General requirements for individual and agency license issuance and renewal.

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  • (1)
    • (a) The commissioner shall issue or renew a license to a person described in Subsection (1)(b) to act as:
      • (i) a producer;
      • (ii) a surplus lines producer;
      • (iii) a limited line producer;
      • (iv) a consultant;
      • (v) a managing general agent; or
      • (vi) a reinsurance intermediary.
    • (b) The commissioner shall issue or renew a license under Subsection (1)(a) to a person who, as to the license type and line of authority classification applied for under Section 31A-23a-106:
      • (i) satisfies the application requirements under Section 31A-23a-104;
      • (ii) satisfies the character requirements under Section 31A-23a-107;
      • (iii) satisfies applicable continuing education requirements under Section 31A-23a-202;
      • (iv) satisfies applicable examination requirements under Section 31A-23a-108;
      • (v) satisfies applicable training period requirements under Section 31A-23a-203;
      • (vi) if an applicant for a resident individual producer license, certifies that, to the extent applicable, the applicant:
        • (A) is in compliance with Section 31A-23a-203.5; and
        • (B) will maintain compliance with Section 31A-23a-203.5 during the period for which the license is issued or renewed;
      • (vii) has not committed an act that is a ground for denial, suspension, or revocation as provided in Section 31A-23a-111;
      • (viii) if a nonresident:
        • (A) complies with Section 31A-23a-109; and
        • (B) holds an active similar license in that person's home state;
      • (ix) if an applicant for an individual title insurance producer or agency title insurance producer license, satisfies the requirements of Section 31A-23a-204;
      • (x) if an applicant for a license to act as a life settlement provider or life settlement producer, satisfies the requirements of Section 31A-23a-117; and
      • (xi) pays the applicable fees under Section 31A-3-103.
  • (2)
    • (a) This Subsection (2) applies to the following persons:
      • (i) an applicant for a pending:
        • (A) individual or agency producer license;
        • (B) surplus lines producer license;
        • (C) limited line producer license;
        • (D) consultant license;
        • (E) managing general agent license; or
        • (F) reinsurance intermediary license; or
      • (ii) a licensed:
        • (A) individual or agency producer;
        • (B) surplus lines producer;
        • (C) limited line producer;
        • (D) consultant;
        • (E) managing general agent; or
        • (F) reinsurance intermediary.
    • (b) A person described in Subsection (2)(a) shall report to the commissioner:
      • (i) an administrative action taken against the person, including a denial of a new or renewal license application:
        • (A) in another jurisdiction; or
        • (B) by another regulatory agency in this state; and
      • (ii) a criminal prosecution taken against the person in any jurisdiction.
    • (c) The report required by Subsection (2)(b) shall:
      • (i) be filed:
        • (A) at the time the person files the application for an individual or agency license; and
        • (B) for an action or prosecution that occurs on or after the day on which the person files the application:
          • (I) for an administrative action, within 30 days of the final disposition of the administrative action; or
          • (II) for a criminal prosecution, within 30 days of the initial appearance before a court; and
      • (ii) include a copy of the complaint or other relevant legal documents related to the action or prosecution described in Subsection (2)(b).
  • (3)
    • (a) The department may require a person applying for a license or for consent to engage in the business of insurance to submit to a criminal background check as a condition of receiving a license or consent.
    • (b) A person, if required to submit to a criminal background check under Subsection (3)(a), shall:
      • (i) submit a fingerprint card in a form acceptable to the department; and
      • (ii) consent to a fingerprint background check by:
        • (A) the Utah Bureau of Criminal Identification; and
        • (B) the Federal Bureau of Investigation.
    • (c) For a person who submits a fingerprint card and consents to a fingerprint background check under Subsection (3)(b), the department may request:
      • (i) criminal background information maintained pursuant to Title 53, Chapter 10, Part 2, Bureau of Criminal Identification, from the Bureau of Criminal Identification; and
      • (ii) complete Federal Bureau of Investigation criminal background checks through the national criminal history system.
    • (d) Information obtained by the department from the review of criminal history records received under this Subsection (3) shall be used by the department for the purposes of:
      • (i) determining if a person satisfies the character requirements under Section 31A-23a-107 for issuance or renewal of a license;
      • (ii) determining if a person has failed to maintain the character requirements under Section 31A-23a-107; and
      • (iii) preventing a person who violates the federal Violent Crime Control and Law Enforcement Act of 1994, 18 U.S.C. Sec. 1033, from engaging in the business of insurance in the state.
    • (e) If the department requests the criminal background information, the department shall:
      • (i) pay to the Department of Public Safety the costs incurred by the Department of Public Safety in providing the department criminal background information under Subsection (3)(c)(i);
      • (ii) pay to the Federal Bureau of Investigation the costs incurred by the Federal Bureau of Investigation in providing the department criminal background information under Subsection (3)(c)(ii); and
      • (iii) charge the person applying for a license or for consent to engage in the business of insurance a fee equal to the aggregate of Subsections (3)(e)(i) and (ii).
  • (4) To become a resident licensee in accordance with Section 31A-23a-104 and this section, a person licensed as one of the following in another state who moves to this state shall apply within 90 days of establishing legal residence in this state:
    • (a) insurance producer;
    • (b) surplus lines producer;
    • (c) limited line producer;
    • (d) consultant;
    • (e) managing general agent; or
    • (f) reinsurance intermediary.
  • (5)
    • (a) The commissioner may deny a license application for a license listed in Subsection (5)(b) if the person applying for the license, as to the license type and line of authority classification applied for under Section 31A-23a-106:
      • (i) fails to satisfy the requirements as set forth in this section; or
      • (ii) commits an act that is grounds for denial, suspension, or revocation as set forth in Section 31A-23a-111.
    • (b) This Subsection (5) applies to the following licenses:
      • (i) producer;
      • (ii) surplus lines producer;
      • (iii) limited line producer;
      • (iv) consultant;
      • (v) managing general agent; or
      • (vi) reinsurance intermediary.
  • (6) Notwithstanding the other provisions of this section, the commissioner may:
    • (a) issue a license to an applicant for a license for a title insurance line of authority only with the concurrence of the Title and Escrow Commission; and
    • (b) renew a license for a title insurance line of authority only with the concurrence of the Title and Escrow Commission.





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