reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 11A - Insurance Producers › § 31–1131.05a. Pre-licensing education

§ 31–1131.05a. Pre-licensing education.
(a) The Commissioner may require, by rule, that an individual, other than an applicant for a title insurance producer license, complete a pre-licensing course of study before:
(1) Taking the examination required by § 31-1131.05; or
(2) Applying for an insurance producer license.
(b) An insurer that sells, solicits, or negotiates a limited line of insurance in the District shall provide to each individual whose duties will include selling, soliciting, or negotiating the insurer’s limited line of insurance in the District a program of instruction that is approved by the Commissioner. The insurer shall provide the program of instruction to the individual prior to the individual’s application for licensure as a limited lines insurance producer.
(Mar. 27, 2003, D.C. Law 14-264, § 5a; as added May 13, 2008, D.C. Law 17-155, § 2(d), 55 DCR 3683; Sept. 24, 2010, D.C. Law 18-223, § 2166(b), 57 DCR 6242.)
Section References
This section is referenced in § 31-1131.09 and § 31-5051.02.
Effect of Amendments
D.C. Law 18-223, in subsec. (a), substituted “individual, other than an applicant for a title insurance producer license, complete” for “individual complete”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 2166(b) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 11A - Insurance Producers › § 31–1131.05b. Pre-licensing education for title insurers

§ 31–1131.05b. Pre-licensing education for title insurers.
(a) The Commissioner may require, by rule, that an individual, not exempt under subsections (b), (c), or (d) of this section, complete a pre-licensing course of study before:
(1) Taking the examination required by § 31-1131.05; or
(2) Applying for an insurance producer license.
(b) An attorney who holds a license to practice law in any state or the District of Columbia shall be exempt from pre-licensing course of study requirements and examination requirements.
(c) An title agent insurance applicant who provides certification from a title insurance insurer that the agent has had signing authority on policies or title insurance commitments for the past 3 years relating to properties located within the District of Columbia shall be exempt from the pre-licensing course of study requirements and the examination requirements; provided, that the certification is submitted to the Commissioner within one year after September 24, 2010.
(d) A full-time employee of a title insurer shall be exempt from the pre-licensing course of study requirement.
(e) The District of Columbia Land Title Association, or other organization designated by the Commissioner by rule, shall provide to each individual whose duties will include selling, soliciting, or negotiating a title insurer’s limited line of title insurance in the District a program of instruction that is approved by the Commissioner. The insurer shall provide the program of instruction to the individual prior to the individual’s application for licensure as a limited lines insurance producer.
(Mar. 27, 2003, D.C. Law 14-264, § 5b; as added Sept. 24, 2010, D.C. Law 18-223, § 2166(3), 57 DCR 6242; Nov. 5, 2013, D.C. Law 20-40, § 6(a), 60 DCR 12304.)
Section References
This section is referenced in § 31-1131.05.
Effect of Amendments
The 2013 amendment by D.C. Law 20-40 substituted “may” for “shall” in the introductory language of (a).
Emergency Legislation
For temporary (90 day) addition of section, see § 2166(3) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 11A - Insurance Producers › § 31–1131.06a. Fingerprinting

§ 31–1131.06a. Fingerprinting.
(a) An individual applying for a resident insurance producer license under this chapter (except for an individual applying only for a limited lines insurance producer license) and each officer, director, partner of, and owner of a controlling interest in, a business entity applying for a resident insurance producer license under this chapter (except for a business entity applying only for a limited lines insurance producer license) shall submit to the Commissioner the individual’s fingerprints along with the individual’s name, address, and written consent to the performance of a criminal history record background check.
(b) The Commissioner may require, by rule, that an individual applying only for a resident limited lines insurance producer license and each officer, director, partner of, and owner of a controlling interest in, a business entity applying only for a resident limited lines insurance producer license, shall submit to the Commissioner his or her fingerprints along with his or her name, address, and written consent to the performance of a criminal history record background check.
(c) The Commissioner may exchange the fingerprints and other information with, and receive criminal history record information from, the Metropolitan Police Department and the Federal Bureau of Investigation for the purposes of facilitating determinations regarding eligibility for licensure under this chapter.
(d) The individual or business entity applying for licensure shall bear the cost of the criminal history record background check and all costs of administering and processing the background check.
(Mar. 27, 2003, D.C. Law 14-264, § 6a; as added May 13, 2008, D.C. Law 17-155, § 2(f), 55 DCR 3683.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 11A - Insurance Producers › § 31–1131.07a. Term of license; renewal

