reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.01 - RULES PERTAINING TO BAIL AGENTS › Section 18.06.01.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. IDAPA 18.06.01, "Rules Pertaining to Bail Agents."
			 (3-31-22)
02.
Scope
.
			 The provisions of this rule apply to all bail agents, as defined by Section
			 41-1038, Idaho Code. This rule is
			 supplementary to other rules and laws regulating insurance producers, and all
			 other rules of the Department and provisions of Title 41, Idaho Code,
			 applicable to insurance producers apply to bail agents. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.01 - RULES PERTAINING TO BAIL AGENTS › Section 18.06.01.012 - NOTIFICATION REQUIREMENTS

Current through August 31, 2023
01.
Notice of
			 Changes
. A bail agent licensed pursuant to Section
			 41-1039, Idaho Code, will
			 immediately notify the Department in writing of any the following: (3-31-22)
a. Change of bail agent's name, current
			 business address, or current business phone number or business e-mail address,
			 if any; (3-31-22)
b. Change of name
			 or address of any surety insurance company for which the bail agent has an
			 active appointment; (3-31-22)
c.
			 Cancellation by a surety insurance company of a bail agent's authority to write
			 bonds for that company; (3-31-22)
d. Any new affiliation with a bail bond
			 agency; (3-31-22)
e. Cancellation
			 of a bail agent's affiliation with a bail agency; (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.01 - RULES PERTAINING TO BAIL AGENTS › Section 18.06.01.013 - CRIMINAL HISTORY CHECKS

Current through August 31, 2023
01.
Criminal
			 History Check Requisite
. All licensed bail agents will obtain a criminal
			 history records check in connection with the renewal of a bail agent's license
			 and will bear all costs associated with the records check. (3-31-22)
02.
Grounds for Immediate
			 Suspension
. For the purpose of determining whether grounds for immediate
			 suspension of a bail agent's license exist under Section
			 41-1039(4), Idaho
			 Code, a withheld judgment or a plea of nolo contendere is considered the same
			 as a conviction or guilty plea. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.01 - RULES PERTAINING TO BAIL AGENTS › Section 18.06.01.014 - STACKING OF BONDS

Current through August 31, 2023
A bail agent may submit only one (1) power of attorney with
				each bail bond submitted to any Idaho court. The face value or face amount of
				the power is equal to or greater than the amount of the bail or bond set by the
				court in the case for which the bond and power are being submitted.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.01 - RULES PERTAINING TO BAIL AGENTS › Section 18.06.01.015 - NOTIFICATION TO SURETY OF FORFEITURE

Current through August 31, 2023
A bail agent will notify the surety insurance company of any
				forfeiture, as defined in Section
				19-2905, Idaho Code, within ten
				(10) days of receiving the notice from the court. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.01 - RULES PERTAINING TO BAIL AGENTS › Section 18.06.01.017 - BAIL AGENT FINANCING OF BAIL BOND PREMIUMS

Current through August 31, 2023
01.
Written Agreement
. No credit may be extended by any bail agent or
			 surety insurance company for the payment of any bail bond premium without
			 entering into a written agreement. The written agreement for the extension of
			 credit to finance premium need to contain at a minimum the following: (3-31-22)
a. The name, signatures, and dates of
			 signatures of all parties to the credit agreement; (3-31-22)
b. The amount of premium financed;
			 (3-31-22)
c. The per annum rate of
			 interest; and (3-31-22)
d. The
			 scheduled premium payment dates. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.01 - RULES PERTAINING TO BAIL AGENTS › Section 18.06.01.018 - PAYMENT OF FORFEITURE

Current through August 31, 2023
It is a violation of Section
				41-1329(6), Idaho
				Code, for a bail surety to fail to pay a claim for forfeiture after liability
				for payment has become reasonably clear. Liability for payment upon forfeiture
				is reasonably clear when a defendant has not appeared or has not been brought
				before the court within one hundred eighty 180 days after the entry of the
				order of forfeiture, or a motion to set aside the forfeiture, in whole or in
				part, has not been filed with the court within five (5) business days after the
				expiration of the one hundred eighty (180) day period following the order of
				forfeiture pursuant to the Idaho Bail Act. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.02 - PRODUCERS HANDLING OF FIDUCIARY FUNDS › Section 18.06.02.000 - LEGAL AUTHORITY

Current through August 31, 2023
Title 41, Chapter 2 and 10, Sections
				41-211,
				41-1024, and
				41-1025, Idaho Code.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.02 - PRODUCERS HANDLING OF FIDUCIARY FUNDS › Section 18.06.02.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. IDAPA 18.06.02, "Producers Handling of Fiduciary Funds."
			 (3-31-22)
02.
Scope
.
			 This rule will affect "producers," including bail agents who handle funds held
			 in a fiduciary capacity. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.02 - PRODUCERS HANDLING OF FIDUCIARY FUNDS › Section 18.06.02.010 - DEFINITIONS

