UT Code § 31A-23a-201 (2021)
2021 Utah Code|Title 31A - Insurance Code|Chapter 23a - Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries|Part 2 - Producers and Consultants|Section 201 - Exceptions to producer licensing.

 Effective 5/5/2021  31A-23a-201. Exceptions to producer licensing.    (1) The commissioner may not require a license as an insurance producer of:   (a) an officer, director, or employee of an insurer or of an insurance producer if:   (i) the officer, director, or employee does not receive any commission on a policy written or sold to insure risks residing, located, or to be performed in this state; and     (ii)   (A) the officer's, director's, or employee's activities are:   (I) executive, administrative, managerial, clerical, or a combination of these activities; and     (II) only indirectly related to the sale, solicitation, or negotiation of insurance;       (B) the officer's, director's, or employee's function relates to:   (I) underwriting;     (II) loss control;     (III) inspection; or     (IV) the processing, adjusting, investigating or settling of a claim on a contract of insurance; or       (C)   (I) the officer, director, or employee is acting in the capacity of a special agent or agency supervisor assisting an insurance producer;     (II) the officer's, director's, or employee's activities are limited to providing technical advice and assistance to a licensed insurance producer; and     (III) the officer's, director's, or employee's activities do not include the sale, solicitation, or negotiation of insurance;           (b) a person who:   (i) is paid no commission for the services described in Subsection (1)(b)(ii); and     (ii) secures and furnishes information for the purpose of:   (A) group life insurance;     (B) group property and casualty insurance;     (C) group annuities;     (D) a group insurance policy offering accident and health insurance or a blanket insurance policy offering accident and health insurance;     (E) enrolling individuals under plans;     (F) issuing certificates under plans; or     (G) otherwise assisting in administering plans;         (c) a person who:   (i) is paid no commission for the services described in Subsection (1)(c)(ii); and     (ii) performs administrative services related to mass marketed property and casualty insurance;       (d)   (i) any of the following if the conditions of Subsection (1)(d)(ii) are met:   (A) an employer or association; or     (B) an officer, director, employee, or trustee of an employee trust plan;       (ii) a person listed in Subsection (1)(d)(i):   (A) to the extent that the employer, officer, employee, director, or trustee is engaged in the administration or operation of a program of employee benefits for:   (I) the employer's or association's own employees; or     (II) the employees of a subsidiary or affiliate of an employer or association;       (B) the program involves the use of insurance issued by an insurer; and     (C) the employer, association, officer, director, employee, or trustee is not in any manner compensated, directly or indirectly, by the company issuing the contract;         (e) an employee of an insurer or organization employed by an insurer who:   (i) is engaging in:   (A) the inspection, rating, or classification of risks; or     (B) the supervision of the training of insurance producers; and       (ii) is not individually engaged in the sale, solicitation, or negotiation of insurance;       (f) a person whose activities in this state are limited to advertising:   (i) without the intent to solicit insurance in this state;     (ii) through communications in mass media including:   (A) a printed publication; or     (B) a form of electronic mass media;       (iii) that is distributed to residents outside of the state; and     (iv) if the person does not sell, solicit, or negotiate insurance that would insure risks residing, located, or to be performed in this state;       (g) a person who:   (i) is not a resident of this state;     (ii) sells, solicits, or negotiates a contract of insurance:   (A) for commercial property and casualty risks to an insured with risks located in more than one state insured under that contract; and     (B) insures risks located in a state in which the person is licensed as provided in Subsection (1)(g)(iii); and       (iii) is licensed as an insurance producer to sell, solicit, or negotiate that insurance in the state where the insured maintains its principal place of business; or       (h) if the employee does not sell, solicit, or receive a commission for a contract of insurance, a salaried full-time employee who counsels or advises the employee's employer relating to the insurance interests of:   (i) the employer; or     (ii) a subsidiary or business affiliate of the employer.         (2) The commissioner may by rule exempt a class of persons from the license requirement of Subsection 31A-23a-103(1) if:   (a) the functions performed by the class of persons does not require:   (i) special competence;     (ii) special trustworthiness; or     (iii) regulatory surveillance made possible by licensing; or       (b) other existing safeguards make regulation unnecessary.      Amended by Chapter 252, 2021 General Session