Current through Register Vol. XLI, No. 38, September 20, 2024
8.1. No later than
sixty (60) days prior to the end of the reporting period, the Commissioner shall
provide written notification to individual insurance producers and individual
insurance adjusters subject to continuing insurance education requirements advising
them as to the status of their continuing insurance education credits.
8.1.1. The Commissioner shall provide the
notification to each individual insurance producer or individual insurance adjuster
by electronic mail or by regular mail, if requested, addressed to the individual
insurance producer at the last respective address appearing for the individual
insurance producer in the records of the Commissioner.
8.1.2. Individual insurance producers who sell
only preneed burial insurance contracts shall file with the Commissioner an
affidavit, on a form to be provided by the Commissioner, verifying that the
individual insurance producer is not engaged in the sale of any other type of
insurance product.
8.1.3. Individual
insurance producers engaged solely in telemarketing insurance products by a scripted
presentation which has been filed with and approved by the Commissioner shall file
an affidavit, on a form to be provided by the Commissioner, verifying that the
individual insurance producer is not engaged in the sale of any other type of
insurance product.
8.2. Any
individual insurance producer or individual insurance adjuster who does not
anticipate pursuing the required continuing insurance education requirements may
elect to cancel his or her license prior to the end of the reporting period by
submitting a written request to the Commissioner. Cancellation of a license revokes
any privilege the individual insurance producer or individual insurance adjuster may
have had to reinstate his or her license without completion of a pre-licensing
insurance education course and/or examination.
8.2.1. Each request for cancellation of a license
shall include the individual insurance producer's or individual insurance adjuster's
name, address, license number, telephone number and reason for
cancellation.
8.2.2. Cancellation of a
license prohibits an individual insurance producer from further transacting
insurance in West Virginia without successful completion of pre-licensing education
and examination, and prohibits an individual insurance adjuster from further
adjusting insurance claims in West Virginia without successful completion of
examination.
8.3. Any
individual insurance producer or individual insurance adjuster who has not met the
continuing insurance education requirements for any reporting period may agree to a
voluntary suspension of his or her license until such time as the continuing
insurance education requirements have been met.
8.3.1. Each request for a voluntary suspension of
a license shall include the individual insurance producer's or individual insurance
adjuster's name, address, license number and telephone number.
8.3.2. An individual insurance producer may not
transact insurance in West Virginia during the suspension period, and an individual
insurance adjuster may not adjust insurance claims in West Virginia during the
suspension period.
8.3.3. Any individual
insurance producer who does not satisfy the mandatory continuing education
requirements as of the last day of the reporting period following his or her
voluntary suspension shall have his or her license automatically cancelled pursuant
to the provisions of W. Va. Code §
33-12-8(h).
Any individual insurance adjuster who does not satisfy the mandatory continuing
education requirements as of the last day of the reporting period following his or
her suspension shall have his or her license automatically terminated pursuant to
the provisions of W. Va. Code §
33-12B-13(i).
8.4. The Commissioner will issue a notice
automatically suspending the license of any individual insurance producer or
individual insurance adjuster failing to meet continuing insurance education
requirements who has not been granted an extension of time within which to comply,
or who has submitted to the Commissioner a false or fraudulent certificate of
compliance. The license shall remain suspended until such time as the individual
insurance producer or individual insurance adjuster has demonstrated to the
satisfaction of the Commissioner that he or she has complied with all requirements
of this rule and all other applicable laws.
8.4.1.
The individual insurance producer or individual insurance adjuster will have an
opportunity to request a hearing on a notice of suspension resulting from his or her
failure to meet continuing insurance education requirements. The effect of the
notice of suspension will be stayed pending the individual insurance producer's or
individual insurance adjuster's request for a hearing within the time designated in
section 8.5 of this rule or pending completion of the hearing if a hearing is timely
requested.
8.4.2. The burden of proving
successful completion of continuing insurance education courses is at all times upon
the individual subject to the continuing insurance education requirements.
8.4.3. Any individual insurance producer who does
not satisfy the mandatory continuing education requirements as of the last day of
the reporting period following his or her suspension shall have his or her license
automatically cancelled pursuant to the provisions of W. Va. Code §
33-12-8(j).
Any individual insurance adjuster who does not satisfy the mandatory continuing
education requirements as of the last day of the reporting period following his or
her suspension shall have his or her license automatically cancelled pursuant to the
provisions of W. Va. Code §
33-12B-13(k).
8.5. Hearings - A hearing may be requested by an
individual insurance producer, individual insurance adjuster or a provider in
accordance with W. Va. Code §
33-2-13, 114CSR13, and the
following:
8.5.1. Any individual insurance
producer or individual insurance adjuster whose license is being suspended due to
his or her failure to successfully complete and submit the required hours of
continuing insurance education courses and wants to request a reconsideration
hearing as permitted by W. Va. Code §§
33-12-8(i)
and/or
33-12B-13(j)
must submit a request for hearing in writing to the Commissioner's office address in
Charleston, West Virginia, either in person or by certified mail, return receipt
requested. Such hearing shall be held within forty-five (45) days of the receipt of
request for hearing and notice of the time, place, and matters to be considered at
the hearing shall be provided by the Commissioner to all parties directly involved
not less than fifteen (15) days prior to the date of hearing. Any request for a
reconsideration hearing must be in compliance with W. Va. Code §
33-2-13, and must be made
within thirty (30) days after the individual insurance producer's or individual
insurance adjuster's receipt of the order entered by the Commissioner pursuant to
section 8.4 of this rule for reconsideration of the matter. The Commissioner shall
mail a copy of the order to the individual insurance producer or individual
insurance adjuster by certified mail, return receipt requested. In cases where proof
of receipt of the order is not received by the Commissioner, service of the order
will be presumed complete upon the expiration of four (4) days following deposit by
the Commissioner in the United States Mail. If the individual insurance producer or
individual insurance adjuster makes a timely request for a hearing, the scope of the
hearing will be whether the producer or adjuster has successfully completed and
submitted the required hours of continuing insurance education courses. The hearing
shall be conducted as provided in W. Va. Code §
33-2-13.