Current through August 31, 2023
01.
Cash Collateral
. All funds
			 received as collateral by a producer in connection with a bail bond transaction
			 in the form of cash, check, money order, other negotiable instrument, debit or
			 credit card payment, or other electronic funds transfer, given as security to
			 obtain a bail bond, as referenced in Section
			 41-1043, Idaho Code.
			 (3-31-22)
02.
Fiduciary Fund
			 Account
. A financial account established to hold fiduciary funds as
			 provided in Section 016.
			 (3-31-22)
03.
Fiduciary
			 Funds
. All premiums, return premiums, premium taxes, funds as
			 collateral, and fees received by a producer. Fiduciary funds include: (3-31-22)
a. All funds paid to a producer for selling,
			 soliciting or negotiating policies of insurance except for those fees
			 recognized by statute as earned by the producer upon receipt which are payable
			 to the producer and not the insurance company, pursuant to Section
			 41-1030, Idaho Code.
			 (3-31-22)
b. All funds received by
			 a producer from or on behalf of a client or premium finance company that are to
			 be paid to an insurance company, its agents, or to the producer's employer.
			 (3-31-22)
c. All funds provided to
			 a producer by an insurance company or its agents that are to be paid to a
			 policyholder or claimant pursuant to a contract of insurance.
			 (3-31-22)
d. All checks or other
			 negotiable instruments collected by the producer and made payable to the
			 insurer. (3-31-22)
e. Cash
			 collateral. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.02 - PRODUCERS HANDLING OF FIDUCIARY FUNDS › Section 18.06.02.014 - FIDUCIARY FUND ACCOUNT

Current through August 31, 2023
01.
Payable
			 to an Insurer
. Fiduciary funds that are in the form of a check or
			 another negotiable instrument that is made payable to an insurer as described
			 in Subsection 010.03 are
			 to be remitted to the insurer within the time period set forth in the insurer's
			 terms and conditions, or if not specified, then within twenty-one (21) days of
			 receipt. (3-31-22)
02.
Payable to a Policyholder
. Fiduciary funds that are in the form of
			 a check or another negotiable instrument made payable to a policyholder or
			 claimant as described in Subsection
			 010.02.c. are to be remitted
			 to the policyholder or claimant within fourteen (14) days of receipt or as
			 specified by the terms of the policy of insurance, the insurer, or applicable
			 law. (3-31-22)
03.
All Other
			 Fiduciary Funds
. All other fiduciary funds received by the producer,
			 except as described under Subsections
			 014.01 and
			 014.02 are to be deposited into
			 a fiduciary fund account according to the following schedule: (3-31-22)
a. If in the form of cash, within seven (7)
			 days of receipt, except that, when a producer holds fiduciary funds in the form
			 of cash that exceed two thousand dollars ($2,000), such funds will be deposited
			 within three (3) business days. (3-31-22)
b. If in the form of checks, money orders,
			 other negotiable instruments, debit or credit card payments, or other
			 electronic funds transfer, received or collected by the producer, within seven
			 (7) days of receipt, except that the producer may remit such funds to the
			 following: (3-31-22)
i. Another licensed
			 producer or licensed business entity, subject to Subsection
			 014.03.b.; or
			 (3-31-22)
ii. A person designated
			 by the insurer who has the obligation to remit the fiduciary funds to the
			 insurer subject to Subsection
			 014.03.b.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.02 - PRODUCERS HANDLING OF FIDUCIARY FUNDS › Section 18.06.02.015 - DEPOSIT OF OTHER FUNDS IN ACCOUNT

Current through August 31, 2023
A producer may deposit other additional funds for the sole
				purpose of: (3-31-22)
01.
Reserves for Return Premiums
. Establishing reserves for payment of
			 return premiums. (3-31-22)
02.
Funds to Pay Bank Charges
. Advancing funds sufficient to pay bank
			 charges. (3-31-22)
03.
Contingencies
. For any contingencies that may arise in the
			 business of receiving and transmitting premium or return premium funds or cash
			 collateral (any such deposit is hereinafter referred to as "voluntary
			 deposit"). (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.02 - PRODUCERS HANDLING OF FIDUCIARY FUNDS › Section 18.06.02.016 - TYPES OF ACCOUNTS PERMITTED

Current through August 31, 2023
01.
Accounts
			 in Federally Insured Financial Institutions
. A producer will maintain
			 the fiduciary funds only in checking accounts, demand accounts, savings
			 accounts or other accounts in a federally insured financial institution.
			 (3-31-22)
02.
Exceed the
			 Federally Insured Limits
. If such funds held exceed the federally
			 insured limits, then in addition to Subsection
			 016.01, those funds that exceed
			 the federally insured limits may be deposited into the following: (3-31-22)
a. An investment account that invests monies
			 in United States government bonds, United States Treasury certificates or in
			 federally guaranteed obligations; (3-31-22)
b. Money market mutual funds registered with
			 the SEC which are rated AAA by Moody's or AAA by S&P.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.02 - PRODUCERS HANDLING OF FIDUCIARY FUNDS › Section 18.06.02.017 - ACCOUNT DESIGNATION

