reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XIII - COMMERCE › Chapter 521I - DIVISION OF DOMESTIC STOCK INSURERS › Section 521I.4 - Plan of division — dividing insurer not to survive division.

521I.4 Plan of division — dividing insurer not to survive division.
If a dividing insurer will not survive a division, the plan of division shall include, in addition to the requirements pursuant to section 521I.2, the manner in which the dividing insurer will cancel or convert shares in the dividing insurer’s shares into shares, securities, obligations, money, other property, rights to acquire shares or securities, or any combination thereof.
2019 Acts, ch 20, §4
2023 Iowa Code › Title XIII - COMMERCE › Chapter 521I - DIVISION OF DOMESTIC STOCK INSURERS › Section 521I.5 - Amending plan of division.

521I.5 Amending plan of division.
1. A dividing insurer may amend the dividing insurer’s plan of division in accordance with any procedures set forth in the plan of division, or if no such procedures are set forth in the plan of division, in a manner determined by the board of directors of the dividing insurer. A shareholder that is entitled to vote on or consent to approval of the plan of division shall be entitled to vote on or consent to an amendment of the plan of division that will affect any of the following:
a. The amount or kind of shares, securities, obligations, money, other property, rights to acquire shares or securities, or any combination thereof to be received by any of the shareholders of the dividing insurer under the plan of division.
b. The articles of incorporation or bylaws of any resulting insurer that become effective when the division becomes effective except for changes that do not require approval of the shareholders of the resulting insurer under such articles of incorporation or bylaws.
c. Any other terms or conditions of the plan of division if the change may adversely affect the shareholders in any material respect.
2. A dividing insurer shall not amend the dividing insurer’s plan of division after the plan of division becomes effective under section 521I.10, subsection 2.
3. A dividing insurer shall not amend the dividing insurer’s plan of division after the plan of division is approved by the commissioner under section 521I.8.
2019 Acts, ch 20, §5; 2020 Acts, ch 1063, §293
2023 Iowa Code › Title XIII - COMMERCE › Chapter 521I - DIVISION OF DOMESTIC STOCK INSURERS › Section 521I.6 - Abandoning plan of division.

521I.6 Abandoning plan of division.
1. A dividing insurer may abandon the dividing insurer’s plan of division in any of the following circumstances:
a. After the dividing insurer has approved the plan of division without any action by the shareholders and in accordance with any procedures set forth in the plan of division, or if no such procedures are set forth in the plan of division, in a manner determined by the board of directors of the dividing insurer.
b. After the dividing insurer has filed a certificate of division with the secretary of state pursuant to section 521I.10, the dividing insurer may file a signed certificate of abandonment with the secretary of state and file a copy with the commissioner. The certificate of abandonment shall be effective on the date the certificate of abandonment is filed with the secretary of state.
2. A dividing insurer shall not abandon the dividing insurer’s plan of division after the plan of division becomes effective under section 521I.10, subsection 2.
3. If a dividing insurer elects to abandon the dividing insurer’s plan of division, the dividing insurer shall notify the commissioner.
2019 Acts, ch 20, §6; 2020 Acts, ch 1063, §294
2023 Iowa Code › Title XIII - COMMERCE › Chapter 521I - DIVISION OF DOMESTIC STOCK INSURERS › Section 521I.7 - Approval of plan of division — articles of incorporation and bylaws.

521I.7 Approval of plan of division — articles of incorporation and bylaws.
1. A dividing insurer shall not file a plan of division with the commissioner until such plan of division has been approved in accordance with all provisions of the dividing insurer’s articles of incorporation and bylaws. If the dividing insurer’s articles of incorporation and bylaws do not provide for approval of a plan of division, the dividing insurer shall not file the plan of division with the commissioner unless such plan of division has been approved in accordance with all provisions of the dividing insurer’s articles of incorporation and bylaws that provide for approval of a merger.
2. If a provision of a dividing insurer’s articles of incorporation or bylaws adopted before July 1, 2019, requires that a specific number of or a percentage of the board of directors or shareholders propose or adopt a plan of merger or impose other procedures for the proposal or adoption of a plan of merger, the dividing insurer shall adhere to such provision in proposing or adopting a plan of division. If any such provision of the articles of incorporation or bylaws is amended on or after July 1, 2019, the amended provision shall apply to a division occurring after adoption of the amendment only in accordance with the express terms of the provision as amended.
2019 Acts, ch 20, §7; 2020 Acts, ch 1063, §295
Referred to in §521I.8
2023 Iowa Code › Title XIII - COMMERCE › Chapter 521I - DIVISION OF DOMESTIC STOCK INSURERS › Section 521I.9 - Confidentiality.

