reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 2: GENERAL LICENSING REQUIREMENTS FOR PRODUCERS, ADJUSTERS, CONSULTANTS AND BUSINESS ENTITIES › 24-A §1417. Suspension; revocation; cancellation; refusal of license

§1417. Suspension; revocation; cancellation; refusal of license
1.  Suspension, revocation, probation, denial.
Notwithstanding Title 5, chapter 375, subchapter VI, the superintendent may, after notice and opportunity for hearing, deny, revoke, suspend, place on probation or limit the permissible activities under any license issued under this chapter, including business entity licenses, or any surplus lines broker license if the superintendent finds that, as to the applicant or licensee, any of the causes exist that are listed in section 1420‑K, and that for purposes of this section apply to adjusters and consultants as well as producers.
A. [PL 2001, c. 259, §19 (RP).]
B. [PL 2001, c. 259, §19 (RP).]
C. [PL 2001, c. 259, §19 (RP).]
D. [PL 2001, c. 259, §19 (RP).]
E. [PL 2001, c. 259, §19 (RP).]
F. [PL 2001, c. 259, §19 (RP).]
G. [PL 2001, c. 259, §19 (RP).]
H. [PL 2001, c. 259, §19 (RP).]
[PL 2001, c. 259, §19 (AMD).]
1-A.  Nonresident licensing, loss of home state authority.
The superintendent may verify the home state license status of any nonresident licensee through the producer database maintained by the National Association of Insurance Commissioners, its affiliates or subsidiaries or any successor, or by contacting the licensee's home state regulator. If a nonresident licensee's license or authority in the licensee's home state is no longer active, whether as a result of suspension, revocation, termination, lapse, voluntary surrender or other action by the home state regulator, the superintendent may cancel the nonresident licensee's license or authority granted pursuant to section 1420‑G, section 1427‑A, subsection 1 or section 1477 30 days after the final action taken with respect to the home state license.
[PL 2019, c. 382, §2 (NEW).]
2.  Agency suspension.
[PL 2001, c. 259, §20 (RP).]
3.  Voluntary surrender.
The superintendent may, after notice and opportunity for a hearing under this section, deem the license suspended or revoked of a previously licensed person who voluntarily surrendered an insurance license.
[PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
4.  Exceptional circumstances.
[PL 2001, c. 259, §21 (RP).]
SECTION HISTORY
PL 1997, c. 457, §23 (NEW). PL 1997, c. 457, §55 (AFF). PL 1997, c. 592, §§22,23 (AMD). PL 2001, c. 259, §§19-21 (AMD). PL 2019, c. 382, §2 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 2: GENERAL LICENSING REQUIREMENTS FOR PRODUCERS, ADJUSTERS, CONSULTANTS AND BUSINESS ENTITIES › 24-A §1418. Relicensing after revocation; refusal of license

§1418. Relicensing after revocation; refusal of license
1.  Relicensing.
The superintendent may not issue a license under this Title to a person whose license has been revoked until at least one year has expired from the effective date of that revocation. If the licensee pursues an appeal from the superintendent's decision, the superintendent may not consider issuance of a new license until at least one year from the date of a final court order affirming that revocation. The license applicant shall reestablish qualification for the license in accordance with the applicable provisions of this Title. The superintendent may refuse any such new license applications unless the applicant shows good cause why the prior revocation should not be deemed a bar to the issuance of a new license.
[PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
2.  Ineligibility for relicensing.
A person whose license has been revoked twice pursuant to section 1417 or section 1420‑K may not again be eligible for any license under this Title.
[PL 2001, c. 259, §22 (AMD).]
3.  Business entity relicensing.
If the license of a business entity is suspended or revoked pursuant to section 1417 or section 1420‑K, an officer, director or member of that entity may not be licensed as an insurance producer, adjuster or consultant during the period of that suspension or revocation unless the superintendent determines that member, officer or director was not personally at fault and did not acquiesce in the matter for which the license was suspended or revoked.
[PL 2001, c. 259, §22 (AMD).]
SECTION HISTORY
PL 1997, c. 457, §23 (NEW). PL 1997, c. 457, §55 (AFF). PL 2001, c. 259, §22 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 2: GENERAL LICENSING REQUIREMENTS FOR PRODUCERS, ADJUSTERS, CONSULTANTS AND BUSINESS ENTITIES › 24-A §1419. Duty to notify of changes; payment of late fee