§ 31–1131.07a. Term of license; renewal.
(a) An initial individual insurance producer license issued after May 13, 2008, and the first renewal after May 13, 2008, of an individual insurance producer license initially issued before May 13, 2008, shall expire on the last day of the birth month of the producer that falls not less than 18 months and not more than 29 months after the effective date of the license.
(b) An initial business entity insurance producer license issued after May 13, 2008, and the first renewal after May 13, 2008, of a business entity insurance producer license initially issued before May 13, 2008, shall expire on the May 31 that falls not less than 18 months and not more than 29 months after the effective date of the license.
(c) A renewal of an existing license shall expire 2 years after the expiration date of the license period; provided, that the first renewal after May 13, 2008, of a license initially issued before May 13, 2008, shall be governed by subsections (a) and (b) of this section.
(d) A person shall apply for or request renewal of a license on a form, or through such means, as may be prescribed by the Commissioner.
(e) The Commissioner shall renew an insurance producer license if:
(1) The producer applies for or requests license renewal on the form, or through such means, prescribed by the Commissioner;
(2) All fees prescribed by the Commissioner are paid;
(3) If the producer is a resident insurance producer:
(A) The continuing education requirements, if any, have been met;
(B) The license is not subject to non-renewal under § 31-1131.12; and
(C) The person has submitted a full set of fingerprints, if required by law or rule; and
(4) If the producer is a nonresident producer, he or she continues to be licensed as a resident producer, in good standing, in his or her home state.
(f) An individual insurance producer who allows his or her license to lapse may, within one year after the expiration date of the license, reinstate the same license without the necessity of passing a written examination; provided, that the producer shall pay a penalty in the amount of twice the unpaid renewal fee.
(g) An insurance producer who is unable to comply with the license renewal procedures due to military service or some other extenuating circumstance may request a waiver of those procedures. The insurance producer may also request a waiver of any examination requirement or any other penalty or sanction imposed for failure to comply with renewal procedures.
(Mar. 27, 2003, D.C. Law 14-264, § 7a; as added May 13, 2008, D.C. Law 17-155, § 2(h), 55 DCR 3683.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 11A - Insurance Producers › § 31–1131.07b. Continuing education

§ 31–1131.07b. Continuing education.
All individual title insurance producers shall fulfill the following continuing education requirements:
(1) Eight hours biennially for District of Columbia barred attorneys in courses specific to District of Columbia real estate laws and related regulations, and any other continuing education courses approved by the Commissioner;
(2) Sixteen hours biennially for resident title insurance producers in instruction specific to District of Columbia real estate laws and related regulations, and continuing education courses approved by the Commissioner of which not more than 8 hours may be completed through on-line or video-based courses; or
(3) Four hours of instruction biennially for nonresident title insurance producers in instruction specific to District of Columbia real estate laws and related regulations.
(Mar. 27, 2003, D.C. Law 14-264, § 7b; as added May 13, 2008, D.C. Law 17-155, § 2(h), 55 DCR 3683; Sept. 24, 2010, D.C. Law 18-223, § 2166(d), 57 DCR 6242; Nov. 5, 2013, D.C. Law 20-40, § 6(c), 60 DCR 12304.)
Effect of Amendments
D.C. Law 18-223 rewrote the section, which had read as follows: “The Commissioner may establish continuing education requirements for resident insurance producers.”
The 2013 amendment by D.C. Law 20-40 rewrote this section.
Emergency Legislation
For temporary (90 day) amendment of section, see § 2166(d) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 11A - Insurance Producers › § 31–1131.08a. Changes of name, residency, or address

§ 31–1131.08a. Changes of name, residency, or address.
(a) A licensee shall inform the Commissioner of a change of the licensee’s residential or business address within 30 days of the change of address. A nonresident insurance producer who moves from one state to another state or a resident insurance producer who moves from the District to another state shall file a change of address and provide certification from the new resident state within 30 days after the change of residence. No fee or license application shall be required.
(b) A licensee shall inform the Commissioner of a change of the licensee’s legal or corporate name within 30 days after the change of name.
(c) Failure to timely inform the Commissioner of a change in legal name or address shall result in a penalty as prescribed by the Commissioner.
(d) A person licensed as an insurance producer in another state who moves to the District shall make application within 90 days of establishing legal residence to become a resident licensee under § 31-1131.06 unless the person maintains his principal place of business in another state and the person has a resident insurance producer license in that state.
(Mar. 27, 2003, D.C. Law 14-264, § 8a; as added May 13, 2008, D.C. Law 17-155, § 2(j), 55 DCR 3683.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 11A - Insurance Producers › § 31–1131.09. Exemption from examination and prelicensing education