521I.9 Confidentiality.
A dividing insurer may submit a written request to the commissioner that confidentiality be maintained regarding all business, financial, actuarial, and other proprietary information submitted to, obtained by, or disclosed to the commissioner in connection with the dividing insurer’s plan of division. The commissioner shall make a determination regarding the dividing insurer’s request prior to issuing a notice of a public hearing pursuant to section 521I.8, subsection 2. If the commissioner grants the dividing insurer’s request in whole or in part, such information as the commissioner determines shall remain confidential, shall not be available for public inspection, and shall not be subject to chapter 22. The plan of division shall not be confidential and shall be available for public inspection.
2019 Acts, ch 20, §9
2023 Iowa Code › Title XIII - COMMERCE › Chapter 521I - DIVISION OF DOMESTIC STOCK INSURERS › Section 521I.10 - Certificate of division.

521I.10 Certificate of division.
1. If the commissioner approves a dividing insurer’s plan of division pursuant to section 521I.8, an officer or duly authorized representative of the dividing insurer shall sign a certificate of division that sets forth all of the following:
a. The name of the dividing insurer.
b. A statement disclosing whether the dividing insurer survived the division. If the dividing insurer survived the division, the certificate of division shall include any amendments to the dividing insurer’s articles of incorporation or bylaws as approved as part of the plan of division.
c. The name of each resulting insurer that is created by the division.
d. The date on which the division is effective.
e. A statement that the division was approved by the commissioner under section 521I.8.
f. A statement that the dividing insurer provided reasonable notice to each reinsurer that is a party to a reinsurance contract allocated in the plan of division.
g. The resulting insurer’s articles of incorporation and bylaws for each resulting insurer created by the division. The articles of incorporation and bylaws of each resulting insurer must comply with the applicable requirements of the laws of this state. The articles of incorporation and bylaws may state the name or address of an incorporator, may be signed, and may include any provision that is not required in a restatement of the articles of incorporation or bylaws.
h. A reasonable description of the capital, surplus, other assets and liabilities, including policy liabilities, of the dividing insurer that are to be allocated to each resulting insurer.
2. A dividing insurer’s certificate of division is effective on the date the dividing insurer files the certificate with the secretary of state and provides a concurrent copy to the commissioner, or on another date as specified in the plan of division, whichever is later. However, the certificate of division shall become effective not later than ninety calendar days after it is filed with the secretary of state. A division shall be effective when the relevant certificate of division is effective.
2019 Acts, ch 20, §10
Referred to in §521.19, 521I.5, 521I.6, 521I.11
2023 Iowa Code › Title XIII - COMMERCE › Chapter 521I - DIVISION OF DOMESTIC STOCK INSURERS › Section 521I.13 - Shareholder appraisal rights.

521I.13 Shareholder appraisal rights.
If a dividing insurer does not survive a division, an objecting shareholder of the dividing insurer is entitled to appraisal rights and to obtain payment of the fair value of such shareholder’s shares in the same manner and to the extent provided for a corporation as a party to a merger pursuant to section 490.1302.
2019 Acts, ch 20, §13
Referred to in §521I.11
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522 - INSURER RISK AND SOLVENCY ASSESSMENTS › Section 522.1 - Purpose and scope — legislative intent.

522.1 Purpose and scope — legislative intent.
1. The purpose of this chapter is to require insurers to maintain a risk management framework and complete an own risk and solvency assessment and to provide guidance and instructions for the filing of own risk and solvency assessment reports with the commissioner.
2. The general assembly finds and declares that own risk and solvency assessment summary reports will contain confidential and sensitive information related to an insurer’s or insurance group’s identification of risks material and relevant to the insurer or insurance group filing the report. This information will include proprietary and trade secret information that has the potential for harm and competitive disadvantage to the insurer or insurance group if the information is made public. It is the intent of the general assembly that own risk and solvency assessment summary reports filed with the commissioner are confidential documents, shall be shared only as provided in this chapter and to assist the commissioner in the performance of the commissioner’s duties, and shall not be subject to public disclosure.
2013 Acts, ch 40, §1, 11
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522 - INSURER RISK AND SOLVENCY ASSESSMENTS › Section 522.2 - Definitions.

522.2 Definitions.
1. “Affiliate”, or a person affiliated with a specific person, means the same as defined in section 521A.1.
2. “Commissioner” means the Iowa commissioner of insurance.
3. “Insurance group” means the insurers and affiliates included within an insurance holding company system as defined in section 521A.1.
4. “Insurer” means the same as defined in section 521A.1.
5. “Own risk and solvency assessment” or “assessment” means a confidential internal assessment, appropriate to the nature, scale, and complexity of an insurer or insurance group, that is conducted by that insurer or insurance group, of the material and relevant risks associated with the insurer or insurance group’s current business plan, and the sufficiency of capital resources to support those risks.
6. “Own risk and solvency assessment guidance manual” or “guidance manual” means the current version of the own risk and solvency assessment guidance manual developed and adopted by the national association of insurance commissioners and amended from time to time. A change in the guidance manual is effective and applicable to this chapter on January 1 following the calendar year in which the change was adopted by the national association of insurance commissioners.
7. “Own risk and solvency assessment summary report” or “summary report” means a confidential high-level summary of the own risk and solvency assessment conducted by an insurer or insurance group.
8. “Supervisory college” means a temporary or permanent forum for communication and cooperation between regulators charged with supervision of an insurer or its affiliates.
2013 Acts, ch 40, §2, 11
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522 - INSURER RISK AND SOLVENCY ASSESSMENTS › Section 522.3 - Risk management framework.

