) The rule provision is in whole or in part
inapplicable to the given circumstances;
(3) There are specific circumstances unique to
the situation such that strict compliance with the rule would be onerous
without promoting the objective or intent of the rule provision; or
(4) Any other similar extenuating circumstances
exist such that application of an alternative standard or procedure better
promotes the objective or intent of the rule provision.
(b)
No requirement prescribed by statute shall be waived unless expressly
authorized by law.
(c)
Any person or entity seeking a waiver shall make a request in writing.
(d)
A request for a waiver shall specify the basis for the waiver and
proposed alternative, if any.
Source. #12973, eff 1-13-20
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
1302.04(a) – (c) |
RSA
400-A:15, I; RSA 402-B:5-a.; 402-D:12 |
|
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
1303.02(g) |
RSA
400-A:15, I; 400-A:11; 402-J:16 II |
|
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, |
|
Ins
1305.01 |
RSA
400-A;15, I; RSA 541-A:22, IV |