Current through Register Vol. 42, No. 5, February 29, 2024
(1) A completed criminal history disclosure
form and all documentation requested in applicable portions of the form must be
submitted by any individual:
(a) Who
discloses a criminal history in an application for a license or in the context
of renewing an existing license. An individual who is renewing an existing
license may be relieved from completing and submitting the form or
documentation if the criminal history was previously disclosed to the
Department in writing in the context of an initial application or an earlier
renewal or otherwise.
(b) Who is
notified by the Department of the Department's discovery of the individual's
undisclosed criminal history.
(c)
Who, though currently the holder of a license issued by the Commissioner, has a
disclosed or undisclosed criminal history including Section 1033 offenses and
is subject to the consent requirements of
18
U.S.C. §
1033(e) but
has not received a Section 1033 consent from the Commissioner or an appropriate
insurance regulatory official.
(d)
Who, with a criminal history, is working or proposes to work in an unlicensed
capacity in the business of insurance and is subject to the consent
requirements of
18
U.S.C. §
1033(e). Such
individual will be excepted from this requirement only if such individual has
previously disclosed the criminal history to the Department in writing and has
received a Section 1033 consent from the Commissioner applicable to the
individual's position and employer based on that history or has been advised in
writing by the Department of the Department's position that the consent
requirement of
18
U.S.C. §
1033(e) is not
applicable.
(2) At any
time, the Department may request that the individual submit:
(a) Additional information and documentation
beyond that requested in the criminal history disclosure form to the extent the
Department determines such additional information or documentation to be
relevant as to whether a license should issue or be renewed and/or a Section
1033 consent granted.
(b) To an
in-person interview and/or telephone interview by Department personnel
concerning the circumstances disclosed in the criminal history disclosure form
and supporting documentation.
(3) The Department may conduct additional
background checks or investigations as part of the review process.
(4) The Department will withhold action on an
initial license application, a license renewal application, and a request for a
Section 1033 consent until receipt of a properly completed and documented
criminal history disclosure form and, if requested, any additional or
supplemental information, any personal or telephone interview, and further
background investigation, if any, conducted by the Department.
(5) The following will be deemed withdrawal
of any pending request for a license or license renewal or for a Section 1033
request and cause a denial of the application or request:
(a) Failure of an applicant for a license or
for renewal of a license and/or a Section 1033 consent to return a properly
completed and documented criminal history disclosure form within the time
stipulated by the Department.
(b)
Failure to furnish any supplemental information requested by the Department
within the time stipulated by the Department.
(c) Failure to submit to a personal or
telephone interview if requested by the Department.
(6) The failure of a license holder to return
a properly completed and documented criminal history disclosure form within the
time period stated in an official communication from the Department
transmitting the form will subject the license holder to administrative action
by the Department.
(7) A completed
and documented criminal history disclosure form may serve as the basis for
additional administrative action against an applicant for, or holder of, a
license.
Author: Commissioner of Insurance
Statutory Authority:
Code of Ala.
1975, §
27-2-17.