522.3 Risk management framework.
An insurer shall maintain a risk management framework to assist the insurer with identifying, assessing, monitoring, managing, and reporting on the insurer’s material and relevant risks. This requirement is satisfied if the insurance group of which the insurer is a member maintains a risk management framework applicable to the operations of the insurer.
2013 Acts, ch 40, §3, 11
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522 - INSURER RISK AND SOLVENCY ASSESSMENTS › Section 522.4 - Own risk and solvency assessment requirement.

522.4 Own risk and solvency assessment requirement.
1. Subject to section 522.6, an insurer, or the insurance group of which the insurer is a member, shall regularly conduct an own risk and solvency assessment consistent and comparable with the assessment process contained in the own risk and solvency assessment guidance manual.
2. An own risk and solvency assessment shall be conducted at least annually, but an assessment shall also be conducted at any time when there are significant changes to the risk profile of an insurer or the insurance group of which the insurer is a member.
2013 Acts, ch 40, §4, 11
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522 - INSURER RISK AND SOLVENCY ASSESSMENTS › Section 522.5 - Own risk and solvency assessment summary report.

522.5 Own risk and solvency assessment summary report.
1. a. Beginning in 2015, an insurer shall annually submit to the commissioner an own risk and solvency assessment summary report or any combination of reports that together contain the information described in the own risk and solvency assessment guidance manual that is applicable to the insurer or the insurance group of which the insurer is a member.
b. If the insurer is a member of an insurance group, the insurer shall submit the report or reports required by this section to the state commissioner that is the lead state commissioner of the insurance group of which the insurer is a member, as determined by the procedures contained in the financial analysis handbook adopted by the national association of insurance commissioners.
c. The own risk and solvency assessment summary report shall be filed after the insurer or the insurance group of which the insurer is a member conducts the insurer’s or insurance group’s strategic planning process. The insurer or insurance group shall notify the commissioner as to the date that the summary report will be filed.
2. The own risk and solvency assessment summary report shall include the signature of the insurer’s or insurance group’s chief risk officer or another executive having responsibility for the oversight of the insurer’s enterprise risk management process, attesting that to the best of that person’s belief and knowledge the insurer applies the enterprise risk management process described in the summary report and that a copy of the summary report has been provided to the insurer’s or insurance group’s board of directors or the appropriate committee of that board.
3. An insurer may comply with subsection 1 by submitting the most recent and substantially similar report provided by the insurer or another member of the insurance group of which the insurer is a member to the commissioner of insurance of another state or to a supervisor or regulator of a foreign jurisdiction, if that report provides information that is comparable to the information described in the own risk and solvency assessment guidance manual. Any such report that is submitted in a language other than English must be accompanied by a translation of that report into the English language.
2013 Acts, ch 40, §5, 11
Referred to in §522.6, 522.9
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522 - INSURER RISK AND SOLVENCY ASSESSMENTS › Section 522.7 - Contents of own risk and solvency assessment summary report.

522.7 Contents of own risk and solvency assessment summary report.
1. The own risk and solvency assessment summary report shall be prepared consistent with the own risk and solvency assessment guidance manual, subject to the requirements of subsection 2. Documentation and supporting information shall be maintained and made available upon examination of an insurer or upon request of the commissioner.
2. The review of an own risk and solvency assessment summary report, and any additional requests for information, shall be made using procedures similar to the procedures currently used in the analysis and examination of multistate or global insurers and insurance groups.
2013 Acts, ch 40, §7, 11
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522 - INSURER RISK AND SOLVENCY ASSESSMENTS › Section 522.9 - Penalties.

522.9 Penalties.
1. If an insurer fails, without just cause, to file an own risk and solvency assessment summary report by the filing date stipulated to the commissioner pursuant to section 522.5, subsection 1, paragraph “c”, the commissioner shall, after notice and hearing, impose a penalty of five hundred dollars for each calendar day after the stipulated date that the summary report is not filed. The penalties shall be collected by the commissioner and deposited pursuant to section 505.7. The maximum penalty which may be imposed under this section is fifty thousand dollars.
2. The commissioner may reduce the penalty to be imposed if the insurer demonstrates to the commissioner that imposition of the penalty would constitute a financial hardship to the insurer.
2013 Acts, ch 40, §9, 11; 2021 Acts, ch 181, §33
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522 - INSURER RISK AND SOLVENCY ASSESSMENTS › Section 522.10 - Severability.