§ 31–1131.09. Exemption from examination and prelicensing education.
(a) An individual who applies for a resident insurance producer license in the District shall not be required to complete any prelicensing education (if prelicensing education is required by the Commissioner pursuant to § 31-1131.05a) or examination if:
(1) The individual is currently licensed for the same line of authority in another state; or
(2)(A) The application is received within 90 days of the cancellation of the applicant’s previous license for the same lines of authority in another state; and
(B)(i) The prior state issues a certification that, at the time of cancellation, the person was in good standing in that state; or
(ii) The state’s producer database records, maintained by the NAIC, its affiliates, or subsidiaries, indicate that the producer is or was licensed in good standing for the line of authority requested.
(b) Repealed.
(c) Repealed.
(d) Repealed.
(e) Repealed.
(Mar. 27, 2003, D.C. Law 14-264, § 9, 50 DCR 260; May 13, 2008, D.C. Law 17-155, § 2(k), 55 DCR 3683.)
Section References
This section is referenced in § 31-1131.05 and § 31-1131.06.
Effect of Amendments
D.C. Law 17-155 rewrote the section.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 11A - Insurance Producers › § 31–1131.10. Assumed names

§ 31–1131.10. Assumed names.
An insurance producer doing business under any name other than the producer’s legal name shall notify the Commissioner prior to using the assumed name.
(Mar. 27, 2003, D.C. Law 14-264, § 10, 50 DCR 260.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 11A - Insurance Producers › § 31–1131.11. Temporary licensing

§ 31–1131.11. Temporary licensing.
(a) The Commissioner may issue a temporary insurance producer license for a period not to exceed 180 days without requiring an examination if the Commissioner determines that the temporary license shall be necessary for the servicing of an insurance business for:
(1) The surviving spouse or court-appointed personal representative of a licensed insurance producer who dies or acquires a mental or physical disability 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;
(2) 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;
(3) The designee of a licensed insurance producer entering active service in the armed forces of the United States of America; or
(4) Any other circumstance that the Commissioner determines that the public interest will best be served by the issuance of the license.
(b) The Commissioner may, by order, limit the authority of a temporary licensee in any way which the Commissioner considers to be necessary to protect insureds and the public. The Commissioner may require the temporary licensee to have a suitable sponsor who is a licensed insurance producer or insurer and who assumes responsibility for all acts of the temporary licensee and may impose other similar requirements designed to protect insureds and the public. The Commissioner may, by order, revoke a temporary license if the interests of the insureds or the public are endangered. A temporary license shall not continue after the owner or the personal representative disposes of the business.
(Mar. 27, 2003, D.C. Law 14-264, § 11, 50 DCR 260; Apr. 24, 2007, D.C. Law 16-305, § 40, 53 DCR 6198.)
Effect of Amendments
D.C. Law 16-305, in subsec. (a)(1), substituted “acquires a mental or physical disability” for “becomes mentally or physically disabled”.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 11A - Insurance Producers › § 31–1131.13. Commissions

§ 31–1131.13. Commissions.
(a) An insurer or insurance producer shall not pay a commission, service fee, brokerage fee, or other valuable consideration to a person for selling, soliciting, or negotiating insurance in the District if that person is required to be licensed under this chapter and is not licensed.
(b) A person shall not accept a commission, service fee, brokerage fee, or other valuable consideration for selling, soliciting, or negotiating insurance in the District if that person is required to be licensed under this chapter and is not licensed.
(c) Renewal or other deferred commissions may be paid to a person for selling, soliciting, or negotiating insurance in the District if the person was required to be licensed under this chapter at the time of the sale, solicitation, or negotiation and was licensed at that time.
(d) An insurer or insurance producer may pay or assign commissions, service fees, brokerage fees, or other valuable consideration to an insurance agency or to persons who do not sell, solicit, or negotiate insurance in the District unless the payment would violate this chapter or any other District law relating to insurance.
(Mar. 27, 2003, D.C. Law 14-264, § 13, 50 DCR 260.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 11A - Insurance Producers › § 31–1131.14. Appointments

§ 31–1131.14. Appointments.
(a) 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 shall not be required to become appointed.
(b) To appoint an insurance producer as its agent, the appointing insurer shall file, on a form prescribed by the Commissioner, a notice of appointment within 30 days from the date that the agency contract is executed or the first insurance application is submitted.
(c) Upon receipt of the notice of appointment, the Commissioner shall verify, within 10 days, that the insurance producer is eligible for appointment. If the insurance producer is determined to be ineligible for appointment, the Commissioner shall notify the insurer within 5 days of the determination.
(d) An insurer shall pay an appointment fee, in the amount and on or before the date prescribed by the Commissioner, for each insurance producer appointed by the insurer.
(e) An insurer shall pay a renewal appointment fee in the amount and on or before the date prescribed by the Commissioner.
(Mar. 27, 2003, D.C. Law 14-264, § 14, 50 DCR 260.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 11A - Insurance Producers › § 31–1131.16. Reciprocity