§1419. Duty to notify of changes; payment of late fee
Unless a different time is set by another provision of law, any change of address, telephone number, e-mail address, name or other material change in the conditions or qualifications set forth in the original application of a licensee must be reported to the superintendent no later than 30 days after the change. This requirement includes any conviction of a crime other than a traffic violation or any disciplinary action brought by an insurance regulatory official of any other jurisdiction against the licensee or against any officer, director, member or partner in a business entity. A licensee shall report to the superintendent any administrative action taken against the licensee in another jurisdiction or by another governmental agency in this State within 30 days of the final disposition of the matter. This report must include a copy of the order, consent to order or other relevant legal documents. Within 30 days of the initial pretrial hearing date, a licensee shall report to the superintendent any criminal prosecution of the licensee taken in any jurisdiction. The report must include a copy of the initial complaint filed, the order resulting from the hearing and any other relevant legal documents. If any notice required under this section is received after the prescribed time period, the licensee shall pay the late fee for filing as prescribed in section 601.   [PL 2015, c. 49, §2 (AMD).]
SECTION HISTORY
PL 1997, c. 457, §23 (NEW). PL 1997, c. 457, §55 (AFF). PL 1997, c. 592, §24 (AMD). PL 2001, c. 259, §23 (AMD). PL 2015, c. 49, §2 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 2-A: MAINE PRODUCER LICENSING ACT › 24-A §1420. Short title; scope and application

§1420. Short title; scope and application
1.  Short title.
This subchapter may be known and cited as the "Maine Producer Licensing Act."
[PL 2001, c. 259, §24 (NEW).]
2.  Scope and application.
This subchapter governs the qualifications and procedures for the licensing of insurance producers. It simplifies and organizes some statutory language to improve efficiency, permits the use of new technology and reduces costs associated with issuing and renewing insurance licenses. This subchapter does not apply to excess and surplus lines agents and brokers required to be licensed as producers with surplus lines authority pursuant to chapter 19, except as provided in sections 1420‑G and 1420‑O.
[PL 2001, c. 259, §24 (NEW).]
SECTION HISTORY
PL 2001, c. 259, §24 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 2-A: MAINE PRODUCER LICENSING ACT › 24-A §1420-B. License required

§1420-B. License required
A person may not sell, solicit or negotiate insurance in this State for any class or classes of insurance unless the person is licensed for that line of authority in accordance with this subchapter.   [PL 2001, c. 259, §24 (NEW).]
SECTION HISTORY
PL 2001, c. 259, §24 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 2-A: MAINE PRODUCER LICENSING ACT › 24-A §1420-D. Application for examination

§1420-D. Application for examination
1.  Written examination.
A resident individual applying for an insurance producer license must pass a written examination unless exempt pursuant to section 1420‑H. The examination must test the knowledge of the individual concerning the lines of authority applied for, the duties and responsibilities of an insurance producer and the insurance laws and regulations of this State. The superintendent may adopt rules regarding the development and administration of examinations required by this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A.
[PL 2001, c. 259, §24 (NEW).]
2.  Outside testing service.
The superintendent may make arrangements, including contracting with an outside testing service, for administering examinations and collecting any applicable fee set forth in section 601.
[PL 2001, c. 259, §24 (NEW).]
3.  Fees.
Each individual applying for an examination shall remit any applicable fee as prescribed by the superintendent as set forth in section 601.
[PL 2001, c. 259, §24 (NEW).]
4.  Rescheduling.
An individual who fails to appear for the examination as scheduled or fails to pass the examination may reapply for an examination and must remit all required fees and forms before being rescheduled for another examination.
[PL 2001, c. 259, §24 (NEW).]
SECTION HISTORY
PL 2001, c. 259, §24 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 2-A: MAINE PRODUCER LICENSING ACT › 24-A §1420-E. Application for license

§1420-E. Application for license
1.  Uniform application.
An individual applying for a resident insurance producer license shall apply to the superintendent on the uniform application and declare under penalty of refusal, suspension or revocation of the license that the 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 superintendent must find that the individual:
A. Is at least 18 years of age;   [PL 2001, c. 259, §24 (NEW).]
B. Has not committed any act that is a ground for denial, suspension or revocation set forth in section 1420‑K;   [PL 2001, c. 259, §24 (NEW).]
C. [PL 2007, c. 51, §2 (RP).]
D. Has paid any required fees set forth in section 601; and   [PL 2001, c. 259, §24 (NEW).]
E. Has successfully passed the examinations for the lines of authority for which the person has applied.   [PL 2001, c. 259, §24 (NEW).]
[PL 2007, c. 51, §2 (AMD).]
2.  Uniform business entity application.
A business entity acting as an insurance producer is required to obtain an insurance producer license. Application must be made using the uniform business entity application. Before approving the application, the superintendent must find that:
A. The business entity has paid any required fees set forth in section 601; and   [PL 2001, c. 259, §24 (NEW).]
B. The business entity has designated a licensed producer responsible for the business entity's compliance with the insurance laws, rules and regulations of this State.   [PL 2001, c. 259, §24 (NEW).]
[PL 2001, c. 259, §24 (NEW).]
3.  Verification.
The superintendent may require any documents reasonably necessary to verify the information contained in an application.
[PL 2001, c. 259, §24 (NEW).]
4.  Instruction.
Each insurer that sells, solicits or negotiates any form of limited line credit insurance shall provide to each individual whose duties will include selling, soliciting or negotiating limited line credit insurance a program of instruction that may be approved by the superintendent.
[PL 2001, c. 259, §24 (NEW).]
SECTION HISTORY
PL 2001, c. 259, §24 (NEW). PL 2007, c. 51, §2 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 2-A: MAINE PRODUCER LICENSING ACT › 24-A §1420-G. Nonresident licensing