522.10 Severability.
If any provision of this chapter, or the application of this chapter to any person or circumstance, is held invalid, such holding shall not affect the provisions or applications of this chapter which can be given effect without the invalid provision or application, and to that end the provisions of this chapter are severable.
2013 Acts, ch 40, §10, 11
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522A - SALE OF INSURANCE BY VEHICLE RENTAL COMPANIES › Section 522A.1 - Purpose.

522A.1 Purpose.
The purpose of this chapter is to provide for the limited licensing of rental companies when a motor vehicle rental company sells travel or automobile-related insurance products or coverage in connection with and incidental to the rental of vehicles.
99 Acts, ch 143, §1
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522A - SALE OF INSURANCE BY VEHICLE RENTAL COMPANIES › Section 522A.2 - Definitions.

522A.2 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Commissioner” means the commissioner of insurance appointed pursuant to section 505.2.
2. “Counter employee” means any employee at least eighteen years of age employed by a rental company that offers the products described in this chapter.
3. “Limited licensee” means a person at least eighteen years of age or an entity authorized to sell certain insurance coverages relating to the rental of vehicles.
4. “Rental agreement” means any written agreement setting forth the terms and conditions governing the use of a vehicle provided by a rental company for rental.
5. “Rental company” means any person or entity in the business of primarily providing vehicles intended for the private transportation of passengers to the public under a rental agreement for a period not to exceed ninety days.
6. “Rental period” means the term of the rental agreement.
7. “Renter” means any person obtaining the use of a vehicle from a rental company under the terms of a rental agreement for a period not to exceed ninety days.
8. “Vehicle” means a motor vehicle under section 321.1 used for the private transportation of passengers, including passenger vans, minivans, and sport utility vehicles, or used for the transportation of cargo with a gross vehicle weight of less than twenty-six thousand and one pounds and not requiring the operator to possess a commercial driver’s license, including cargo vans, pickup trucks, and trucks.
99 Acts, ch 143, §2
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522A - SALE OF INSURANCE BY VEHICLE RENTAL COMPANIES › Section 522A.5 - Fees.

522A.5 Fees.
The fee for a counter employee license shall be fifty dollars per counter employee. In no case shall any combined fees exceed one thousand dollars in any calendar year for any one rental company or limited license or licensee or renewal license. The fees collected under this section shall be deposited as provided in section 505.7.
99 Acts, ch 143, §5; 2009 Acts, ch 181, §89
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522A - SALE OF INSURANCE BY VEHICLE RENTAL COMPANIES › Section 522A.6 - Vendor qualifications.

522A.6 Vendor qualifications.
If a qualified vendor is available, the commissioner shall utilize the qualified vendor closest in proximity to where the counter employee is employed to meet the requirements in section 522A.3. A vendor shall have at least two years teaching experience relating to the topic of the products described in this chapter. For purposes of this section, the commissioner may approve a rental company that meets the requirements of this section as a qualifying vendor to administer the requirements in section 522A.3.
99 Acts, ch 143, §6
Referred to in §522A.3
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522B - LICENSING OF INSURANCE PRODUCERS › Section 522B.2 - License required.

522B.2 License required.
1. A person shall not sell, solicit, or negotiate insurance in this state for any line of insurance unless the person is licensed as an insurance producer for that line of insurance as provided in this chapter.
2. A person offering to the public, for a fee or commission, to engage in the business of offering any advice, counsel, or service with respect to the benefits, advantages, or disadvantages promised under any policy of insurance must also be licensed as an insurance producer.
2001 Acts, ch 16, §16, 37
Referred to in §522B.17A
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522B - LICENSING OF INSURANCE PRODUCERS › Section 522B.4 - Application for examination.

522B.4 Application for examination.
1. A resident individual applying for an insurance producer license shall pass a written examination unless exempt pursuant to section 522B.8. The examination shall test the knowledge of the individual concerning the lines of authority for which application is made, the duties and responsibilities of an insurance producer, and the insurance laws and regulations of this state. The commissioner shall adopt rules pursuant to chapter 17A related to development and conduct of the examination.
2. The commissioner may make arrangements, including contracting with an outside testing service or other appropriate entity, for administering examinations and collecting fees.
3. An individual applying for an examination shall remit a nonrefundable fee as established by rule of the commissioner.
4. An individual who fails to appear for the examination as scheduled or fails to pass the examination shall reapply for an examination and remit all required fees and forms before being rescheduled for another examination.
2001 Acts, ch 16, §18, 37
Referred to in §522B.6
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522B - LICENSING OF INSURANCE PRODUCERS › Section 522B.5 - Application for license.

