reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3718 - Motor club services; laws applicable.

44-3718.
Motor club services; laws applicable.
The offering of motor club services shall be subject solely and exclusively to the provisions of sections 44-3701 to 44-3721, and the offering of such services by any duly authorized club shall not be deemed transacting business as an insurance company, association, or exchange, except as otherwise provided in sections 44-3701 to 44-3721.
Source
Laws 1981, LB 113, § 18.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3719 - Director; duties; rules and regulations.

44-3719.
Director; duties; rules and regulations.
The director shall administer and enforce the provisions of sections 44-3701 to 44-3721 and may adopt and promulgate rules and regulations in accordance with sections 44-3701 to 44-3721.
Source
Laws 1981, LB 113, § 19;
Laws 2014, LB700, § 16.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3720 - Act; administrative procedures.

44-3720.
Act; administrative procedures.
Except as otherwise provided in the Motor Club Services Act, all hearings held by and all orders and decisions made or any failure to act by the director pursuant to the Motor Club Services Act shall be subject to the Administrative Procedure Act. Any order of the director may be appealed, and the appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1981, LB 113, § 20;
Laws 1988, LB 352, § 71.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3801 - Sections, how construed.

44-3801.
Sections, how construed.
Sections 44-3801 to 44-3826 shall be interpreted liberally to aid in maintaining a high level of competence and adherence to professional standards in the performance of dental services.
Source
Laws 1982, LB 139, § 1.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3802 - Terms, defined.

44-3802.
Terms, defined.
As used in sections 44-3801 to 44-3826, unless the context otherwise requires:
(1) Director shall mean the Director of Insurance;
(2) Department shall mean the Department of Insurance;
(3) Prepaid dental service plan or plan shall mean a contractual arrangement to provide specified dental services, in consideration of a specified payment for an interval of time, regardless of whether the payment for such services is made by the beneficiaries individually or by a third person for them, in such a manner that the total cost of such services is to be spread directly or indirectly among a group of persons. A prepaid dental service plan includes arrangements that create reasonable expectations of enforceable rights, but does not include the provision of, or reimbursement for, dental services incidental to other insurance coverages; and
(4) Prepaid dental service corporation shall mean a corporation organized under sections 44-3801 to 44-3826 and offering a prepaid dental service plan in this state.
Source
Laws 1982, LB 139, § 2;
Laws 2010, LB813, § 1.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3803 - Insurance laws; applicability.

44-3803.
Insurance laws; applicability.
The insurance laws of this state including sections 44-3801 to 44-3826 shall not apply to:
(1) Retainer contracts made by dentists with individual patients with fees based on estimates of the nature and amount of services to be provided to the specific patient and similar contracts made with a group of patients involved in the same or closely related dental matters;
(2) Plans providing no benefits other than consultation and advice in connection with or in combination with referral services; and
(3) The furnishing of limited dental assistance on an informal basis, involving neither an express contractual obligation nor reasonable expectations, in the context of an employment, membership, education, or similar relationship.
Source
Laws 1982, LB 139, § 3.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3804 - Prepaid dental service plan; certificate of authority; exception.

44-3804.
Prepaid dental service plan; certificate of authority; exception.
No person may offer a prepaid dental service plan in this state unless authorized to do so by the director. This section shall not apply to any person issuing group policies if fewer than twenty-five percent of the certificate holders or insureds reside in this state and the person is regulated to a comparable extent by another state in which a larger number of certificate holders or insureds reside.
Source
Laws 1982, LB 139, § 4;
Laws 1989, LB 92, § 240.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3805 - Prepaid dental service plan; coverage; contract; certificate; requirements; prohibited acts.

44-3805.
Prepaid dental service plan; coverage; contract; certificate; requirements; prohibited acts.
(1) A prepaid dental service plan may be offered on an individual or group basis. Each person covered under a group contract shall be issued a certificate of coverage.
(2) No contract or certificate for dental service may be issued in this state unless a copy of the form has been filed with and approved by the director.
(3) No prepaid dental service plan offered in this state shall limit any fees charged for services that are not covered by the plan.
Source
Laws 1982, LB 139, § 5;
Laws 2010, LB813, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3806 - Prepaid dental service plan; contract; certificate; disapproved; when.