§1420-G. Nonresident licensing
1.  Qualifications.
Unless denied licensure pursuant to section 1420‑K, a nonresident person must be issued a nonresident producer license if:
A. The person is currently licensed as a resident and in good standing in that person's home state;   [PL 2001, c. 259, §24 (NEW).]
B. The person has submitted the proper request for licensure and has paid any fees required by section 601;   [PL 2001, c. 259, §24 (NEW).]
C. The person has submitted or transmitted to the superintendent the application for licensure submitted to that person's home state, or in lieu of the same, a completed uniform application; and   [PL 2001, c. 259, §24 (NEW).]
D. The person's home state awards nonresident producer licenses to residents of this State on the same basis.   [PL 2001, c. 259, §24 (NEW).]
[PL 2001, c. 259, §24 (NEW).]
2.  Verification.
The superintendent may verify the producer's licensing status through the producer database maintained by the National Association of Insurance Commissioners, its affiliates or subsidiaries or any successor organization.
[PL 2001, c. 259, §24 (NEW).]
3.  Change of address.
A nonresident producer who moves from one state to another state or a resident producer who moves from this State to another state shall file a change of address and provide certification from the new resident state within 30 days of the change of legal residence. A fee or license application is not required.
[PL 2001, c. 259, §24 (NEW).]
4.  Surplus lines; license in home state.
Notwithstanding any other provision of this subchapter, a person licensed as a surplus lines producer in that person's home state must be issued a nonresident surplus lines producer license pursuant to subsection 1. Except as provided in subsection 1, nothing in this section otherwise amends or supersedes any other provision of chapter 19.
[PL 2001, c. 259, §24 (NEW).]
5.  Limited lines; license in home state.
Notwithstanding any other provision of this subchapter, a person licensed as a limited line credit insurance or other type of limited lines producer in that person's home state must be issued a nonresident limited lines producer license, pursuant to subsection 1, granting the same scope of authority as granted under the license issued by the producer's home state. For the purposes of this section, limited line insurance is any authority granted by the home state that restricts the authority of the license to less than the total authority prescribed in the associated major lines pursuant to section 1420‑F, subsection 1, paragraphs A to F.
[PL 2001, c. 259, §24 (NEW).]
SECTION HISTORY
PL 2001, c. 259, §24 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 2-A: MAINE PRODUCER LICENSING ACT › 24-A §1420-I. Assumed names

§1420-I. Assumed names
An insurance producer doing business under any name other than the producer's legal name is required to notify the superintendent prior to using the assumed name.   [PL 2001, c. 259, §24 (NEW).]
SECTION HISTORY
PL 2001, c. 259, §24 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 2-A: MAINE PRODUCER LICENSING ACT › 24-A §1420-J. Temporary licensing

§1420-J. Temporary licensing
1.  License authorized.
The superintendent may issue a temporary insurance producer license for a period not to exceed 180 days without requiring an examination if the superintendent determines 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 producer or for the recovery or return of the producer to the business or to provide for the training and licensing of new personnel to operate the producer's business;   [PL 2001, c. 259, §24 (NEW).]
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;   [PL 2001, c. 259, §24 (NEW).]
C. To the designee of a licensed insurance producer entering active service in the Armed Forces of the United States; or   [PL 2001, c. 259, §24 (NEW).]
D. In any other circumstance when the superintendent determines that the public interest will best be served by the issuance of this license.   [PL 2001, c. 259, §24 (NEW).]
[PL 2001, c. 259, §24 (NEW).]
2.  Limitations.
The superintendent may by order limit the authority of any temporary licensee in any way determined necessary to protect insureds and the public. The superintendent may require the temporary licensee to have a suitable sponsor who is a licensed 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 superintendent may by order revoke a temporary license if the interest of insureds or the public is endangered. A temporary license may not continue after the owner or the personal representative disposes of the business.
[PL 2001, c. 259, §24 (NEW).]
SECTION HISTORY
PL 2001, c. 259, §24 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 2-A: MAINE PRODUCER LICENSING ACT › 24-A §1420-L. Commissions