522B.5 Application for license.
1. A person applying for a resident insurance producer license shall make application to the commissioner on the uniform application, meet all requirements pursuant to section 522B.5A, and declare under penalty of refusal, suspension, or revocation of the license that all statements made in the application are true, correct, and complete to the best of the individual’s knowledge and belief. Before approving the application, the commissioner shall find all of the following:
a. The individual is at least eighteen years of age.
b. The individual has not committed any act that is a ground for denial, suspension, or revocation as set forth in section 522B.11.
c. The individual has paid the license fee of fifty dollars.
d. The individual has successfully passed the examinations for the lines of authority for which the person has applied.
e. In order to protect the public interest, the individual has the requisite character and competence to receive a license as an insurance producer.
2. A business entity acting as an insurance producer may elect to obtain an insurance producer license. Application shall be made using the uniform business entity application. Prior to approving the application, the commissioner shall find both of the following:
a. The business entity has paid the appropriate fees.
b. The business entity has designated a licensed producer responsible for the business entity’s compliance with the insurance laws and rules of this state.
3. The commissioner may require any documents reasonably necessary to verify the information contained in an application.
4. Fees collected under this section shall be deposited as provided in section 505.7.
2001 Acts, ch 16, §19, 37; 2009 Acts, ch 181, §90; 2020 Acts, ch 1016, §6
Referred to in §522B.6, 522B.8, 522B.10
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522B - LICENSING OF INSURANCE PRODUCERS › Section 522B.5A - Criminal history check.

522B.5A Criminal history check.
1. In determining eligibility for licensure, the commissioner is authorized to require an applicant pursuant to subsection 2 to provide to the commissioner the applicant’s fingerprints and reasonable fees required to perform a state criminal history check through the department of public safety, division of criminal investigation, and a national criminal history check through the federal bureau of investigation. By submitting such fingerprints, the applicant authorizes the commissioner to do all of the following:
a. Submit the applicant’s fingerprints to the department of public safety, division of criminal investigation, for submission to the federal bureau of investigation for the purpose of conducting a national criminal history check.
b. Receive the results of the state and national criminal history checks.
2. The commissioner is authorized to require a state and national criminal history check on each applicant that applies for any of the following:
a. An initial license in Iowa as a resident insurance producer.
b. An initial license or an additional line of authority under a nonresident insurance producer license if a state and national criminal history check has not already been completed.
c. A renewal, reinstatement, or reissuance of a license if the license of a producer has been revoked or suspended pursuant to section 522B.11, the license of a public adjuster has been revoked or suspended pursuant to section 522C.6, or the license of a viatical settlement provider or viatical settlement broker has been revoked or suspended pursuant to section 508E.4.
d. An initial license as a viatical settlement provider or viatical settlement broker in this state.
e. An initial license as a public adjuster in this state.
3. The commissioner shall require an applicant pursuant to subsection 2 to submit a full set of fingerprints and any other required identifying information to the commissioner on a form prescribed by the department of public safety.
4. The commissioner may contract with a third-party vendor for the collection and transmission of an applicant’s fingerprints for the purpose of conducting a state and national criminal history check. The commissioner may agree to reasonable fees to be charged by the third-party vendor and may require such reasonable fees to be paid by the applicant directly to the third-party vendor.
5. The results of a criminal history check conducted pursuant to this section shall not be considered a public record pursuant to chapter 22. An applicant’s fingerprints and any criminal history check information shall not be subject to subpoena, other than a subpoena issued in a criminal action or investigation, shall be confidential by law and privileged, and shall not be subject to discovery or be admissible in evidence in a private civil action.
2020 Acts, ch 1016, §7
Referred to in §508E.3, 522B.5, 522B.10, 522C.5
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522B - LICENSING OF INSURANCE PRODUCERS › Section 522B.7 - Nonresident licensing.

522B.7 Nonresident licensing.
1. Unless denied licensure pursuant to section 522B.11, a nonresident person shall receive a nonresident insurance producer license if all of the following apply:
a. The person is currently licensed as an insurance producer and is in good standing in the person’s home state.
b. The person has submitted the proper request for licensure and has paid the required fees.
c. The person has submitted or transmitted to the commissioner the application for licensure that the person submitted to the person’s home state, or in lieu of such application, a completed uniform application.
d. The person’s home state awards nonresident insurance producer licenses to residents of this state on the same basis.
2. The commissioner may verify the insurance producer’s licensing status through the producer database.
3. A nonresident insurance producer who moves from one state to another state or a resident insurance producer who moves from this state to another state shall file a change of address and provide certification from the new resident state within thirty days of the change of legal residence. No fee or license application is required. The certification may be obtained through the producer database.
4. Notwithstanding any other provision of this chapter, a person licensed as a limited lines insurance producer in the person’s home state shall receive a nonresident limited lines insurance producer license, pursuant to subsection 1, granting the same scope of authority as granted under the license issued by such person’s home state.
2001 Acts, ch 16, §21, 37
Referred to in §522B.1, 522B.10, 522B.15
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522B - LICENSING OF INSURANCE PRODUCERS › Section 522B.8 - Exemption from examination.

