(1) The Agents Licensing Section is charged
with the responsibility of protecting the citizens of this State by approving
for licensing and renewal only those applicants who possess the mental ability
and the moral character that is needed to suppress misrepresentation of the
product to be offered.
(2) This
section endeavors to promote the dignity of career insurance representatives by
strict enforcement of qualification requirements and by firm but fair
disposition of violations of the Georgia Insurance Code, with no individual
exceptions. Effort is also made to improve public acceptance of insurance by
careful screening and testing of proposed representatives and by consistent
elimination of those licensees who, through unethical, unfair, or illegal
practices, tend to destroy confidence in the industry.
(3) In order to accomplish these desired
results, the Agents Licensing Section has been given the authority and duties
set forth in paragraph (4) of this Rule.
(4) The section shall:
(a) Administer license qualifications
prescribed by law and departmental regulations.
(b) Approve formal classroom training courses
required of applicants as agents for life and accident and sickness, property
and allied lines, and casualty, surety and allied lines.
(c) Issue temporary licenses to qualified,
first-time applicants. Upon receipt of completed application and proper fees, a
qualified applicant is sent a temporary license.
(d) Prepare or arrange for the preparation of
an examination study manual. Study manuals are prepared by the Commissioner to
aid applicants for licensing to gain knowledge required to pass the required
written examination. Such manuals are available from the section upon payment
of the applicable fee.
(e) Prepare
and conduct all license examinations. The place, date, and time for conducting
an examination shall be as specified on the examination permit. Questions, for
courses in which a study manual has been prepared, shall come from such study
manuals, otherwise, from reference materials recommended by departmental
regulations. Applicants must present to the examiner a valid examination permit
to be entitled to take the examination.
(f) Issue permanent licenses. The address of
the licensee appearing on the license shall be the business address of property
and casualty licenses; business address of life, accident and sickness licenses
if, licensee's business and residence address are in the same city; and when
the licensee's business and residence addresses are in different cities,
licenses will reflect the licensee's residence address.
(g) Renew licenses. Renewal and applications
will be sent to all licensees holding licenses during the current license year.
Such applicants should request late renewal applications if no license was held
during the current license year. The renewal application contains a replica of
the agent's license; licensee shall check the replica for accuracy; space is
provided to insert any corrections. Applicant for renewal shall answer all
questions, date, and sign the application. Completed applications shall be
submitted to the section with the proper renewal license fee.
(h) Collect all license and examination fees.
License and examination fees are prescribed and required by law to be collected
in advance.
(i) Work out reciprocal
agreements with other states for nonresident applicants. The section shall see
that Georgia licensees are admitted into other states on the same basis as such
other states' licensees are admitted into Georgia. Since it is necessary to
change these agreements from time to time because of changes in state insurance
laws of the various states, any resident agent interested in securing such a
license should contact the section for up-to-date information on the type of
licenses which may be secured and the required fees.
(j) Provide letters of certification for
Georgia agents seeking licenses in other states. Such letters will be provided
if requested by the licensee, an insurance company official or an insurance
regulatory official of such other state. Such letter shall be addressed and
sent to whomever the requesting party designated. Such letter shall certify
only as to those facts appearing in the records of the section.
(k) Handle complaints involving
misappropriation of funds, conversion of funds to an agent's personal use, or
withholding funds collected by an agent belonging to an insurer, insured, or a
beneficiary as such complaints are filed by insurers against agents. The
section shall require the insurer to make the charge in writing and furnish
proof. The agent shall be notified of the charge and requested to admit or deny
such charges. If the agent denies the charge, the agent shall furnish proof to
refute it. The section shall request the Administrative Law Section of the
Administrative Division to conduct an investigation to determine the
facts.
(l) Work in conjunction with
the Consumer Services Section with other type complaints filed by insurers
against agents for the purpose of determining the facts and coordinating
action.
(m) Conduct such
pre-hearing conferences with agents as may be necessary for determination if
formal hearings are necessary.
(n)
Request formal hearings for license revocations. If, in the opinion of the
assistant director, satisfactory evidence or answers were not given at the
pre-hearing conference, the agent shall be notified that he can either
voluntarily surrender his license or attend a formal hearing to show cause why
his license should not be revoked. If the agent desires a formal hearing, his
file is passed to the Administrative Law Section of the Administrative Division
with the request that an appropriate order be drawn.
(o) Advise all companies of any changes in
the status of their agents' licenses for the purpose of restricting or
curtailing an agent's authority to act or termination of the agent's services
if the discrepancy warrants such action.
(5) The Agents Licensing Section is under the
supervision and direction of a director, and such section has been delegated
responsibility for administering paragraph (4) of this Rule. All inquiries,
requests, and submissions respecting the matters therein set forth should be
directed to:
Agents Licensing Section
Office of Commissioner of Insurance
Suite 720 West Tower
Two Martin Luther King, Jr., Drive
Atlanta, Georgia 30334