8.5.2. Any provider that has received a notice of
assessed fee or whose course(s) or program(s) of instruction has been disapproved
must submit a request for hearing in the same manner and within the same time as
that set forth in subdivision a of this subsection. The Commissioner shall mail a
copy of the notice of fee or notification of disapproval of courses or programs to
the provider by certified mail, return receipt requested. In cases where proof of
receipt of the notice of fee or notification of disapproval is not received by the
Commissioner, service will be presumed complete upon the expiration of four (4) days
following deposit by the Commissioner in the United States Mail. If the provider
makes a timely request for a hearing, the scope of the hearing will be whether the
fee was properly assessed, whether the provider has failed to pay the fee or whether
the provider has established a pattern or practice of failure to comply with this
rule. The hearing shall be conducted as provided in W. Va. Code §
33-2-13.
8.5.3. All requests for hearing must identify the
order or notification upon which the hearing is requested and must set forth the
grounds upon which it is asserted that the order or notification should be vacated
or modified.
8.5.4. Untimely hearing
requests will not be granted. A request is untimely if it is made by or on behalf of
the individual insurance producer or individual insurance adjuster or provider after
the time specified in subdivision a of this subsection or prior to the issuance of
the order or notification.
8.6. Failure to appear at a hearing requested
pursuant to section 8.5 of this rule will result in the following:
8.6.1. If the individual insurance producer or
individual insurance adjuster fails to appear either in person or by counsel at the
hearing without obtaining a continuance pursuant to 114CSR13, the order suspending
his or her license will become final, and the individual insurance producer or
individual insurance adjuster shall be assessed the costs set forth in section 8.7
of this rule.
8.6.2. If the provider
fails to appear either in person or by counsel at the hearing without obtaining a
continuance pursuant to 114CSR13, the provider's course(s) or program(s) will
continue to be disapproved and the provider shall be assessed the costs set forth in
section 8.7 of this rule.
8.7.
Assessment of Costs.
8.7.1. A docket fee of
seventy-five dollars ($75.00) may be assessed against an individual insurance
producer, individual insurance adjuster or provider following a hearing if the
Commissioner's prior action is not rescinded pursuant to W. Va. Code §
33-2-13.
8.7.2. The Commissioner may assess the costs of
the hearing as provided for in W. Va. Code §
33-2-13 to any individual
insurance producer, individual insurance adjuster or provider who fails to have the
Commissioner's prior action rescinded.
8.7.3. The individual insurance producer or
individual insurance adjuster or provider shall pay all applicable assessed fees
before the Commissioner may complete reinstatement of the individual insurance
producer's license or individual insurance adjuster's license or the approval of a
provider's course(s) or program(s) of instruction.
8.7.4. All fees collected under this section shall
be deposited, transferred, and paid out in accordance with W. Va. Code §
33-3-13.
8.8. Notification of Suspension.
8.8.1. Upon suspension of an individual insurance
producer's license for failure to comply with the mandatory continuing insurance
education requirements for the reporting period, the Commissioner shall:
8.8.1.a. Give notice of the suspension to the
insurer(s) or employing agent with whom the individual insurance producer has a
contractual relationship; and
8.8.1.b.
Cancel all appointments of the individual insurance producer subject to disciplinary
action.
8.8.2. Upon
suspension of an individual insurance adjuster's license for failure to comply with
the mandatory continuing insurance education requirements for the reporting period,
the Commissioner shall give notice of the suspension to the insurer, third-party
administrator, or employer of the individual insurance adjuster.
8.9. An insurer employing an individual insurance
producer shall not renew or issue new appointments subject to continuing insurance
education requirements to an individual insurance producer whose license has been
suspended for failure to comply with mandatory continuing insurance education
requirements until such time as the individual insurance producer's license has been
reinstated and an application and appropriate fee have been submitted to and
approved by the Commissioner. Further, an insurer, third-party administrator or
independent adjusting company employing an individual insurance adjuster shall not
continue to allow an individual insurance adjuster whose license has been suspended
for failure to comply with mandatory continuing insurance education requirements to
adjust claims for the employer until such time as the individual insurance
adjuster's license has been reinstated and an application and appropriate fee have
been submitted to and approved by the Commissioner.
8.10. Neither cancellation of a license nor any
disciplinary action levied as a result of non-compliance with continuing insurance
education requirements shall prohibit an individual insurance producer from
receiving commissions which were vested and earned while that individual insurance
producer maintained an approved license nor prohibit an individual insurance
adjuster from receiving a salary or other work-related payment which were vested and
earned while that individual insurance adjuster maintained an approved
license.
