Section 26-A100. GENERAL PROVISIONS

 

100.1No person shall act as, or hold himself out as, an insurance producer unless the person has been issued a license in accordance with this chapter.

 

100.2An applicant for a license as a producer may receive qualification in one or more of the following lines of insurance:

 

(a)Life;

 

(b)Accident and health or sickness;

 

(c)Property;

 

(d)Casualty;

 

(e)Variable life and variable annuity products;

 

(f)Bail bonds;

 

(g)Surplus lines; and

 

(h)One or more of the following limited lines of insurance:

 

(1)Credit;

 

(2)Car rental;

 

(3)Crop;

 

(4)Surety;

 

(5)Travel;

 

(6)A line of insurance the Commissioner recognizes as a limited line of insurance for the purposes of complying with Section 8(e) of the Producer Licensing Act of 2002, effective March 27, 2003 (D.C. Law 14-264; D.C. Official Code § 31-1131.08(e) (2001)).

 

100.3(a)An applicant for a resident producer license shall:

 

(i) Submit a properly completed application and pay the required fee as provided in Section 105 of this chapter;

 

(ii) Have passed the written examination required by D.C. Official Code § 31-1131.05 with a minimum score of 70, and within one (1) year of submitting an application; and

 

(iii) Comply with the procedures established by the service provider selected by the Commissioner to administer the examination and collect the non-refundable fee applicable thereto.

 

(b) If an applicant fails to submit an application within one (1) year of passing the written examination as required by this subsection, the examination score shall be deemed invalid and the applicable fee shall be forfeited.

 

(c) An applicant whose examination score is determined to be invalid under paragraph (b) of this subsection may reapply for the examination.

 

100.4An applicant who is a non-resident of the District shall submit a properly completed application and shall hold a valid license, issued by the applicant’s home state, that authorizes the applicant to transact insurance business in the lines of insurance for which application is made.

 

100.5A business entity applying for a producer license with major lines of authority shall:

 

(a)Have at least one individual affiliated with the business entity with the same lines of authority being requested in the application.

 

(b)Have an individual producer license for every officer, director, employee, and shareholder who personally engages in selling, soliciting or negotiating policies of insurance.

 

100.6A business entity applying for a producer license with limited lines authority shall have at least one individual affiliated with the business entity with the same lines of authority being requested in the application.

 

100.7An employee or representative of a limited lines business entity shall be authorized to offer, sell, or solicit limited lines insurance under the authority of the limited lines business entity's limited lines producer license if all of the following conditions have been satisfied:

 

(a)The employee or representative is 18 years of age or older; and

 

(b)The employee or representative has completed a training and education program.

 

100.8A limited lines business entity is responsible for all actions of its employees and representatives relating to the offering, sale or solicitation of limited lines insurance. The conduct of an employee or a representative related to insurance shall be deemed to be the conduct of the business entity producer for purposes of this regulation.

 

100.9Each limited lines Business Entity shall provide a training and education program for each employee or representative prior to allowing such person to offer, sell or solicit limited lines insurance which shall meet the following minimum standards:

 

(a)Include instruction about the kinds of insurance specified in the regulation that are offered for sale; and

 

(b)Provide training about the requirements and limitations imposed on limited lines producers and employees.

 

(c)Limited lines car rental training shall include specific instruction on the law which prohibits an employee from making any statement or engaging in any conduct, express or implied, that would lead a consumer to believe:

 

(1)That the purchase of rental car insurance is required in order for the renter to rent a motor vehicle;

 

(2)That the renter does not have insurance policies in place that already provide the coverage being offered by the rental car company; and

 

(3)That the employee/agent is qualified to evaluate the adequacy of the renter's existing coverage as it relates to rental.

 

100.10A person shall not be issued a license in the bail bonds or surplus lines line of insurance unless the person holds, or is simultaneously issued, a license in the property or casualty line of insurance.

 

authority

Section 18 of the Producer Licensing Act of 2002, effective March 27, 2003 (D.C. Law 14-264; D.C. Official Code § 31-1131.18 (2012 Repl.)).

source

Final Rulemaking published at 50 DCR 10371 (December 5, 2003); as amended by Final Rulemaking published at 56 DCR 61 (January 2, 2009); as amended by Final Rulemaking published at 60 DCR 13600 (October 4, 2013).