44-3806.
Prepaid dental service plan; contract; certificate; disapproved; when.
The director may disapprove a contract or certificate form for dental service under a prepaid dental service plan if the director finds that the form:
(1) Is unfair, unfairly discriminatory, misleading, or encourages misrepresentation or misunderstanding of the contract;
(2) Provides coverage or benefits or contains other provisions that would endanger the solvency of such plan;
(3) Provides payment rates which are excessive, inadequate, or unfairly discriminatory; or
(4) Is contrary to law.
Source
Laws 1982, LB 139, § 6.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3807 - Corporation; provider contracts; file; report.

44-3807.
Corporation; provider contracts; file; report.
(1) Provider contracts, and changes thereto, made between a prepaid dental service corporation and any provider of services covered by any plan shall be filed with the director and shall not become effective until approved by the director.
(2) A prepaid dental service corporation shall annually report to the director, in such detail as the director reasonably requires, the number and geographical distribution of providers of services with whom they maintain contractual relations and the nature of the relations.
Source
Laws 1982, LB 139, § 7.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3810 - Corporation; contracts authorized; requirements.

44-3810.
Corporation; contracts authorized; requirements.
A prepaid dental service corporation may contract with others, including insurance companies organized under any of the laws of the State of Nebraska, for partial or total administrative services or for joint participation or otherwise cede to or accept from others the whole or any part of the corporation's dental service obligations. Such contracts shall be filed with and approved by the director as being in accordance with the plan of the corporation prior to their effectiveness. The director may adopt and promulgate rules and regulations concerning such contracts.
Source
Laws 1982, LB 139, § 10;
Laws 1989, LB 92, § 241.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3811 - Prepaid dental service plan; code of ethics; violation; director; duties.

44-3811.
Prepaid dental service plan; code of ethics; violation; director; duties.
The director shall report to the president of the Nebraska Dental Association, or to any person designated by the Nebraska Dental Association to receive grievances concerning dentists from the public, any information of possible violations of the code of ethics by dentists who provide services in connection with a prepaid dental service plan.
Source
Laws 1982, LB 139, § 11.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3812 - Corporation; articles of incorporation; requirements.

44-3812.
Corporation; articles of incorporation; requirements.
(1) Two or more persons may organize a prepaid dental service corporation under this section.
(2) The articles of incorporation of the corporation shall conform to the requirements of the Nebraska Nonprofit Corporation Act or to the requirements of the Nebraska Model Business Corporation Act, except that:
(a) The name of the corporation shall indicate that dental services are to be provided;
(b) The purposes of the corporation shall be limited to providing dental services and business reasonably related thereto;
(c) The articles shall state whether members, shareholders, or providers of services may be required to share operating deficits, either through assessments or through reductions in compensation for services rendered, the general conditions and procedures for deficit sharing, and any limits on the amount of the deficit to be assumed by each individual member, shareholder, or provider;
(d) For corporations having members, the articles shall state the conditions and procedures for acquiring membership and that only members have the right to vote; and
(e) For corporations not having members, the articles shall state how the directors are to be selected.
Source
Laws 1982, LB 139, § 12;
Laws 1995, LB 109, § 226;
Laws 1996, LB 681, § 196;
Laws 2014, LB749, § 292.
Cross References
Nebraska Model Business Corporation Act, see section 21-201.
Nebraska Nonprofit Corporation Act, see section 21-1901.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3813 - Certificate of authority; application; contents.

44-3813.
Certificate of authority; application; contents.
The incorporators shall file with the director an application for a certificate of authority to do business, which shall include or have attached the following:
(1) The names, addresses, and occupations of all incorporators, proposed directors, and officers;
(2) For corporate incorporators, their articles and bylaws and a list of the names, addresses, and occupations of their directors and principal officers and, for the three most recent years, their annual statements and reports;
(3) The proposed articles and bylaws;
(4) All agreements relating to the corporation to which any incorporator or proposed director or officer is a party;
(5) The amount and sources of the funds available for organization expenses and the proposed arrangements for reimbursement and compensation of incorporators or other persons;
(6) The proposed compensation of directors and officers;
(7) The forms to be used for any contracts between the corporation and its members or other persons concerning the provision of services;
(8) The proposed minimum amount of surplus;
(9) The plan for conducting its prepaid dental service plans including all of the following:
(a) The geographical area in which any plan is intended to operate;
(b) The types of dental services intended to be offered;
(c) The proposed marketing methods and copies of proposed marketing materials; and
(d) To the extent required by the director, the proposed method for the establishment of payment rates and other charges under the plans; and
(10) Such other documents or information as the director reasonably requires.
Source
Laws 1982, LB 139, § 13.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3814 - Certificate of authority; issuance; when.

