Current through Register Vol. 56, No. 24, December 18, 2024
(a) Except as
provided in (b) below, all prohibited persons who are, or seek to be, employed
in the business of insurance in any capacity in this State shall complete and
file an application for waiver using the Initial Application (Short Form), set
forth as Exhibit A in the Appendix to this chapter and available on the
Department website at http:www.state.nj.us/dobi/inslic.htm.
(b) The following prohibited persons when
seeking a waiver shall complete and file the "Comprehensive Form," set forth as
Exhibit B in the Appendix to this subchapter and available on the Department
website at http:www.state.nj.us/dobi/inslic.htm.
1. Persons in possession of any license to
engage in the business of insurance as a producer in this State;
2. Persons seeking to obtain or renew an
insurance producer's license in this State; or
3. Persons who are engaged in the business of
insurance, whose scope of employment includes any of the following duties or
powers:
i. Corporate officer, director or
manager;
ii. Direct involvement in
the handling of customer funds; or
iii. Direct involvement in selling policies
to the public.
(c) Upon review of the completed "Short Form"
application for waiver, the Department may request the applicant to complete
and file the "Comprehensive Form."
(d) No prohibited person shall be granted a
license, or renewal of a license, as a producer unless such person has first
been granted a waiver by the Commissioner or his or her designee pursuant to
this chapter.
(e) The Department
shall not accept any application for waiver if the Department finds that any of
the following conditions exist:
1. The
applicant is not a prohibited person within the meaning of
N.J.A.C. 11:17E-1.2;
2. New Jersey is not the appropriate State to
grant a waiver in accordance with
N.J.A.C. 11:17E-1.3(d);
or
3. The application is not
complete or is not properly executed.
(f) If an application is not accepted in
accordance with (e) above, it shall be returned to the applicant with an
explanation of the reasons for non-acceptance.
(g) If the application is accepted, the
Department shall act on the application after investigation, which shall
include:
1. Obtaining a State and Federal
criminal records check based on the applicant's name, address, date of birth,
social security number and fingerprints;
2. Sending e-mail notification to all other
states pertaining to the application for waiver;
3. Verifying the contents of the
applications; and
4. Inquiry into
any and all other matters deemed necessary.
(h) Upon completion of the investigation and
receipt of any additional records and documentation deemed necessary by the
Department, the application shall be reviewed in accordance with the standards
set forth in the Rehabilitated Convicted Offenders Act,
N.J.S.A. 2A:168A-1 et seq., as set forth in
(i) below.
(i) In determining
whether to approve an application for waiver, the following factors shall be
considered:
1. The nature and duties of the
work, occupation, trade, vocation, profession, business or license or
certificate for which the person is applying;
2. The nature and seriousness of the
offense;
3. The circumstances under
which the offense occurred;
4. The
date of the offense;
5. The age of
the person at the time the offense was committed;
6. Whether the offense was an isolated or
repeated incident;
7. Any social
conditions that may have contributed to the offense;
8. Any evidence of rehabilitation, including
good conduct in prison or in the community, counseling or psychiatric treatment
received, acquisition of additional academic or vocational schooling,
successful participation in correctional work-release programs, or the
recommendation of persons who have or have had the applicant under their
supervision;
9. Evidence of a
pardon or of the expungement of a criminal conviction, pursuant to N.J.S.A.
2A:164-28, or of a certificate of the Federal or State Parole Board, or of the
Chief Probation Officer of a United States District Court or a county who has
supervised the applicant's probation, that the applicant achieved a sufficient
degree of rehabilitation to indicate that his or her proposed employment would
not be incompatible with the welfare of society;
10. The full payment or continuing payment of
restitution and such other fines and penalties as the court may have imposed;
and
11. Such other factors as the
Commissioner or his or her designee may deem appropriate.
(j) The Department shall maintain records of
all applications, investigative reports and results in accordance with
N.J.A.C. 11:17E-1.6.