§1420-L. Commissions
1.  License required to pay.
An insurance company or insurance producer may 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 subchapter and is not so licensed.
[PL 2001, c. 259, §24 (NEW).]
2.  License required to accept.
A person may 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 subchapter and is not so licensed.
[PL 2001, c. 259, §24 (NEW).]
3.  Deferral.
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 subchapter at the time of the sale, solicitation or negotiation and was so licensed at that time.
[PL 2001, c. 259, §24 (NEW).]
4.  Assignments.
An insurer or insurance producer may pay or assign commissions, service fees, brokerages or other valuable consideration to an insurance agency or to persons who do not sell, solicit or negotiate insurance in this State, unless the payment would violate chapter 23 or any other applicable provision of this Title.
[PL 2001, c. 259, §24 (NEW).]
SECTION HISTORY
PL 2001, c. 259, §24 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 2-A: MAINE PRODUCER LICENSING ACT › 24-A §1420-M. Appointments

§1420-M. Appointments
1.  Appointment.
An insurance producer, including a nonresident producer acting pursuant to a national nonresident producer license issued through the National Association of Registered Agents and Brokers, may not act as an agent of an insurer unless the insurance producer becomes an appointed agent of that insurer. An insurance producer who is not acting as an agent of an insurer is not required to become appointed.
[PL 2017, c. 115, §3 (AMD).]
2.  Notice.
To appoint a producer as its agent, the appointing insurer shall file, in a format approved by the superintendent, a notice of appointment within 15 days from the date the agency contract is executed or the first insurance application is submitted. An insurer may also elect to appoint a producer to all or some insurers within the insurer's holding company system or group by the filing of a single appointment request.
[PL 2001, c. 259, §24 (NEW).]
3.  Fee.
An insurer shall pay an appointment fee, in the amount and method of payment set forth in section 601, for each insurance producer appointed by the insurer.
[PL 2001, c. 259, §24 (NEW).]
4.  Renewal.
An insurer shall remit, in a manner prescribed by the superintendent, a renewal appointment fee in the amount set forth in section 601.
[PL 2001, c. 259, §24 (NEW).]
SECTION HISTORY
PL 2001, c. 259, §24 (NEW). PL 2017, c. 115, §3 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 2-A: MAINE PRODUCER LICENSING ACT › 24-A §1420-O. Reciprocity

§1420-O. Reciprocity
1.  Reciprocity.
The superintendent shall waive any requirements for a nonresident license applicant with a valid license from that person's home state, except the requirements imposed by section 1420‑G, if the applicant's home state awards nonresident licenses to residents of this State on the same basis.
[PL 2001, c. 259, §24 (NEW).]
2.  Continuing education.
Satisfaction of a nonresident producer's home state's continuing education requirements for licensed insurance producers constitutes satisfaction of this State's continuing education requirements if the nonresident producer's home state recognizes the satisfaction of its continuing education requirements imposed upon producers from this State on the same basis.
[PL 2001, c. 259, §24 (NEW).]
SECTION HISTORY
PL 2001, c. 259, §24 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 2-A: MAINE PRODUCER LICENSING ACT › 24-A §1420-P. Reporting of actions

§1420-P. Reporting of actions
1.  Administrative actions.
A producer shall report to the superintendent any administrative action taken against the producer in another jurisdiction or by another governmental agency in this State within 30 days of the final disposition of the matter. This report must include a copy of the order, consent to order or other relevant legal documents.
[PL 2001, c. 259, §24 (NEW).]
2.  Criminal actions.
Within 30 days of the initial pretrial hearing date, a producer shall report to the superintendent any criminal prosecution of the producer taken in any jurisdiction. The report must include a copy of the initial complaint filed, the order resulting from the hearing and any other relevant legal documents.
[PL 2001, c. 259, §24 (NEW).]
SECTION HISTORY
PL 2001, c. 259, §24 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 3: APPLICATION PROCEDURE FOR ADJUSTERS AND CONSULTANTS › 24-A §1421. Licensing forms

§1421. Licensing forms
The superintendent or an independent licensing service designated by the superintendent shall prescribe, consistent with the applicable requirements of this chapter, and furnish all forms required under this chapter in connection with applications for and issuance of licenses. The superintendent or an independent testing service designated by the superintendent shall prescribe and furnish all forms required in connection with examinations for licenses.   [PL 1997, c. 592, §24 (AMD).]
SECTION HISTORY
PL 1997, c. 457, §23 (NEW). PL 1997, c. 457, §55 (AFF). PL 1997, c. 592, §24 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 3: APPLICATION PROCEDURE FOR ADJUSTERS AND CONSULTANTS › 24-A §1422. License to be issued only on compliance