44-3814.
Certificate of authority; issuance; when.
The director shall issue a certificate of authority to a corporation organized under sections 44-3801 to 44-3826 if:
(1) The director finds that all requirements of law have been met;
(2) The director is satisfied that all natural persons who are incorporators, the directors and principal officers of corporate incorporators, and the proposed directors and officers of the corporation being formed are trustworthy, competent, and collectively have the competence and experience to offer the particular plans proposed; and
(3) The director is satisfied that the plan is consistent with the interest of the persons to be served and the public.
Source
Laws 1982, LB 139, § 14.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3815 - Corporation; existence commenced; effect.

44-3815.
Corporation; existence commenced; effect.
Upon the issuance of the certificate of authority, and upon the issuance of the certificate of incorporation by the Secretary of State, the existence of the corporation organized under sections 44-3801 to 44-3826 shall begin, the articles and bylaws shall become effective, the proposed directors and officers shall take office, and the corporation shall be authorized to offer prepaid dental service plans in this state subject to the requirements and restrictions of sections 44-3801 to 44-3826.
Source
Laws 1982, LB 139, § 15.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3816 - Corporation; investments; limitation.

44-3816.
Corporation; investments; limitation.
A corporation organized under sections 44-3801 to 44-3826 shall invest its funds as provided by Chapter 44 and its investments shall be valued as provided by Chapter 44. The investments shall exceed its liabilities and reserves except for claim liability covered by contracting dentist guarantees, and it shall be a continuing condition of licensing by the director that such solvency be maintained.
Source
Laws 1982, LB 139, § 16.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3817 - Corporation; reserves.

44-3817.
Corporation; reserves.
A corporation organized under sections 44-3801 to 44-3826 shall maintain the reserves necessary for the sound operation of its prepaid dental service plans, including unearned payment reserves. The amount and manner of calculating such reserves shall be determined by rule and regulation of the director.
Source
Laws 1982, LB 139, § 17.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3818 - Corporation; prohibited memberships; laws not applicable.

44-3818.
Corporation; prohibited memberships; laws not applicable.
A prepaid dental service corporation shall not be a member of the Nebraska Property and Liability Insurance Guaranty Association described in Chapter 44, article 24, or the Nebraska Life and Health Insurance Guaranty Association described in Chapter 44, article 27. The Nebraska Property and Liability Insurance Guaranty Association Act and the Nebraska Life and Health Insurance Guaranty Association Act shall not be applicable to prepaid dental service plans.
Source
Laws 1982, LB 139, § 18.
Cross References
Nebraska Life and Health Insurance Guaranty Association Act, see section 44-2720.
Nebraska Property and Liability Insurance Guaranty Association Act, see section 44-2418.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3819 - Corporation; advancement of funds; repayment; conditions.

44-3819.
Corporation; advancement of funds; repayment; conditions.
Any person may advance to a corporation organized under sections 44-3801 to 44-3826 on a contingent liability base such funds as are necessary for the purposes of its business or to enable it to comply with any requirements of sections 44-3801 to 44-3826. Such money and interest thereon as may have been agreed upon shall be repayable but shall be repaid only on prior approval by the director. Repayment shall only be made out of operating surplus after reserve requirements have been met. No assessments against members may be levied for the purpose of repayment and no dividends may be paid to members or shareholders as long as interest or repayment installments remain unpaid.
Source
Laws 1982, LB 139, § 19.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3820 - Corporation; laws governing.

44-3820.
Corporation; laws governing.
All corporations organized pursuant to sections 44-3801 to 44-3826 shall be governed by such other laws regulating profit and nonprofit corporations as do not conflict with sections 44-3801 to 44-3826.
Source
Laws 1982, LB 139, § 20.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3821 - Corporation; department; power to examine.