§ 31–1131.16. Reciprocity.
(a) Except for the requirements imposed by § 31-1131.08, the Commissioner shall waive any requirements for a nonresident license applicant with a valid license from his or her home state, if the applicant’s home state awards nonresident licenses to residents of the District on the same basis. The Commissioner may waive any requirements, except for those imposed by § 31-1131.08, for a nonresident license applicant with a valid license from the applicant’s home state if the applicant’s home state does not award nonresident licenses to residents of the District on the same basis.
(b) A nonresident insurance producer’s satisfaction of his or her home state’s continuing education requirements for licensed insurance producers shall constitute satisfaction of the District’s continuing education requirements if the nonresident producer’s home state recognizes the satisfaction of its continuing education requirements imposed upon insurance producers from the District on the same basis. The Commissioner may determine that a nonresident insurance producer’s satisfaction of his or her home state’s continuing education requirements for licensed insurance producers constitutes satisfaction of the District’s continuing education requirements if the nonresident producer’s home state does not recognize the satisfaction of its continuing education requirements imposed upon insurance producers from the District on the same basis.
(c) A license issued to a nonresident of the District shall grant the same rights and privileges as a resident licensee.
(Mar. 27, 2003, D.C. Law 14-264, § 16, 50 DCR 260; May 13, 2008, D.C. Law 17-155, § 2(m), 55 DCR 3683.)
Effect of Amendments
D.C. Law 17-155, in subsec. (a), inserted: “The Commissioner may waive any requirements, except for those imposed by § 31-1131.08, for a nonresident license applicant with a valid license from the applicant’s home state if the applicant’s home state does not award nonresident licenses to residents of the District on the same basis.”; in subsec. (b), inserted “The Commissioner may determine that a nonresident insurance producer’s satisfaction of his or her home state’s continuing education requirements for licensed insurance producers constitutes satisfaction of the District’s continuing education requirements if the nonresident producer’s home state does not recognize the satisfaction of its continuing education requirements imposed upon insurance producers from the District on the same basis.”; and, in subsec. (c) deleted: “An applicant may qualify for a license under this chapter as a nonresident only if the applicant holds an equivalent license in his or her home state.”
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 11A - Insurance Producers › § 31–1131.17. Reporting of actions

§ 31–1131.17. Reporting of actions.
(a) An insurance producer shall report to the Commissioner any administrative action taken against the insurance producer in another jurisdiction or by another governmental agency in the District within 30 days of the final disposition of the matter. The report shall include a copy of the order, consent to order, or other relevant legal documents.
(b) Within 30 days of the initial pretrial hearing date, an insurance producer shall report to the Commissioner any criminal prosecution of the insurance producer taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents.
(Mar. 27, 2003, D.C. Law 14-264, § 17, 50 DCR 260.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 11A - Insurance Producers › § 31–1131.18. Regulations

§ 31–1131.18. Regulations.
The Commissioner may promulgate rules and regulations necessary or appropriate to implement the provisions of this chapter.
(Mar. 27, 2003, D.C. Law 14-264, § 18, 50 DCR 260; May 13, 2008, D.C. Law 17-155, § 2(n), 55 DCR 3683.)
Effect of Amendments
D.C. Law 17-155 substituted “necessary or appropriate” for “necessary”.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 11A - Insurance Producers › § 31–1131.19. Transition

§ 31–1131.19. Transition.
(a) A license to do business as an insurance agent or broker in the District issued prior to March 27, 2003, shall be valid.
(b) This chapter shall not apply to any action, prosecution, or proceeding which is pending or may be initiated on the basis of facts and circumstances occurring before March 27, 2003.
(Mar. 27, 2003, D.C. Law 14-264, § 19, 50 DCR 260.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 12 - Insurance Regulatory Trust Fund › § 31–1203. Assessments

§ 31–1203. Assessments.
(a) The Mayor shall assess annually each insurer and health maintenance organization doing business in the District an amount based on a percentage of its direct gross receipts for the preceding year, provided that each insurer and health maintenance organization shall be subject to a minimum annual assessment of no less than $1000. The Mayor shall establish in each assessable year the assessment rate, not to exceed 3/10 of 1% of the direct gross receipts. In no event shall the amount assessed exceed the amount budgeted by the Council.
(b) The Mayor shall compute the assessment for each insurer and health maintenance organization and send the insurer and health maintenance organization this information in a “Notice of Assessment”. Each insurer and health maintenance organization shall pay to the Mayor the amount stated in the Notice of Assessment within 30 days of the mailing date of the Notice of Assessment. The assessment shall be a tax and licensing and regulatory fee for purposes of 45 CFR §§ 158.221(c) and 158.161(b).
(c) The annual billing cycle for the assessment established by this section shall be the fiscal year of the District of Columbia.
(Oct. 21, 1993, D.C. Law 10-40, § 4, 40 DCR 6009; Apr. 9, 1997, D.C. Law 11-235, § 24(e), 44 DCR 818; Feb. 26, 2015, D.C. Law 20-155, § 5082(a), 61 DCR 9990.)
Prior Codifications
1981 Ed., § 35-2703.
Section References
This section is referenced in § 31-1202 and § 31-1204.
Effect of Amendments
The 2015 amendment by D.C. Law 20-155 added the last sentence in (b).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 5082(a) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).
For temporary (90 days) amendment of this section, see § 5082(a) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).
For temporary (90 days) amendment of this section, see § 5082(a) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 12 - Insurance Regulatory Trust Fund › § 31–1204. Failure to pay share of assessment