§1422. License to be issued only on compliance
The superintendent may not issue or permit any license of an applicant who is not in compliance with or who has not established qualifications in accordance with the applicable provisions of this chapter.   [PL 2001, c. 259, §26 (AMD).]
SECTION HISTORY
PL 1997, c. 457, §23 (NEW). PL 1997, c. 457, §55 (AFF). PL 2001, c. 259, §26 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 3: APPLICATION PROCEDURE FOR ADJUSTERS AND CONSULTANTS › 24-A §1423. Application for examination (REPEALED)

§1423. Application for examination
(REPEALED)
SECTION HISTORY
PL 1997, c. 457, §23 (NEW). PL 1997, c. 457, §55 (AFF). PL 1997, c. 592, §§25,26 (AMD). PL 2001, c. 259, §27 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 3: APPLICATION PROCEDURE FOR ADJUSTERS AND CONSULTANTS › 24-A §1424. Application for license (REPEALED)

§1424. Application for license
(REPEALED)
SECTION HISTORY
PL 1997, c. 457, §23 (NEW). PL 1997, c. 457, §55 (AFF). PL 1997, c. 592, §§27,28 (AMD). PL 2001, c. 259, §28 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 3: APPLICATION PROCEDURE FOR ADJUSTERS AND CONSULTANTS › 24-A §1424-A. Application for license

§1424-A. Application for license
1.  Application.
An individual applying for an insurance adjuster or consultant license shall apply to the superintendent on a form as determined by the superintendent and declare under penalty of refusal, suspension or revocation of the license that the 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 superintendent must find that the individual:
A. Has complied with the requirements of subchapter V in the case of consultants and subchapter VI in the case of adjusters;   [PL 2001, c. 259, §29 (NEW).]
B. Has not committed any act that is a ground for denial, suspension or revocation set forth in sections 1417 and 1420‑K;   [PL 2001, c. 259, §29 (NEW).]
C. Has completed any prelicensing requirements for the license for which the person has applied, as specified in subchapter II;   [PL 2001, c. 259, §29 (NEW).]
D. Has paid any required fees set forth in section 601; and   [PL 2001, c. 259, §29 (NEW).]
E. Has successfully passed the examinations for the license for which the person, if a resident, has applied.   [PL 2001, c. 259, §29 (NEW).]
[PL 2001, c. 259, §29 (NEW).]
2.  Business entity.
A business entity acting as an insurance adjuster or consultant is required to obtain an adjuster or consultant license. Application must be made using the uniform business entity application. Before approving the application, the superintendent must find that:
A. The business entity has paid any required fees set forth in section 601; and   [PL 2001, c. 259, §29 (NEW).]
B. The business entity has designated a licensed person responsible for the business entity's compliance with the insurance laws, rules and regulations of this State.   [PL 2001, c. 259, §29 (NEW).]
[PL 2001, c. 259, §29 (NEW).]
3.  Verification.
The superintendent may require any documents reasonably necessary to verify the information contained in an application.
[PL 2001, c. 259, §29 (NEW).]
SECTION HISTORY
PL 2001, c. 259, §29 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 3: APPLICATION PROCEDURE FOR ADJUSTERS AND CONSULTANTS › 24-A §1425. Investigation of license applicants

§1425. Investigation of license applicants
When an application for license under this chapter is submitted, the superintendent may investigate the applicant's character, financial responsibility, experience, background and fitness for the license applied for.   [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
SECTION HISTORY
PL 1997, c. 457, §23 (NEW). PL 1997, c. 457, §55 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 3: APPLICATION PROCEDURE FOR ADJUSTERS AND CONSULTANTS › 24-A §1426. Issuance; refusal of license; refunds of fees

§1426. Issuance; refusal of license; refunds of fees
1.  Issuance.
If the superintendent finds that the application is complete, the applicant has passed any required examination and that the applicant is otherwise qualified for the license applied for, the superintendent shall promptly issue the license; otherwise, the superintendent may not issue the license and shall promptly notify the applicant of such refusal stating the grounds for denial.
[PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
2.  Fees.
[PL 2001, c. 259, §30 (RP).]
SECTION HISTORY
PL 1997, c. 457, §23 (NEW). PL 1997, c. 457, §55 (AFF). PL 1997, c. 592, §29 (AMD). PL 2001, c. 259, §30 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 3: APPLICATION PROCEDURE FOR ADJUSTERS AND CONSULTANTS › 24-A §1427. Exemption from examination requirement (REPEALED)

§1427. Exemption from examination requirement
(REPEALED)
SECTION HISTORY
PL 1997, c. 457, §23 (NEW). PL 1997, c. 457, §55 (AFF). PL 1997, c. 592, §§30,31 (AMD). PL 1999, c. 270, §§4-6 (AMD). PL 2001, c. 259, §31 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 3: APPLICATION PROCEDURE FOR ADJUSTERS AND CONSULTANTS › 24-A §1427-A. Exemption from examination requirement