522B.8 Exemption from examination.
1. An individual who applies for an insurance producer license in this state who was previously licensed for the same lines of authority in another state shall not be required to complete an examination. This exemption is only available if the person is currently licensed in that other state or if the request for licensure is received within ninety days of the cancellation of the applicant’s previous license and if the prior state issues a certification that, at the time of cancellation, the applicant was in good standing in that state. The certification may be obtained through the producer database.
2. A person licensed as an insurance producer in another state who moves to this state shall make application within ninety days of establishing legal residence to become a resident licensee pursuant to section 522B.5. An examination shall not be required of that person to obtain an insurance producer license for any line of authority previously held in the prior state except where the commissioner determines otherwise by regulation.
2001 Acts, ch 16, §22, 37
Referred to in §522B.4
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522B - LICENSING OF INSURANCE PRODUCERS › Section 522B.10 - Temporary licensing.

522B.10 Temporary licensing.
1. The commissioner may issue a temporary insurance producer license for a period not to exceed one hundred eighty days without requiring an examination if the commissioner deems that the temporary license is necessary for the servicing of an insurance business in the following cases:
a. To the surviving spouse or court-appointed personal representative of a licensed insurance producer who dies or becomes mentally or physically disabled, to allow adequate time for the sale of the insurance business owned by the insurance producer, for the recovery or return of the insurance producer to the business, or for the training and licensing of new personnel to operate the insurance producer’s business.
b. To a member or employee of a business entity licensed as an insurance producer, upon the death or disability of an individual designated in the business entity application or the license.
c. To the designee of a licensed insurance producer entering active service in the armed forces of the United States.
d. In any other circumstance where the commissioner deems that the public interest will best be served by the issuance of a temporary license.
e. To an applicant for a resident insurance producer license who has met all of the requirements under section 522B.5, subsection 1, and who has not been issued a resident insurance producer license within ten business days from the date that the applicant submitted fingerprints and any other required identifying information to the commissioner pursuant to section 522B.5A, subsection 3.
f. To an applicant for a nonresident insurance producer license that has met all of the requirements under section 522B.7 and that has not been issued a nonresident insurance producer license within ten business days from that date that the applicant submitted fingerprints and any other required identifying information to the commissioner pursuant to section 522B.5A, subsection 3.
2. The commissioner may by order limit the authority of any temporary licensee in any way deemed necessary to protect insureds and the public. The commissioner may require the temporary licensee to have a suitable sponsor who is a licensed insurance producer or insurer and who assumes responsibility for all acts of the temporary licensee and may impose other similar requirements designed to protect insureds and the public. The commissioner may by order revoke a temporary license if the interest of insureds or the public is endangered. A temporary license shall not continue after the owner or the personal representative disposes of the business.
2001 Acts, ch 16, §24, 37; 2022 Acts, ch 1134, §27
Subsection 1, NEW paragraphs e and f
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522B - LICENSING OF INSURANCE PRODUCERS › Section 522B.12 - Commissions.

522B.12 Commissions.
1. An insurer or insurance producer shall not pay a commission, service fee, brokerage, or other valuable consideration to a person for selling, soliciting, or negotiating insurance in this state if that person is required to be licensed under this chapter and is not so licensed.
2. A person shall not accept a commission, service fee, brokerage, or other valuable consideration for selling, soliciting, or negotiating insurance in this state if that person is required to be licensed under this chapter and is not so licensed.
3. Renewal or other deferred commissions may be paid to a person for selling, soliciting, or negotiating insurance in this state if the person was required to be licensed under this chapter at the time of the sale, solicitation, or negotiation and was so licensed at that time.
4. An insurer or insurance producer may pay or assign a commission, service fee, brokerage, or other valuable consideration to an insurance agency or to a person who does not sell, solicit, or negotiate insurance in this state, unless the payment would violate chapter 507B.
2001 Acts, ch 16, §26, 37; 2007 Acts, ch 152, §83
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522B - LICENSING OF INSURANCE PRODUCERS › Section 522B.13 - Appointments.