44-3821.
Corporation; department; power to examine.
The Department of Insurance may appoint any deputy or examiner or other persons who shall have the power of visitation and examination into the affairs of any corporation organized pursuant to sections 44-3801 to 44-3826. Such deputy or examiner shall have free access to all the books, papers, and documents that relate to the business of the corporation, and may summon and qualify witnesses under oath to examine its officers, agents, or employees or other persons in relation to the affairs, transactions, and condition of such corporation.
Source
Laws 1982, LB 139, § 21.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3822 - Corporation; supervision, rehabilitation, conservation, dissolution, or liquidation.

44-3822.
Corporation; supervision, rehabilitation, conservation, dissolution, or liquidation.
Any supervision, rehabilitation, conservation, dissolution, or liquidation of a corporation organized under sections 44-3801 to 44-3826 shall be conducted pursuant to the Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act.
Source
Laws 1982, LB 139, § 22;
Laws 1989, LB 319, § 78.
Cross References
Nebraska Insurers Supervision, Rehabilitation, and Liquidation Act, see section 44-4862.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3823 - Corporation; annual statement.

44-3823.
Corporation; annual statement.
Each corporation organized under sections 44-3801 to 44-3826 shall annually on March 1 file with the department its statement for the preceding calendar year, in the form prescribed by the director, showing all payments received for prepaid dental services in this state. Such annual statements may use accounting principles common to its business, but such accounting principles shall enable the director to ascertain whether the reserve required by section 44-3817 has been maintained.
Source
Laws 1982, LB 139, § 23.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3824 - Corporation; failure to file statement; penalty.

44-3824.
Corporation; failure to file statement; penalty.
Any corporation organized under sections 44-3801 to 44-3826 neglecting to file the annual statement in the form and within the time provided by section 44-3823 shall forfeit one hundred dollars for each day during which such neglect continues, and, upon notice by the director to that effect, its authority to do business in this state shall cease while such default continues.
Source
Laws 1982, LB 139, § 24.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3825 - Corporation; additional reports.

44-3825.
Corporation; additional reports.
In addition to an annual statement, the director may require of corporations, under oath and in the form prescribed by the director, such additional regular or special reports as the director may deem necessary to the proper supervision of corporations under sections 44-3801 to 44-3826.
Source
Laws 1982, LB 139, § 25.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3826 - Corporation; taxation.

44-3826.
Corporation; taxation.
Any corporation organized pursuant to sections 44-3801 to 44-3826 shall be subject to taxation under the provisions of Chapter 77, article 9, to the extent that direct writing premiums are subject to taxation under such article.
Source
Laws 1982, LB 139, § 26.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3901 - Continuing education; purpose.

44-3901.
Continuing education; purpose.
The purpose of sections 44-3901 to 44-3908 is to establish requirements for continuing education of insurance producers and consultants who are licensed in order to maintain and improve the quality of insurance services provided to the public.
Source
Laws 1982, LB 274, § 1;
Laws 2008, LB855, § 21.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3902 - Terms, defined.

44-3902.
Terms, defined.
For purposes of sections 44-3901 to 44-3908, unless the context otherwise requires:
(1) Active participation means either (a) attendance at formal meetings of a professional insurance association where a formal business program is presented, (b) service on the board of directors or a formal committee of a professional insurance association and involvement in the activities of such board or committee, or (c) participation in industry, regulatory, or legislative meetings held by or on behalf of a professional insurance association;
(2) Department means the Department of Insurance;
(3) Director means the Director of Insurance;
(4) Licensee means a natural person who is licensed by the department as a resident insurance producer or consultant;
(5) Professional insurance association means a state or national membership organization that offers courses, lectures, seminars, or other instructional programs certified by the director as approved continuing education activities pursuant to section 44-3905, is organized as an association or corporation for the express purpose of promoting the interests of insurance licensees in this state or nationally, and is based on paid membership renewable annually or biennially for a membership fee; and
(6) Two-year period means (a) the period commencing on the date of licensing and ending on the date of expiration of the licensee's first license and (b) each succeeding twenty-four-month period beginning on the date of expiration of the licensee's first license regardless of the time period such license is in effect.
Source
Laws 1982, LB 274, § 2;
Laws 1989, LB 92, § 242;
Laws 1999, LB 260, § 4;
Laws 2008, LB855, § 22;
Laws 2018, LB486, § 1;
Laws 2021, LB21, § 4.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3903 - Continuing education requirements; exceptions.

