44-3905. Continuing education activities; director; duties; continuing education sponsor; requirements; fee; administrative penalty.
(1)(a) The director shall certify as approved continuing education activities those courses, lectures, seminars, or other instructional programs which he or she determines would be beneficial in improving the product knowledge or service capability of licensees, except that the director shall refuse to certify as approved any continuing education activity if the sponsors associated with such continuing education activity are not on the list of approved continuing education sponsors maintained pursuant to subdivision (c) of this subsection. The director may require descriptive information about any continuing education activity and refuse approval of any continuing education activity that does not advance the purposes of sections 44-3901 to 44-3908. The director may require a nonrefundable fee as established by the director not to exceed fifty dollars for review of any continuing education activity submitted for approval or renewal.
(b) Beginning January 1, 2019, any certification by the director of an approved continuing education activity shall be for a four-year period. Any continuing education activity approved prior to January 1, 2019, shall expire on January 1, 2020, or four years after the date of approval, whichever is later. Prior to the expiration of any such certification, the approved continuing education sponsor may seek a renewal of such certification from the director, and the director may recertify such continuing education activity as approved if the director determines the courses, lectures, seminars, or other instructional programs continue to benefit the product knowledge or service capabilities of licensees.
(c) The director shall maintain a list of persons or entities that the director has approved as continuing education sponsors. Such persons or entities shall meet the qualifications for continuing education sponsors established by the director. The director may require such information about any continuing education sponsor as is necessary to determine whether the continuing education sponsor has met such qualifications. The director shall require a nonrefundable fee as established by the director not to exceed two hundred dollars for approval of any continuing education sponsor. The director may impose an administrative penalty not to exceed two hundred dollars per violation, and, in addition, may remove a continuing education sponsor from the approved continuing education sponsor list, after notice and hearing, if the director determines that the continuing education sponsor has:
(i) Failed to maintain compliance with qualifications established by the director pursuant to this subsection;
(ii) Advertised, prior to approval, that a continuing education activity is approved;
(iii) Advertised a continuing education activity in a materially misleading manner;
(iv) Submitted a continuing education activity outline with material inaccuracies in topic content;
(v) Presented nonapproved material during the time of an approved continuing education activity;
(vi) Failed to notify continuing education activity registrants of removal or expiration of a continuing education activity approval;
(vii) Changed the program teaching method or program content in a material manner without notice to the director;
(viii) Failed to present a continuing education activity for the total amount of time specified in the certification request forms submitted to the department for a continuing education activity;
(ix) Advertised, after expiration of the certification, that a continuing education activity is approved;
(x) Failed to inform the director of an individual’s successful completion of an approved continuing education activity in a manner and timeframe prescribed by the director;
(xi) Committed other acts which reasonably indicated that the continuing education sponsor is incompetent or fails to use reasonable care;
(xii) Failed to maintain records of successful completion;
(xiii) Failed to report disciplinary action taken by another state licensing authority;
(xiv) Committed improprieties in connection with the classification, application for certification, maintenance of records, teaching method, or program content for a continuing education activity; or
(xv) Failed to respond to the department within fifteen working days after receipt of an inquiry from the department.
(2) The director shall certify the number of hours to be awarded for participation in an approved continuing education activity based upon contact or classroom hours.
(3) The director shall certify the number of hours to be awarded for successful completion of a correspondence course or program of independent study based upon the number of hours which would be awarded in an equivalent classroom course or program.
(4) The director shall approve the types of associations that meet the requirements of professional insurance associations upon application of an association and may establish reasonable requirements for active participation. The director may require an approved association to provide additional information to the director so that the director may determine whether or not the association continues to meet the requirements of a professional insurance association.
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