§ 31–1204. Failure to pay share of assessment.
(a) Any insurer or health maintenance organization that fails to pay an assessment on or before the date set forth in § 31-1203 shall be subject to a penalty imposed by the Mayor, which shall be 10% of the assessment plus interest at one-half of 1% per month for the period between the due date and the date of full payment. If a payment is made in an amount later found to be in error, the Mayor shall do one of the following:
(1) If an additional amount is due, notify the insurer of the additional amount which shall be due within 15 days of the date of mailing of the notice; or
(2) If overpayment is made, order a refund.
(b) If an insurer or health maintenance organization fails to pay the amount of the assessment in a timely manner, the Mayor shall send the insurer or health maintenance organization a notice of deficiency, and 10 days after serving the deficiency notice may take whatever action, in the Mayor’s discretion, the Mayor deems appropriate, including suspending or revoking the insurer’s or health maintenance organization’s certificate of authority or license to transact business, or any other appropriate action or sanction authorized under the insurance laws for failure to comply with District laws, including referring the matter to the Corporation Counsel for legal action to collect the assessment.
(c) In the event that any insurer or health maintenance organization fails, by reason of insolvency, impairment of capital and surplus, or other reason approved by the Mayor, to pay its assessment in full, the unpaid amounts shall be assessed against the remaining insurers or health maintenance organizations respectively, on a proportionate basis in comparison to their direct gross receipts. Any insurer or health maintenance organization paying this additional assessment shall have a claim against the defaulting insurer or health maintenance organization for the amount paid.
(Oct. 21, 1993, D.C. Law 10-40, § 5, 40 DCR 6009; May 16, 1995, D.C. Law 10-255, § 28, 41 DCR 5193; Apr. 9, 1997, D.C. Law 11-235, §§ 24(f)-(h), 44 DCR 818; Mar. 24, 1998, D.C. Law 12-81, § 36(b), 45 DCR 745.)
Prior Codifications
1981 Ed., § 35-2704.
Section References
This section is referenced in § 31-1205.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 12 - Insurance Regulatory Trust Fund › § 31–1205. Appeal from assessment

§ 31–1205. Appeal from assessment.
Any insurer or health maintenance organization aggrieved by an assessment may appeal under procedures established in § 101 of Title 26 of the District of Columbia Municipal Regulations (26 DCMR 101 ), or as otherwise may be provided by the Mayor. If an appellant fails to pay the assessment when due, the appellant shall be liable for any amounts correctly assessed and any penalties and interest due thereon. The appellant shall pay any amounts owed within 10 days of a final decision and the Mayor may take whatever action is appropriate under this chapter, including action under § 31-1204, or any other laws regulating the insurance industry to effect collection. In addition, the Insurance Regulatory Trust Fund Bureau may appeal to the Mayor the entire annual assessment or a specific expenditure or category of expenditure, in accordance with the procedures established in 26 DCMR 101 , if it believes the assessment is not in accordance with this chapter or applicable laws.
(Oct. 21, 1993, D.C. Law 10-40, § 6, 40 DCR 6009; Apr. 9, 1997, D.C. Law 11-235, § 24(i), 44 DCR 818.)
Prior Codifications
1981 Ed., § 35-2705.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 12 - Insurance Regulatory Trust Fund › § 31–1206. Insurers and health maintenance organizations continuing obligations

§ 31–1206. Insurers and health maintenance organizations continuing obligations.
Any insurer or health maintenance organization whose license has been revoked, cancelled, terminated, or surrendered shall continue to be bound by the obligations of this chapter including payment of all assessments, regardless of whether the insurer or health maintenance organization continues to do business in the District of Columbia.
(Oct. 21, 1993, D.C. Law 10-40, § 7, 40 DCR 6009; Apr. 9, 1997, D.C. Law 11-235, § 24(j), 44 DCR 818.)
Prior Codifications
1981 Ed., § 35-2706.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 12 - Insurance Regulatory Trust Fund › § 31–1207. Records

§ 31–1207. Records.
The Mayor shall, at all reasonable times, make books, records, and files available to insurance company representatives for the purpose of examining any matter coming within the scope of the chapter and the insurance laws of the District of Columbia.
(Oct. 21, 1993, D.C. Law 10-40, § 8, 40 DCR 6009.)
Prior Codifications
1981 Ed., § 35-2707.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 12 - Insurance Regulatory Trust Fund › § 31–1208. Insurance Regulatory Trust Fund Bureau