§1427-A. Exemption from examination requirement
1.  Exemption.
An individual who applies for an adjuster or consultant license in this State who was previously licensed as such in another state is not required to complete any prelicensing education or examination pursuant to section 1410. This exemption is only available if the person is currently licensed in that state or if the application is received within 90 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, or the state's producer database records, maintained by the National Association of Insurance Commissioners, its affiliates or subsidiaries or any successor organization, indicate that the adjuster or consultant is or was licensed in good standing for the type of license requested.
[PL 2001, c. 259, §32 (NEW).]
2.  Application.
A person licensed as an adjuster or consultant in another state who moves to this State must apply within 90 days of establishing legal residence to become a resident licensee. Prelicensing education or examination is not required of that person to obtain the adjuster or consultant license type previously held in the prior state except when the superintendent determines otherwise by rule. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A.
[PL 2001, c. 259, §32 (NEW).]
3.  Other exemptions.
An examination is not required of an applicant for the same type of license that the applicant previously held in this State within the past 2 years, other than a temporary license. This exemption applies only to persons who have met the applicable continuing education requirements during the 2-year period, who voluntarily terminated their previous license, and who continue to be fully qualified for the license. A person whose previous license was revoked or suspended may not become relicensed pursuant to this subsection.
[PL 2001, c. 259, §32 (NEW).]
SECTION HISTORY
PL 2001, c. 259, §32 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 3: APPLICATION PROCEDURE FOR ADJUSTERS AND CONSULTANTS › 24-A §1428. Temporary license as insurance producer (REPEALED)

§1428. Temporary license as insurance producer
(REPEALED)
SECTION HISTORY
PL 1997, c. 457, §23 (NEW). PL 1997, c. 457, §55 (AFF). PL 2001, c. 259, §33 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 3: APPLICATION PROCEDURE FOR ADJUSTERS AND CONSULTANTS › 24-A §1429. Insurance vending machines (REPEALED)

§1429. Insurance vending machines
(REPEALED)
SECTION HISTORY
PL 1997, c. 457, §23 (NEW). PL 1997, c. 457, §55 (AFF). PL 2001, c. 259, §33 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 3: APPLICATION PROCEDURE FOR ADJUSTERS AND CONSULTANTS › 24-A §1430. License continuation or termination (REPEALED)

§1430. License continuation or termination
(REPEALED)
SECTION HISTORY
PL 1997, c. 457, §23 (NEW). PL 1997, c. 457, §55 (AFF). PL 1997, c. 592, §§32-37 (AMD). PL 2001, c. 259, §34 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 3: APPLICATION PROCEDURE FOR ADJUSTERS AND CONSULTANTS › 24-A §1431. Appointment of insurance producers or agencies (REPEALED)

§1431. Appointment of insurance producers or agencies
(REPEALED)
SECTION HISTORY
PL 1997, c. 457, §23 (NEW). PL 1997, c. 457, §55 (AFF). PL 1997, c. 592, §38 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 3: APPLICATION PROCEDURE FOR ADJUSTERS AND CONSULTANTS › 24-A §1432. Termination of producer or agency appointment (REPEALED)

§1432. Termination of producer or agency appointment
(REPEALED)
SECTION HISTORY
PL 1997, c. 457, §23 (NEW). PL 1997, c. 457, §55 (AFF). PL 1997, c. 592, §38 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 4: PRODUCERS › 24-A §1441. Applicability

§1441. Applicability
1.  Licensed resident producers.
[PL 1997, c. 592, §39 (RP).]
1-A.  Licensed producers.
This subchapter applies to licensed resident and nonresident producers.
[PL 1997, c. 592, §40 (NEW).]
SECTION HISTORY
PL 1997, c. 457, §23 (NEW). PL 1997, c. 457, §55 (AFF). PL 1997, c. 592, §§39,40 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 4: PRODUCERS › 24-A §1441-A. Appointment of insurance producers or agencies (REPEALED)

§1441-A. Appointment of insurance producers or agencies
(REPEALED)
SECTION HISTORY
PL 1997, c. 592, §41 (NEW). PL 2001, c. 259, §35 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 4: PRODUCERS › 24-A §1441-B. Termination of producer or agency appointment (REPEALED)

§1441-B. Termination of producer or agency appointment
(REPEALED)
SECTION HISTORY
PL 1997, c. 592, §41 (NEW). PL 2001, c. 259, §35 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 4: PRODUCERS › 24-A §1442. Authority of insurance producer