522B.13 Appointments.
1. An individual insurance producer who acts as an agent of an insurer must be appointed by that insurer. An insurance producer who is not acting as an agent of an insurer need not be appointed. A business entity is not required to be appointed.
2. The appointing insurer, for the purpose of appointing an insurance producer as its agent, shall file, in a format approved by the commissioner, a notice of appointment within thirty days from the date the agency contract is executed or the first insurance application is submitted.
3. An insurer shall pay an appointment fee, in the amount and method of payment set forth by rule of the commissioner, for each insurance producer appointed by the insurer.
4. An insurer shall remit a renewal appointment fee in the manner and amount as set forth by rule of the commissioner.
2001 Acts, ch 16, §27, 37
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522B - LICENSING OF INSURANCE PRODUCERS › Section 522B.15 - Reciprocity.

522B.15 Reciprocity.
1. The commissioner shall waive any requirements for a nonresident license applicant with a valid license from such applicant’s home state, except for the requirements imposed by section 522B.7, if the applicant’s home state awards nonresident licenses to residents of this state on the same basis.
2. A nonresident insurance producer’s satisfaction of the producer’s home state’s continuing education requirements for licensed insurance producers shall constitute satisfaction of this state’s continuing education requirements if the nonresident insurance producer’s home state recognizes the satisfaction of its continuing education requirements imposed upon insurance producers from this state on the same basis.
2001 Acts, ch 16, §29, 37
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522B - LICENSING OF INSURANCE PRODUCERS › Section 522B.16 - Reporting of actions.

522B.16 Reporting of actions.
1. An insurance producer shall report to the commissioner any administrative action taken against the insurance producer in another jurisdiction or by another governmental agency in this state within thirty days of the final disposition of the matter. This report shall include a copy of the order, consent to the order, and other relevant legal documents.
2. Within thirty days of the initial pretrial hearing date, an insurance producer shall report to the commissioner any criminal prosecution of the insurance producer taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents.
2001 Acts, ch 16, §30, 37; 2002 Acts, ch 1050, §49; 2018 Acts, ch 1041, §127
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522B - LICENSING OF INSURANCE PRODUCERS › Section 522B.16A - Duties of licensees.

522B.16A Duties of licensees.
1. An insurance producer has a continuing duty and obligation to keep, at the insurance producer’s place of business, usual and customary records pertaining to transactions undertaken by the insurance producer. All such records shall be kept available and open for inspection by the commissioner or the commissioner’s representative at any time during regular business hours, provided that the commissioner or the commissioner’s representative is not entitled to inspect any records prepared in anticipation of litigation or that are subject to any privilege recognized in chapter 622. Such records shall be maintained for a minimum of three years following the completion of an insurance transaction.
2. An insurance producer who willfully fails to comply with this section commits a violation of this chapter and is subject to sanctions under section 522B.11.
2004 Acts, ch 1110, §63
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522B - LICENSING OF INSURANCE PRODUCERS › Section 522B.16B - Written consent to engage or participate in business of insurance.

522B.16B Written consent to engage or participate in business of insurance.
1. A person who is prohibited by 18 U.S.C. §1033 from engaging or participating in the business of insurance because that person has been convicted of a crime under that statute or of a felony involving dishonesty or breach of trust may apply to the commissioner for written consent to engage or participate in the business of insurance in this state.
2. The commissioner, by rule, shall establish a procedure and standards for issuing such a written consent.
3. The commissioner shall not issue an insurance producer license to an applicant who has been convicted of a crime as set forth in subsection 1 unless the applicant has first obtained a written consent from the commissioner to engage or participate in the business of insurance in this state.
4. The commissioner shall not renew or issue an insurance producer license to an insurance producer licensee who has been convicted of a crime as set forth in subsection 1 unless that licensee has first obtained a written consent from the commissioner to engage or participate in the business of insurance in this state.
2006 Acts, ch 1117, §115
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522B - LICENSING OF INSURANCE PRODUCERS › Section 522B.17 - Cease and desist orders — penalties.

522B.17 Cease and desist orders — penalties.
1. An insurer or insurance producer who, after hearing, is found to have violated this chapter may be ordered to cease and desist from engaging in the conduct resulting in the violation and may be assessed a civil penalty pursuant to chapter 507B.
2. A person who, after hearing, is found to have violated this chapter by acting as an agent of an insurer or otherwise selling, soliciting, or negotiating insurance in this state, or offering to the public advice, counsel, or services with regard to insurance, who is not properly licensed may be ordered to cease and desist from engaging in the conduct resulting in the violation and may be assessed a civil penalty according to the provisions of chapter 507A.
3. If a person does not comply with an order issued pursuant to this section, the commissioner may petition a court of competent jurisdiction to enforce the order. The court shall not require the commissioner to post a bond in an action or proceeding under this section. If the court finds, after notice and opportunity for hearing, that the person is not in compliance with an order, the court may adjudge the person to be in civil contempt of the order. The court may impose a civil penalty against the person for contempt in an amount not less than three thousand dollars but not greater than ten thousand dollars for each violation and may grant any other relief that the court determines is just and proper in the circumstances.
2001 Acts, ch 16, §31, 37; 2005 Acts, ch 70, §48
Referred to in §505.8, 522B.6, 522B.11, 522B.14, 522B.17A
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522B - LICENSING OF INSURANCE PRODUCERS › Section 522B.17A - Injunctive relief.