44-3903.
Continuing education requirements; exceptions.
Sections 44-3901 to 44-3908 shall not apply to the following persons:
(1) Licensees for whom an examination is not required under the laws of this state;
(2) Licensees who sell or consult only in the areas of credit life insurance and credit accident and health insurance;
(3) Licensees who sell or consult only in the area of travel insurance;
(4) Licensees who sell or consult only in the area of self-service storage facility insurance pursuant to section 44-4069;
(5) Licensees holding such limited or restricted licenses as the director may exempt; and
(6) Licensees in their first license period if that first license expires less than one year after the date of licensing.
Source
Laws 1982, LB 274, § 3;
Laws 1985, LB 48, § 1;
Laws 1989, LB 92, § 243;
Laws 1990, LB 984, § 1;
Laws 2001, LB 51, § 34;
Laws 2015, LB458, § 1;
Laws 2018, LB1012, § 1;
Laws 2021, LB21, § 5.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3907 - Continuing education requirements; extension of time; failure to comply; effect.

44-3907.
Continuing education requirements; extension of time; failure to comply; effect.
(1) For good cause shown, the director may grant an extension of time during which the requirements imposed by sections 44-3901 to 44-3908 may be completed, but such extension of time shall not exceed the period of one year.
(2) The director shall not renew a license nor issue a new license to any licensee who has failed to comply with the requirements set forth in sections 44-3901 to 44-3908.
Source
Laws 1982, LB 274, § 7.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-3908 - Rules and regulations.

44-3908.
Rules and regulations.
The director may adopt and promulgate rules and regulations for the effective administration of sections 44-3901 to 44-3908 pursuant to the Administrative Procedure Act.
Source
Laws 1982, LB 274, § 8;
Laws 2018, LB743, § 23.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4047 - Act, how cited.

44-4047.
Act, how cited.
Sections 44-4047 to 44-4069 shall be known and may be cited as the Insurance Producers Licensing Act.
Source
Laws 1984, LB 801, § 1;
Laws 1991, LB 419, § 2;
Laws 1993, LB 583, § 93;
Laws 1999, LB 424, § 2;
R.S.Supp.,2000, § 44-4001;
Laws 2001, LB 51, § 1;
Laws 2015, LB458, § 3;
Laws 2018, LB1012, § 2.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4048 - Purpose; applicability.

44-4048.
Purpose; applicability.
(1) The Insurance Producers Licensing Act governs the qualifications and procedures for the licensing of insurance producers. The act is intended to improve efficiency, permit the use of new technology, and reduce costs associated with issuing and renewing insurance licenses.
(2) The act does not apply to excess and surplus lines agents and brokers licensed pursuant to the Surplus Lines Insurance Act except as provided in section 44-4054 and subsection (2) of section 44-4063.
Source
Laws 2001, LB 51, § 2.
Cross References
Surplus Lines Insurance Act, see section 44-5501.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4050 - Licensure required; enforcement.

44-4050.
Licensure required; enforcement.
A person shall 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 the Insurance Producers Licensing Act. A person who sells, solicits, or negotiates insurance in this state for any class of insurance who is not licensed for that line of authority may be restrained by temporary and permanent injunctions.
Source
Laws 2001, LB 51, § 4.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4052 - Licensure examination; requirements.

44-4052.
Licensure examination; requirements.
(1) A resident individual applying for an insurance producer license shall pass a written examination unless exempt pursuant to section 44-4056 or 44-4069 or subsection (4) of section 44-9304. 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, rules, and regulations of this state. Examinations required by this section shall be developed and conducted under rules and regulations adopted and promulgated by the director.
(2) The director may make arrangements, including contracting with an outside testing service, for administering examinations and collecting the nonrefundable fee set forth in section 44-4064.
(3) Each individual applying for an examination shall remit a nonrefundable fee as prescribed by the director as set forth in section 44-4064.
(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.
Source
Laws 2001, LB 51, § 6;
Laws 2015, LB458, § 4;
Laws 2018, LB1012, § 3;
Laws 2022, LB863, § 24.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4053 - Licensure application; approval requirements; program of instruction.