§ 31–1208. Insurance Regulatory Trust Fund Bureau.
(a) All insurers and health maintenance organizations subject to assessments in accordance with this chapter shall be members of an Insurance Regulatory Trust Fund Bureau, organized and maintained by such insurers and health maintenance organizations at their own expense, for the purpose of advising the Commissioner and the Executive Director of the District of Columbia Health Benefit Exchange Authority as to the need for the proposed assessments, including the assessment of health carriers in § 31-3171.03(f), the fairness of the proposed assessments, and any other matters with respect to the administration of the Insurance Regulatory Trust Fund. The Commissioner and the Executive Director of the District of Columbia Health Benefit Exchange Authority shall submit to the Insurance Regulatory Trust Fund Bureau annually, in advance of the Mayor’s budget submission to the Council, a detailed budget showing how the proposed assessments are to be expended.
(b) The board of directors of the Insurance Regulatory Trust Fund Bureau shall consist of no fewer than 15 members and shall include at least a majority of the health carriers issuing qualified health plans and some representation from health carriers issuing qualified dental plans as defined in § 31-3171.01.
(Oct. 21, 1993, D.C. Law 10-40, § 9, 40 DCR 6009; Apr. 9, 1997, D.C. Law 11-235, § 24(k), 44 DCR 818; May 21, 1997, D.C. Law 11-268, § 10(y), 44 DCR 1730; June 11, 2004, D.C. Law 15-166, § 4(h)(3), 51 DCR 2817; Feb. 26, 2015, D.C. Law 20-155, § 5082(b), 61 DCR 9990.)
Prior Codifications
1981 Ed., § 35-2708.
Effect of Amendments
D.C. Law 15-166 substituted “Commissioner of the Department of Insurance, Securities, and Banking” for “Commissioner of Insurance and Securities”.
The 2015 amendment by D.C. Law 20-155 designated the existing text as (a); rewrote (a); and added (b).
Emergency Legislation
For temporary (90 day) amendment of section, see § 4(h)(3) of Consolidation of Financial Services Emergency Amendment Act of 2004 (D.C. Act 15-381, February 27, 2004, 51 DCR 2653).
For temporary (90 days) amendment of this section, see § 5082(b) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).
For temporary (90 days) amendment of this section, see § 5082(b) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).
For temporary (90 days) amendment of this section, see § 5082(b) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 12 - Insurance Regulatory Trust Fund › § 31–1209. Annual audit of Insurance Regulatory Trust Fund or District of Columbia Health Benefit Exchange Authority Fund

§ 31–1209. Annual audit of Insurance Regulatory Trust Fund or District of Columbia Health Benefit Exchange Authority Fund.
Upon a vote of the Insurance Regulatory Trust Fund Bureau taken in accordance with its bylaws, the Insurance Regulatory Trust Fund Bureau, at its own expense, may annually arrange for an independent audit of the expenditures made in any fiscal year by the Insurance Regulatory Trust Fund or the District of Columbia Health Benefit Exchange Authority Fund established in § 31-3171.03(a). The Commissioner, the Department of Insurance, Securities, and Banking, the Executive Director of the District of Columbia Health Benefit Exchange Authority, and all other elements of the District of Columbia government shall cooperate with such an audit and shall make available all documents and records reasonably necessary to the conduct of the audit.
(Oct. 21, 1993, D.C. Law 10-40, § 10, 40 DCR 6009; Apr. 9, 1997, D.C. Law 11-235, § 24(l), 44 DCR 818; May 21, 1997, D.C. Law 11-268, § 10(y), 44 DCR 1730; Mar. 24, 1998, D.C. Law 12-81, § 36(c), 45 DCR 745; June 11, 2004, D.C. Law 15-166, § 4(h)(4), 51 DCR 2817; Feb. 26, 2015, D.C. Law 20-155, § 5082(c), 61 DCR 9990.)
Prior Codifications
1981 Ed., § 35-2709.
Effect of Amendments
D.C. Law 15-166 substituted “Department of Insurance, Securities, and Banking” for “Department of Insurance and Securities Regulation”.
The 2015 amendment by D.C. Law 20-155 rewrote the section.
Emergency Legislation
For temporary (90 day) amendment of section, see § 4(h)(4) of Consolidation of Financial Services Emergency Amendment Act of 2004 (D.C. Act 15-381, February 27, 2004, 51 DCR 2653).
For temporary (90 days) amendment of this section, see § 5082(c) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).
For temporary (90 days) amendment of this section, see § 5082(c) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).
For temporary (90 days) amendment of this section, see § 5082(c) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 12 - Insurance Regulatory Trust Fund › § 31–1210. Applicability