522B.17A Injunctive relief.
1. An association with at least twenty-five insurance producer members may bring an action in district court to enjoin a person from selling, soliciting, or negotiating insurance in violation of section 522B.2. However, before bringing an action in district court to enjoin a person pursuant to this section, an association shall file a complaint with the insurance division alleging that the person is selling, soliciting, or negotiating insurance in violation of section 522B.2.
2. If the division makes a determination to proceed administratively against the person for a violation of section 522B.2, the complainant shall not bring an action in district court against the person pursuant to this section based upon the allegations contained in the complaint filed with the division.
3. If the division does not make a determination to proceed administratively against the person for a violation of section 522B.2, the division shall issue, on or before ninety days from the date of filing of the complaint, a release to the complainant that permits the complainant to bring an action in district court pursuant to this section.
4. The filing of a complaint with the division pursuant to this section tolls the statute of limitations pursuant to section 614.1 as to the alleged violation for a period of one hundred twenty days from the date of filing the complaint.
5. Any action brought in district court by a complainant against a person pursuant to this section, based upon the allegations contained in the complaint filed with the division, shall be brought within one year after the ninety-day period following the filing of the complaint with the division, or the date of the issuance of a release by the division, whichever is earlier.
6. If the court finds that the person is in violation of section 522B.2 and enjoins the person from selling, soliciting, or negotiating insurance in violation of that section, the court’s findings of fact and law, and the judgment and decree, when final, shall be admissible in any proceeding initiated pursuant to section 522B.17 by the commissioner against the person enjoined and the person enjoined shall be precluded from contesting in that proceeding the court’s determination that the person sold, solicited, or negotiated insurance in violation of section 522B.2.
2005 Acts, ch 70, §49
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522C - LICENSING OF PUBLIC ADJUSTERS › Section 522C.1 - Purpose.

522C.1 Purpose.
The purpose of this chapter is to govern the qualifications and procedures for licensing public adjusters in this state, and to specify the duties of and restrictions on public adjusters, including limitation of such licensure to assisting insureds only with first-party claims.
2007 Acts, ch 137, §24
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522C - LICENSING OF PUBLIC ADJUSTERS › Section 522C.2 - Definitions.

522C.2 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Business entity” means a corporation, association, partnership, limited liability company, limited liability partnership, or any other legal entity.
2. “Commissioner” means the commissioner of insurance.
3. “Fingerprints” means an impression of the lines on a human finger taken for the purposes of identification. The impression may be electronic or in ink converted to an electronic format.
4. “First-party claim” means a claim filed by a person insured under the insurance policy against which the claim is made.
5. “Individual” means a natural person.
6. “Person” means an individual or a business entity.
7. “Public adjuster” means any person who for compensation or any other thing of value acts on behalf of an insured by doing any of the following:
a. Acting for or aiding an insured in negotiating for or effecting the settlement of a first-party claim for loss or damage to real or personal property of the insured.
b. Advertising for employment as a public adjuster of first-party insurance claims or otherwise soliciting business or representing to the public that the person is a public adjuster of first-party insurance claims for loss or damage to real or personal property of an insured.
c. Directly or indirectly soliciting business investigating or adjusting losses, or advising an insured about first-party claims for loss or damage to real or personal property of the insured.
8. “Uniform business entity application” means the current version of the national association of insurance commissioners’ uniform business entity application for resident and nonresident business entities.
9. “Uniform individual application” means the current version of the national association of insurance commissioners’ uniform individual application for resident and nonresident individuals.
2007 Acts, ch 137, §25
2023 Iowa Code › Title XIII - COMMERCE › Chapter 522C - LICENSING OF PUBLIC ADJUSTERS › Section 522C.3 - Authority of the commissioner.

522C.3 Authority of the commissioner.
1. The commissioner shall adopt rules pursuant to chapter 17A as necessary to administer and enforce this chapter.
2. The commissioner shall adopt rules including but not limited to all of the following:
a. Advertising standards.
b. Continuing education requirements for licensees.
c. Contracts between public adjusters and insureds.
d. Required disclosures by licensees.
e. Examinations for licensure.
f. Exemptions.
g. License bonds and errors and omissions insurance requirements.
h. License requirements and exclusions.
i. Prohibited practices.
j. Record retention requirements.
k. Reporting requirements.
l. Requirements and limitations on fees charged by public adjusters.
m. Standards for reasonableness of payment.
n. Standards of conduct.
o. Penalties.
2007 Acts, ch 137, §26