44-4053.
Licensure application; approval requirements; program of instruction.
(1) A person applying for a resident insurance producer license shall make application to the director on the uniform application and declare under penalty of denial, 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 director shall find that the individual:
(a) Is at least eighteen years of age. Notwithstanding the provisions of section 43-2101, if any person is issued a license pursuant to the Insurance Producers Licensing Act, his or her minority ends;
(b) Has not committed any act that is a ground for denial, suspension, or revocation set forth in section 44-4059;
(c) Has paid the fees set forth in section 44-4064; and
(d) Has successfully passed the examinations for the lines of authority for which the person has applied.
(2) A business entity acting as an insurance producer is required to obtain an insurance producer license. Application shall be made using the uniform business entity application. Before approving the application, the director shall find that:
(a) The business entity has paid the fees set forth in section 44-4064; and
(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.
(3) The director may require any documents reasonably necessary to verify the information contained in an application.
(4) 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 director.
Source
Laws 2001, LB 51, § 7;
Laws 2018, LB743, § 24.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4055 - Nonresident license; requirements.

44-4055.
Nonresident license; requirements.
(1) Unless denied licensure pursuant to section 44-4059, a nonresident person shall receive a nonresident insurance producer license if:
(a) The person is currently licensed as a resident and in good standing in his or her home state;
(b) The person has submitted the proper request for licensure and has paid the fees required by section 44-4064;
(c) The person has submitted or transmitted to the director the application for licensure that the person submitted to his or her home state, or in lieu of the same, a completed uniform application; and
(d) The person's home state awards nonresident producer licenses to residents of this state on the same basis.
(2) The director may verify the insurance producer's licensing status through the producer database maintained by the National Association of Insurance Commissioners or its affiliates or subsidiaries.
(3) A nonresident insurance 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 thirty days of the change of legal residence. No fee or license application is required for the filing of the change of address.
(4) Notwithstanding any other provision of the Insurance Producers Licensing Act, a person licensed as a surplus lines insurance producer in his or her home state shall receive a nonresident surplus lines producer license pursuant to subsection (1) of this section. Except as to subsection (1) of this section, nothing in this section otherwise amends or supersedes any provision of the Surplus Lines Insurance Act.
(5) Notwithstanding any other provisions of the Insurance Producers Licensing Act, a person licensed as a limited line credit insurance producer, a limited line pre-need funeral insurance producer, or other type of limited lines producer in his or her home state shall receive a nonresident limited lines insurance producer license, pursuant to subsection (1) of this section, granting the same scope of authority as granted under the license issued by the producer's home state.
Source
Laws 2001, LB 51, § 9;
Laws 2015, LB198, § 5.
Cross References
Surplus Lines Insurance Act, see section 44-5501.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4056 - Examination; exemptions.

44-4056.
Examination; exemptions.
(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 any examination. This exemption is only available if the person is currently licensed in that state or if the application 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 or that state's producer database records, maintained by the National Association of Insurance Commissioners or its affiliates or subsidiaries, indicate that the producer is or was licensed in good standing for the line of authority requested.
(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 44-4053. No examination shall be required of that person to obtain any line of authority previously held in the prior state except if the director determines otherwise by rule and regulation.
Source
Laws 2001, LB 51, § 10;
Laws 2018, LB743, § 25.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4058 - Temporary license; requirements; limitations.

44-4058.
Temporary license; requirements; limitations.
(1) The director may issue a temporary insurance producer license for a period not to exceed one hundred eighty days without requiring an examination if the director 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 producer or for the recovery or return of the producer to such business or to provide for the training and licensing of new personnel to operate the 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 of America; or
(d) In any other circumstance in which the director deems that the public interest will best be served by the issuance of the license.
(2) The director may by order limit the authority of any temporary licensee in any way deemed necessary to protect insureds and the public. The director 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 director may by order revoke a temporary license if the interest of insureds or the public are endangered, or for the grounds set forth in section 44-4059. A temporary license may not continue after the owner or the personal representative disposes of the business.
Source
Laws 2001, LB 51, § 12.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4060 - Payments; restrictions.

44-4060.
Payments; restrictions.
(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 the Insurance Producers Licensing Act 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 the act 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 the act 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 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 section 44-361.
Source
Laws 2001, LB 51, § 14.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4061 - Appointed agent; requirements; fees.