§ 31–1210. Applicability.
(a) All health maintenance organizations, life, health, property, marine, title, casualty, fidelity, surety, insurance companies and fraternal benefit associations now or hereafter incorporated or formed in the District of Columbia or authorized to do business in the District of Columbia, shall be subject to this chapter. This chapter shall also apply to Group Hospitalization and Medical Service, Incorporated, and any other company or organization whether for profit or nonprofit subject to regulation by the Insurance Administration.
(b) The provisions of this chapter shall not apply until October 1, 1993.
(Oct. 21, 1993, D.C. Law 10-40, § 11, 40 DCR 6009; Apr. 9, 1997, D.C. Law 11-235, § 24(m), 44 DCR 818.)
Prior Codifications
1981 Ed., § 35-2710.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 13 - Insurers Rehabilitation and Liquidation Procedures › § 31–1302. Applicability

§ 31–1302. Applicability.
The proceedings authorized by this chapter may be applied to:
(1) All insurers who are doing, or have done, an insurance business in the District, and against whom claims arising from that business may exist now or in the future;
(2) All insurers who purport to do an insurance business in the District;
(3) All insurers who have insureds resident in the District;
(4) All other persons organized or in the process of organizing with the intent to do an insurance business in the District;
(5) All title insurance companies subject to the laws of the District;
(6) All prepaid health care delivery plans;
(7) All nonprofit service plans and all fraternal benefit societies and beneficial societies; and
(8) All insurers making contracts of fidelity or surety contracts or other negotiations preliminary to the executions of the contracts.
(Oct. 15, 1993, D.C. Law 10-35, § 3, 40 DCR 5773.)
Prior Codifications
1981 Ed., § 35-2802.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 13 - Insurers Rehabilitation and Liquidation Procedures › § 31–1304. Injunctions and orders

§ 31–1304. Injunctions and orders.
(a) Any receiver appointed in a proceeding under this chapter may at any time apply for, and any court of general jurisdiction may grant, restraining orders, preliminary and permanent injunctions, and other orders deemed necessary and proper to prevent:
(1) The transaction of further business;
(2) The transfer of property;
(3) Interference with the receiver or with a proceeding under this chapter;
(4) Waste of the insurer’s assets;
(5) Dissipation and transfer of bank accounts;
(6) The institution or further prosecution of any actions or proceedings;
(7) The obtaining of preferences, judgments, attachments, garnishments, or liens against the insurer, its assets or its policyholders;
(8) The levying of execution against the insurer, its assets, or its policyholders;
(9) The making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the insurer;
(10) The withholding from the receiver of books, accounts, documents, or other records relating to the business of the insurer; or
(11) Any other threatened or contemplated action that might lessen the value of the insurer’s assets or prejudice the rights of policyholders, creditors, or shareholders, or the administration of any proceeding under this chapter.
(b) The receiver may apply to any court outside of the jurisdiction for the relief described in subsection (a) of this section.
(Oct. 15, 1993, D.C. Law 10-35, § 5, 40 DCR 5773.)
Prior Codifications
1981 Ed., § 35-2804.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 13 - Insurers Rehabilitation and Liquidation Procedures › § 31–1305. Cooperation of officers, owners, and employees

§ 31–1305. Cooperation of officers, owners, and employees.
(a) Any officer, manager, director, trustee, owner, employee, or agent of any insurer, or any other persons with authority over or in charge of any segment of the insurer’s affairs, shall cooperate with the Commissioner in any proceeding under this chapter or any investigation preliminary to the proceeding. For the purposes of this section, the term “person” shall include any person who exercises control directly or indirectly over activities of the insurer through any holding company or other affiliate of the insurer. The term “to cooperate” shall include, but shall not be limited to, the following:
(1) To reply promptly in writing to any inquiry from the Commissioner requesting such a reply; and
(2) To make available to the Commissioner any books, accounts, documents, or other records or information or property of or pertaining to the insurer and in his possession, custody, or control.
(b) No person shall obstruct or interfere with the Commissioner in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto.
(c) This section shall not be construed to abridge otherwise existing legal rights, including the right to resist a petition for liquidation, other delinquency proceedings, or other orders.
(d) Any person included within subsection (a) of this section who fails to cooperate with the Commissioner, or any person who obstructs or interferes with the Commissioner in the conduct of any delinquency proceeding or any investigation preliminary or incidental thereto, or who violates any order of the Commissioner issued validly under this chapter may:
(1) Be sentenced to pay a fine not exceeding $10,000 or imprisonment for a term of not more than 1 year, or both; or
(2) After a hearing, be subject to the imposition by the Commissioner of a civil penalty not to exceed $10,000 and be subject further to the revocation or suspension of any insurance license issued by the Commissioner.
(Oct. 15, 1993, D.C. Law 10-35, § 6, 40 DCR 5773; May 21, 1997, D.C. Law 11-268, § 10(z)(2), 44 DCR 1730.)
Prior Codifications
1981 Ed., § 35-2805.
Section References
This section is referenced in § 31-1321.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 13 - Insurers Rehabilitation and Liquidation Procedures › § 31–1306. Continuation of delinquency proceedings

