Section 26-A107. APPROVAL OF INSURANCE EDUCATION PROGRAMS AND PROVIDERS

 

107.1Professional or proprietary schools, insurance companies and other organizations that establish programs for the teaching of insurance courses to satisfy the continuing education requirements under this chapter shall, prior to conducting such courses, obtain approval in accordance with this section.

 

107.2Except as provided in subsection 107.4, an applicant for approval of an insurance education program shall, on a form prescribed by the Commissioner, furnish the following information:

 

(a)The name of the program and the address of the permanent program office;

 

(b)The name and address of the sponsoring organization if any;

 

(c)The name of the program director or directors, and all professional licenses held by each individual;

 

(d)Repealed;

 

(e)The address of any permanent classroom or classrooms to be used by the program; and

 

(f)Any other information that may be required by the Commissioner to determine whether the program meets the requirements for approval.

 

107.3An applicant for approval of an insurance education program shall:

 

(a)Comply with all federal and District laws, including laws regarding discrimination based on sex, race, religion, age, physical disability, sexual orientation, or national origin; and

 

(b)Certify that each instructor:

 

(1)Is experienced and qualified for the course being taught; and

 

(2)Meets one of the following standards:

 

(A)The instructor has been engaged in the insurance business, or has served as an insurance education instructor, for at least three (3) years;

 

(B)The instructor is a member of the bar of any state or the District and is engaged in an area of the law related to insurance; or

 

(C)The instructor is a certified public accountant licensed in any state or the District and is engaged in a practice related to insurance.

 

107.4An accredited institution of higher education such as a college, university, community or junior college, seeking initial approval or re-approval of insurance courses to satisfy the requirements for continuing education set forth in this chapter shall submit its application for approval on a form prescribed by the Commissioner. The institution shall provide the following information:

 

(a)Name of the department within the institution, that is offering the courses;

 

(b)Course numbers and titles;

 

(c)Method of instruction for each course;

 

(d)A detailed outline for each course, with the specific number of classroom hours allocated for each topic described in Appendices 1, 2, 3, and 4;

 

(e)A current class catalog for the institution; and

 

(f)Any other information that may be required by the Commissioner to determine whether the courses meet the requirements for approval.

 

107.5An inspection of the program office and any permanent classroom facility, or an investigation of the program provider and its instructors, may be conducted, with or without advance notice, by the Commissioner or his or her representative. Such inspection or investigation shall be at the expense of the program provider, and may be based on any of the following:

 

(a)Information obtained from state, federal or international agencies, and other interested parties;

 

(b)Information obtained as the result of a public hearing held by the Commissioner;

 

(c)Information furnished by a producer or an applicant seeking licensure as a producer; or

 

(d)Any information the Commissioner deems relevant and sufficient to warrant such inspection or investigation.

 

107.6If the application is in proper form and the applicable requirements of this section are met, the Commissioner shall issue a certificate of approval, which shall contain the effective date and expiration date of the approval.

 

107.7The Commissioner shall issue a decision regarding the approval, or denial of approval, of an insurance education program within sixty (60) days of the receipt of a completed application. An approval granted pursuant to this section shall expire two (2) years from the date of issuance.

 

107.7aThe Commissioner shall approve only courses that impart substantive and procedural knowledge relating to the insurance field. The following courses shall not be approved:

 

(a)A prelicensing education course;

 

(b)A course designed to prepare a person for a license examination;

 

(c)A course in mechanical, office or business skills, including typing, speed reading, or the use of calculators or other machines or equipment;

 

(d)A course in sales promotion;

 

(e)A course in motivation, salesmanship, stress management, time management, psychology, communication, or writing; or

 

(f)A course relating to office management, client relations, or improving the operation of the licensee’s business.

 

107.7bThe Commissioner may grant approval for courses approved by the insurance regulatory agency in another state provided the course meets the requirement of subsection 107.7a, or the state accords reciprocity in accordance with the National Association of Insurance Commissioners Continuing Education Reciprocity process.

 

107.7cThe Commissioner shall determine the number of credit hours to be assigned to each course. In general, one credit hour shall be assigned for each fifty (50) minutes of classroom instruction. The number of approved credit hours shall not include time spent on meals, breaks, or other unrelated activities.

 

107.8Within ten (10) days of a change to an approved course, an insurance education provider shall notify the Commissioner of such change.

 

107.9Each approved insurance education program shall use knowledgeable and competent instructors to teach all courses. An instructor shall not have had his or her District insurance license revoked and shall, in the opinion of the Commissioner, be otherwise of good character and reputation.

 

107.10Repealed.

 

107.11Each approved insurance education program shall maintain the following items for three (3) years:

 

(a)The records of each student, including the name (s) of the course or courses taken;

 

(b)Proof that the final examination for the course, if required, was passed; and

 

(c)Copies of all final examinations administered, and education certificates issued to students completing the program.

 

107.12The sponsor or director of an approved education program shall provide the Commissioner with information regarding the date, time, and place of any scheduled continuing education course to permit class to be monitored by the Commissioner or his or her representative.

 

107.13A sponsor or director shall not advertise a course as having been approved unless the Commissioner has approved the course in writing. A sponsor or director shall prominently display the number of hours for which a course has been approved on any advertisements for the course. If an advertisement is published before course approval, or the course being sponsored is not eligible for approval, a statement to that effect shall be included in the advertisement.

 

107.14Advertising shall not be deceptive or misleading. Upon written request by a sponsor or director, the Commissioner shall grant permission to the sponsor or director to use the term "approval pending" if the:

 

(a)Term "approval pending" is clearly visible in any advertisement of the course; and

 

(b)Course has been submitted to the Commissioner for approval in accordance with section 107.

 

107.15 Sponsors and directors shall provide that fees for courses are reasonable and clearly identified in any advertisement for the course. If a course is cancelled for any reason, the sponsor or director shall refund all fees within thirty (30) days of the cancellation, or, at the request of the license holder, shall transfer the fee to another course offered by the sponsor or director. A sponsor or director shall have a refund policy that addresses a license holder's cancellation or failure to complete a course.

 

source

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