44-4061.
Appointed agent; requirements; fees.
(1) An insurance producer shall 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.
(2) To appoint an insurance producer as its agent, the appointing insurer shall file, in a format approved by the director, a notice of appointment within fifteen days from the date the agency contract is executed or the first insurance application is submitted. An insurer may also elect to appoint an insurance producer to all or some insurers within the insurer's holding company system or group by the filing of a single appointment request.
(3) An insurer shall pay an appointment fee, in the amount and method of payment set forth in section 44-4064, for each insurance producer appointed by the insurer.
(4) An insurer shall remit, in a manner prescribed by the director, a renewal appointment fee in the amount set forth in section 44-4064.
Source
Laws 2001, LB 51, § 15.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4063 - Licensure requirements; waiver; when.

44-4063.
Licensure requirements; waiver; when.
(1) The director shall waive any requirements for a nonresident insurance producer license applicant with a valid license from his or her home state, except the requirements imposed by section 44-4055, if the applicant's home state awards nonresident licenses to residents of this state on the same basis.
(2) A nonresident producer's satisfaction of his or her home state's continuing education requirements for licensed insurance producers shall constitute 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 insurance producers from this state on the same basis.
Source
Laws 2001, LB 51, § 17.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4064 - Fees.

44-4064.
Fees.
(1) Before any license or appointment is issued or renewed under the Insurance Producers Licensing Act or before any appointment is terminated, the person requesting such license shall pay or cause to be paid to the director the following fee or fees, if applicable, as established by the director:
(a) For each insurance producer license, a fee not to exceed one hundred dollars;
(b) For each annual appointment, a fee not to exceed ten dollars;
(c) For each termination of an appointment, a fee not to exceed ten dollars;
(d) A late renewal fee not to exceed one hundred twenty-five dollars;
(e) A reinstatement fee not to exceed one hundred seventy-five dollars; and
(f) For each business entity license, a fee not to exceed fifty dollars.
(2) If a licensed person (a) desires to add a line or lines of insurance to his or her existing license, (b) seeks to change any other information contained in the license for any reason, or (c) applies for a duplicate license, such person shall pay to the director a fee established by the director to cover the expense of replacing the license.
(3) The director shall not prorate fees imposed pursuant to subsection (1) of this section and shall not refund fees to any person in the event of a license denial. The director may refund fees paid pursuant to this section if the payment has been made in error.
Source
Laws 2001, LB 51, § 18;
Laws 2008, LB855, § 27.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4065 - Reports.

44-4065.
Reports.
(1) An insurance producer shall report to the director any administrative action taken against the producer in another jurisdiction, by a professional self-regulatory organization such as the Financial Industry Regulatory Authority or a similar organization, or by another governmental agency within thirty days of the final disposition of the matter. This report shall include a copy of the order, consent to order, or other relevant legal documents.
(2) An insurance producer shall report to the director any obligation regarding insurance premiums or fiduciary funds owed to a company, including a premium finance company, or a managing general agent within thirty days of the date of discharge or attempt to discharge such obligation in a personal or organizational bankruptcy proceeding.
(3) Within thirty days of the date of arraignment or date of waiver of arraignment, if waived, an insurance producer shall report to the director any criminal prosecution of the 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.
(4) For purposes of this section, administrative action shall include, but not be limited to, any arbitration or mediation award, disciplinary action, civil action, or sanction taken against or involving an insurance producer.
Source
Laws 2001, LB 51, § 19;
Laws 2009, LB192, § 3.
Annotations
Under the Insurance Producers Licensing Act, if an insurance producer fails to report a civil action taken against the producer in another jurisdiction within 30 days of the final disposition of the civil action, the producer violates the reporting requirement. Diamond v. State, 302 Neb. 892, 926 N.W.2d 71 (2019).
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4101 - Definitions, where found.

44-4101.
Definitions, where found.
For the purposes of sections 44-4101 to 44-4113, unless the context otherwise requires, the definitions found in sections 44-4102 to 44-4107 shall be used.
Source
Laws 1984, LB 902, § 1;
Laws 1995, LB 473, § 5.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4103 - Insurer, defined.