§ 31–1306. Continuation of delinquency proceedings.
Every proceeding commenced under §§ 31-2502.05 through 31-2502.07 [repealed], and §§ 31-4319 through 31-4321 [repealed], shall be deemed to have commenced under this chapter for the purpose of continuing the proceeding, except that in the discretion of the Commissioner the proceeding may be continued, in whole or in part, as it would have been continued had this chapter not been enacted.
(Oct. 15, 1993, D.C. Law 10-35, § 7, 40 DCR 5773; May 21, 1997, D.C. Law 11-268, § 10(z)(2), 44 DCR 1730.)
Prior Codifications
1981 Ed., § 35-2806.
References in Text
“ Sections 31-4319 through 31-4321”, referred to in this section, were repealed by D.C. Law 10-35, § 59(a), 40 DCR 5773, effective October 15, 1993.
“ Sections 31-2502.05 through 31-2502.07”, referred to in this section, were repealed by D.C. Law 10-35, § 59(b), 40 DCR 5773, effective October 15, 1993.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 13 - Insurers Rehabilitation and Liquidation Procedures › § 31–1307. Condition on release from delinquency proceedings; conditions on operations during proceedings

§ 31–1307. Condition on release from delinquency proceedings; conditions on operations during proceedings.
No insurer that is subject to any delinquency proceedings, whether formal or informal (administrative or judicial), shall:
(1) Be released from the proceeding, unless the proceeding is converted into a judicial rehabilitation or liquidation proceeding;
(2) Be permitted to solicit or accept new business, or request or accept the restoration of any suspended or revoked license or certificate of authority;
(3) Be returned to the control of its shareholders or private management; or
(4) Have any of its assets returned to the control of its shareholders or private management until all payments of or on account of the insurer’s contractual obligations by all guaranty associations, along with all expenses and interest on all payments and expenses, shall have been repaid to the guaranty associations or a plan of repayment by the insurer shall have been approved by the guaranty association.
(Oct. 15, 1993, D.C. Law 10-35, § 8, 40 DCR 5773.)
Prior Codifications
1981 Ed., § 35-2807.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 13 - Insurers Rehabilitation and Liquidation Procedures › § 31–1308. Temporary seizure order

§ 31–1308. Temporary seizure order.
(a) The Commissioner may file in the Superior Court of the District of Columbia a petition alleging, with respect to a domestic insurer, that there exists grounds that would justify a court order for a formal delinquency proceeding against an insurer under this chapter, and that the interests of policyholders, creditors, or the public will be endangered by delay in the Commissioner’s determination of the financial condition of the insurer.
(b) Upon a filing under subsection (a) of this section, the court may issue, ex parte and without a hearing, the requested order which shall direct the Commissioner to take possession and control of all or part of the property, books, accounts, documents, and other records of an insurer, and of the premises occupied by it for transaction of its business; and until further order of the court enjoins the insurer and its officers, managers, agents, and employees from disposition of its property and from the transaction of its business except with the written consent of the Commissioner.
(c) The court shall specify in the order its duration, which shall be the time the court deems necessary for the Commissioner to ascertain the condition of the insurer. On motion of either party or on its own motion, the court may from time to time hold hearings it deems desirable after notice it deems appropriate, and may extend, shorten, or modify the terms of the seizure order. The court shall vacate the seizure order if the Commissioner fails to commence a formal proceeding under this chapter after having had a reasonable opportunity to do so. An order of the court pursuant to a formal proceeding under this chapter shall ipso facto vacate the seizure order.
(d) Entry of a seizure order under this section shall not constitute an anticipatory breach of any contract of the insurer.
(e) An insurer subject to an ex parte order under this section may petition the court at any time after the issuance of the order for a hearing and review of the order. The court shall hold such a hearing and review not more than 15 days after the request. A hearing under this subsection may be held privately in chambers and it shall be if the insurer proceeded against so requests.
(f) If, at any time after the issuance of such an order, it appears to the court that any person whose interest is or will be substantially affected by the order did not appear at the hearing and has not been served, the court may order that notice be given. An order that notice be given shall not stay the effect of any order previously issued by the court.
(Oct. 15, 1993, D.C. Law 10-35, § 9, 40 DCR 5773; May 21, 1997, D.C. Law 11-268, § 10(z)(2), 44 DCR 1730.)
Prior Codifications
1981 Ed., § 35-2808.
Section References
This section is referenced in § 31-1301, § 31-1309, and § 31-1352.
Cross References
Ancillary proceedings, domiciliary state of any foreign or alien insurer having property located in the District, see § 31-1352.