§1442. Authority of insurance producer
1.  Licensed insurance producer.
A licensed insurance producer in this State may:
A. Engage in insurance producer activities throughout this State within the authority granted the insurance producer by the insurer, health maintenance organization, fraternal benefit society, or nonprofit hospital or medical service organization and the scope of the producer's license;   [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
B. Adjust the losses of the insurer or fraternal benefit society within the authority granted the insurance producer by the insurer or fraternal benefit society;   [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
C. Not place or seek to place insurance coverage, other than with an insurer, health maintenance organization, fraternal benefit society or nonprofit hospital association for which the insurance producer holds an appointment, except as provided under section 1450, subsection 2. A licensed resident or a nonresident insurance producer may not place or seek to place insurance coverage other than in an authorized insurer, health maintenance organization, fraternal benefit society or nonprofit hospital or medical service organization, except as provided in chapter 19; and   [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
D. Enter into a contract or arrangement with a financial institution for the purpose of participating in a finance program with the financial institution. In this case, the financial institution need not be licensed as a producer, as long as the purpose of the arrangement is to authorize an insurance producer to facilitate, direct or refer insureds, prospective insureds or other customers to the financial institution for loans or for the purpose of authorizing an insurance producer to facilitate arrangements for leases, loans or credit applications with the financial institution.   [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
[PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
SECTION HISTORY
PL 1997, c. 457, §23 (NEW). PL 1997, c. 457, §55 (AFF).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 4: PRODUCERS › 24-A §1443. Exceptions to licensing requirement (REPEALED)

§1443. Exceptions to licensing requirement
(REPEALED)
SECTION HISTORY
PL 1997, c. 457, §23 (NEW). PL 1997, c. 457, §55 (AFF). PL 2001, c. 259, §36 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 4: PRODUCERS › 24-A §1444. Appointment required; report and fees required (REPEALED)

§1444. Appointment required; report and fees required
(REPEALED)
SECTION HISTORY
PL 1997, c. 457, §23 (NEW). PL 1997, c. 457, §55 (AFF). PL 2001, c. 259, §38 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 4: PRODUCERS › 24-A §1444-A. Insurance vending machines

§1444-A. Insurance vending machines
1.  Vending machines.
A licensed insurance producer may solicit and issue personal travel accident insurance policies by means of a mechanical vending machine supervised by the insurance producer and placed at an airport or similar place of convenience to the traveling public if the superintendent finds:
A. That the policy to be sold provides reasonable coverage and benefits, is reasonably suited for sale and issuance through a vending machine and that use of such a machine in a proposed location would be of convenience to the public;   [PL 2001, c. 259, §39 (NEW).]
B. That the type of vending machine proposed to be used is reasonably suitable for the purpose;   [PL 2001, c. 259, §39 (NEW).]
C. That reasonable means are provided for informing prospective purchasers of policy coverages and restrictions; and   [PL 2001, c. 259, §39 (NEW).]
D. That reasonable means are provided for refund of money inserted in a defective machine when no insurance or a lesser amount than that paid for is actually received.   [PL 2001, c. 259, §39 (NEW).]
[PL 2001, c. 259, §39 (NEW).]
2.  Special license.
For each machine to be used, the superintendent may issue to the insurance producer a special vending machine license. The license must specify the name and address of the insurer, health maintenance organization, fraternal benefit society or nonprofit hospital or medical service organization and the name and address of the insurance producer, the name of the policy to be sold, the serial number of the machine and the place where the machine is to be in operation. The license is subject to termination, suspension or revocation coincidentally with the license of the insurance producer. The superintendent shall also revoke the license for any machine for which the superintendent finds that the license qualifications no longer exist. The license fee for each respective vending machine is established in section 601. Proof of the existence of a license must be displayed on or about each machine in use in the manner that the superintendent reasonably requires.
[PL 2001, c. 259, §39 (NEW).]
SECTION HISTORY
PL 2001, c. 259, §39 (NEW).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 4: PRODUCERS › 24-A §1445. Responsibility of insurer, health maintenance organization, fraternal benefit society, or nonprofit hospital or medical service organization; prohibited activities