44-4103.
Insurer, defined.
Insurer shall mean any insurance company as defined in section 44-103, fraternal benefit society as described in section 44-1072, prepaid dental service plan as defined in section 44-3802, or health maintenance organization as defined in section 44-32,105 authorized to transact health insurance business in the State of Nebraska.
Source
Laws 1984, LB 902, § 3;
Laws 1985, LB 508, § 39;
Laws 1989, LB 92, § 265;
Laws 1990, LB 1136, § 100.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4104 - Insurance arrangement, defined.

44-4104.
Insurance arrangement, defined.
Insurance arrangement shall mean any plan, program, contract, or combination thereof, or other arrangement under which one or more employers, unions, or other organizations provide to their employees or members, either directly or indirectly through a trust, third-party administrator, or group health insurance plan with an insurer, or any combination thereof, health care services or benefits.
Source
Laws 1984, LB 902, § 4.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4105 - Participant or participant in an insurance arrangement, defined.

44-4105.
Participant or participant in an insurance arrangement, defined.
Participant or participant in an insurance arrangement shall mean any employer, union, or other organization providing health care services or benefits to its employees or members through an insurance arrangement.
Source
Laws 1984, LB 902, § 5.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4106 - Preferred providers, defined.

44-4106.
Preferred providers, defined.
Preferred providers shall mean providers of health services who agree to furnish services in a manner reasonably expected to contain or lower costs by contracting with insurers and participants in insurance arrangements or an insurer or participant organized as a provider of health services providing such services under a preferred provider contract.
Source
Laws 1984, LB 902, § 6.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4107 - Prospective reimbursement, defined.

44-4107.
Prospective reimbursement, defined.
Prospective reimbursement shall mean a system whereby provider rates are established prior to the period to which they apply and the provider incurs financial risk for costs in excess of the predetermined rates.
Source
Laws 1984, LB 902, § 7.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4109 - Preferred provider insurance arrangements; authorized.

44-4109.
Preferred provider insurance arrangements; authorized.
An insurer or a participant in an insurance arrangement may enter into contracts to purchase health services on a bid or negotiated basis with health providers at alternative rates of reimbursement and offer such benefit to insureds. Such insurers and participants in insurance arrangements may offer or administer a health benefit plan including preferred provider policies or contracts which limit the number and types of providers of health services eligible for payment as preferred providers under such policies or contracts. Insurers and participants in insurance arrangements may establish terms and conditions which shall be met by a provider of health services in order to qualify for payment as a preferred provider under such policies or contracts. Such terms and conditions may include provisions which identify the method of payment for services, including, but not limited to, development of prospective reimbursement systems.
Source
Laws 1984, LB 902, § 9.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4110 - Development of preferred provider organizations; conditions.

44-4110.
Development of preferred provider organizations; conditions.
All providers of health services in Nebraska may develop preferred provider organizations and contract with insurers and participants in insurance arrangements if such providers have met all licensure and certification requirements necessary to practice a specific profession or to operate a specific health care facility pursuant to the Health Care Facility Licensure Act and the Uniform Credentialing Act. An organization of preferred providers may limit itself to one or more specific professions or specialties within a profession, as defined in the Uniform Credentialing Act, and may limit the number of participating providers to that required to adequately meet the need for its particular program and the purpose of sections 44-4101 to 44-4113 to furnish health services in a manner reasonably expected to contain or lower costs.
Source
Laws 1984, LB 902, § 10;
Laws 1995, LB 473, § 6;
Laws 2007, LB463, § 1139.
Cross References
Health Care Facility Licensure Act, see section 71-401.
Uniform Credentialing Act, see section 38-101.
2023 Nebraska Revised Statutes › Chapter 44 - Insurance › 44-4110.01 - Confidential information; disclosure prohibited; exception.

44-4110.01.
Confidential information; disclosure prohibited; exception.
Any data or information pertaining to the diagnosis, treatment, or health of any insured or applicant obtained from such person or from any provider by any preferred provider organization shall be held in confidence and shall not be disclosed to any person except (1) upon the express consent of the insured or applicant, (2) pursuant to statute or court order for the production of evidence or the discovery thereof, or (3) in the event of a claim or litigation between such person and the preferred provider organization in which such data or information is pertinent. A preferred provider organization shall be entitled to claim any statutory privileges against such disclosure which the provider who furnished such information to the preferred provider organization is entitled to claim.
Source
Laws 1990, LB 1136, § 101.