§1445. Responsibility of insurer, health maintenance organization, fraternal benefit society, or nonprofit hospital or medical service organization; prohibited activities
1.  Responsibilities for training and supervision.
In addition to any other applicable provisions of law, the insurer, health maintenance organization, fraternal benefit society or nonprofit hospital or medical service organization:
A. Shall ensure adequate training for its appointed producers;   [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
B. Shall provide supervision of its appointed producers who sell insurance on its behalf;   [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
C. Is responsible for injuries to consumers resulting from the actions of its appointed producers to the extent of restitution, reimbursement of money or payment of interest to the consumer; and   [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
D. Is accountable and may be penalized by the superintendent, as provided for in this Title, for the actions of its producers.   [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
[PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
2.  Prohibited activities.
A licensed insurance producer in this State may not:
A. Use knowledge gained as a result of the producer's insurance relationship with the insurance consumer for the producer's own personal gain, other than the receipt of fees or commissions allowed under section 1450, or use knowledge gained as a result of the relationship for the purpose of investing the insurance consumer's money in property or assets in which the insurance producer or the producer's relatives have or will have a personal ownership interest unless that activity is otherwise authorized under insurance, banking or securities laws or rules; or   [PL 1999, c. 225, §4 (AMD).]
B. Receive a fee for rendering advice on financial or estate planning or for selling trust packages, if the producer also recommends the purchase of an insurance policy upon which the producer will receive commissions, unless the producer is licensed as a consultant acting in compliance with consultant licensing laws or provides the required documentation in accordance with section 1466, subsection 2.   [PL 1999, c. 225, §4 (AMD).]
[PL 1999, c. 225, §4 (AMD).]
3.  Common law principles.
Nothing in this chapter abrogates the common law principles of apparent or implied authority as available remedies or defenses.
[PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
SECTION HISTORY
PL 1997, c. 457, §23 (NEW). PL 1997, c. 457, §55 (AFF). PL 1999, c. 225, §4 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 4: PRODUCERS › 24-A §1446. Place of business (REPEALED)

§1446. Place of business
(REPEALED)
SECTION HISTORY
PL 1997, c. 457, §23 (NEW). PL 1997, c. 457, §55 (AFF). PL 2001, c. 259, §40 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 4: PRODUCERS › 24-A §1447. Records

§1447. Records
1.  Records.
The insurance producer or business entity shall keep or make accessible at the producer's or business entity's place of business a copy of the written appointment or designation from each insurer, health maintenance organization, fraternal benefit society or nonprofit hospital or medical service organization with which the insurance producer or business entity has an appointment. The insurance producer or business entity shall keep at the producer's or business entity's place of business complete records of transactions under the license. If a producer engages in transactions on behalf of a business entity and subsequently maintains a different place of business, the business entity shall maintain the records of those transactions. If a producer engages in transactions independent of any business entity, the producer shall maintain the records of those transactions. For the purpose of examination or investigation by the superintendent, records may be maintained in electronic form. As to each insurance policy or contract placed through or sold by the licensee, the records must show:
A. The names of the insurer, health maintenance organization, fraternal benefit society or nonprofit hospital or medical service organization;   [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
B. The number and expiration date of the policy or contract;   [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
C. The premium payable as to the policy or contract;   [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
D. The name and address of the insured;   [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
E. The date and time of every binder made by the insurance producer; and   [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
F. Such other information as the superintendent may reasonably require.   [PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
[PL 2001, c. 259, §41 (AMD).]
2.  Retention.
The records must be kept available for inspection by the superintendent for a period of at least 3 years after completion of the respective transactions.
[PL 1997, c. 457, §23 (NEW); PL 1997, c. 457, §55 (AFF).]
SECTION HISTORY
PL 1997, c. 457, §23 (NEW). PL 1997, c. 457, §55 (AFF). PL 1999, c. 50, §1 (AMD). PL 2001, c. 259, §41 (AMD).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 4: PRODUCERS › 24-A §1448. Qualifications for insurance producer license (REPEALED)

§1448. Qualifications for insurance producer license
(REPEALED)
SECTION HISTORY
PL 1997, c. 457, §23 (NEW). PL 1997, c. 457, §55 (AFF). PL 2001, c. 259, §42 (RP).
2023 Maine Revised Statutes › TITLE 24-A: MAINE INSURANCE CODE › Chapter 16: PRODUCERS, ADJUSTERS AND CONSULTANTS › Subchapter 4: PRODUCERS › 24-A §1449. Reporting and accounting for premiums

§1449. Reporting and accounting for premiums
All premiums and return premiums received by an insurance producer are trust funds received by the licensee in a fiduciary capacity in accordance with this section.   [PL 2003, c. 35, §1 (RPR).]
1.  Return premiums; accounting and payment to an insured.
The licensee shall account for and pay the return premiums to the insured or apply the return premiums to outstanding balances of any insured within 30 days from the date of receipt. The date of receipt is the date the money is actually received or the date the credit is posted by the insurer, health maintenance organization, fraternal benefit society or nonprofit hospital or medical service organization to the licensee's account.
[PL 2003, c. 35, §1 (NEW).]
2.  Premiums; accounting and payment to an insurer.
The licensee shall promptly account for and pay premiums to the insurer, health maintenance organization, fraternal benefit society or nonprofit hospital or medical service organization in accordance with the contract between the insurer, health maintenance organization, fraternal benefit society or nonprofit hospital or medical service organization and the licensee.
[PL 2003, c. 35, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 457, §23 (NEW). PL 1997, c. 457, §55 (AFF). PL 2003, c. 35, §1 (RPR).