Current through August 31, 2023
01.
Designation of a Fiduciary Fund
. A fiduciary fund account is so
			 designated on the records of the financial institution. The account has a
			 separate account number, a separate check register and its own checks.
			 (3-31-22)
02.
Trust Fund
			 Account
. The phrase, "Trust Fund Account" is displayed on the face of
			 each check drawn on a fiduciary fund account or other similar designation as
			 permitted by the financial institution to identify the checks as being from a
			 fiduciary fund account. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.02 - PRODUCERS HANDLING OF FIDUCIARY FUNDS › Section 18.06.02.018 - INTEREST EARNINGS

Current through August 31, 2023
A fiduciary fund account may be interest-bearing or an
				investment account in accordance with Section
				016. The producer will maintain
				records establishing the existence and amount of interest accrued.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.02 - PRODUCERS HANDLING OF FIDUCIARY FUNDS › Section 18.06.02.019 - PERMISSIBLE DISTRIBUTION OF FIDUCIARY FUNDS

Current through August 31, 2023
Distributions from a fiduciary fund account are to only be made
				for the following purposes, and in the manner stated: (3-31-22)
01.
Remit Premiums
. To remit
			 premiums to an insurer or an insurer's designee pursuant to a contract of
			 insurance; (3-31-22)
02.
Return Premiums
. To return premiums to an insured or other person
			 or entity entitled to the premiums; (3-31-22)
03.
Remit Surplus Lines Taxes and
			 Stamping Fees
. To remit surplus lines taxes and stamping fees collected
			 to the appropriate state; (3-31-22)
04.
Reimburse Voluntary
			 Deposits
. To reimburse voluntary deposits made by the producer to the
			 extent that the funds in the fiduciary account exceed the amount necessary to
			 meet all fiduciary obligations, only if the reimbursement can be matched and
			 identified with the previous voluntary deposit. (3-31-22)
05.
Transfer or Withdraw Accrued
			 Interest
. To transfer or withdraw accrued interest to the extent that
			 fiduciary fund account funds exceed the amount necessary to meet all fiduciary
			 obligations, only if the reimbursement can be matched and identified with the
			 previous interest deposit by the financial institution. (3-31-22)
06.
Transfer or Withdraw Actual
			 Commissions
. To transfer or withdraw actual commissions and those earned
			 fees recognized as earned by the producer, upon receipt, which are payable to
			 the producer, only if the commissions and fees can be matched and identified
			 with funds previously deposited in the fiduciary account. (3-31-22)
07.
Pay Charges Imposed
. To pay
			 charges imposed by the financial institution that directly relate to the
			 operation and maintenance of the fiduciary funds account. (3-31-22)
08.
Transfer Funds
. To transfer
			 funds from one (1) fiduciary fund account to another fiduciary fund account.
			 (3-31-22)
09.
Return Cash
			 Collateral
. To return cash collateral to the person who deposited the
			 cash collateral with the producer within fourteen (14) days of the date notice
			 is received that the obligation, the satisfaction of which was secured by the
			 cash collateral, has been discharged. (3-31-22)
10.
Convert Cash Collateral
. To
			 convert cash collateral where the defendant or other responsible party fails to
			 satisfy the obligation of the bail bond and the bail or obligation was not
			 exonerated by the court but instead executed by the court, provided such
			 conversion is compliant with the contract between the producer and the person
			 who deposited the cash collateral. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.02 - PRODUCERS HANDLING OF FIDUCIARY FUNDS › Section 18.06.02.022 - TIMELY DISBURSEMENT OF FIDUCIARY FUNDS

Current through August 31, 2023
In addition to the requirements of Section
				014, after receiving fiduciary
				funds, a producer: (3-31-22)
01.
Remits Premiums
. Remits premiums directly to an insurer or an
			 insurer's designee within the time period set forth in the insurer's terms and
			 conditions, or if not specified, within fourteen (14) days of receipt;
			 (3-31-22)
02.
Returns Money
			 Received
. Returns to the payer the money received as a premium deposit
			 which is retained by the producer or returned to the producer by the insurer to
			 the payer by the earlier of: (3-31-22)
a.
			 Fourteen (14) days from the date the premium is received by the producer from
			 the insurer, or (3-31-22)
b.
			 Fourteen (14) days from the date the insurer notifies the insurance applicant
			 that coverage has been denied if the producer retained the premium deposit.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.03 - RULES GOVERNING DISCLOSURE REQUIREMENTS FOR INSURANCE PRODUCERS WHEN CHARGING FEES › Section 18.06.03.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. IDAPA 18.06.03, "Rules Governing Disclosure Requirements
			 for Insurance Producers When Charging Fees." (3-31-22)
02.
Scope
. This chapter applies
			 to all resident and non-resident insurance producers who charge a fee to
			 consumers as authorized by Section
			 41-1030, Idaho Code.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.03 - RULES GOVERNING DISCLOSURE REQUIREMENTS FOR INSURANCE PRODUCERS WHEN CHARGING FEES › Section 18.06.03.011 - DISCLOSURE REQUIREMENTS

Current through August 31, 2023
01.
Before
			 Charging a Fee
. Before charging a fee to a consumer, a retail producer
			 will furnish to each consumer a written disclosure statement containing at
			 least the following information: (3-31-22)
a.
			 A description of the nature of the work to be performed by the insurance
			 producer. (3-31-22)
b. The fee
			 schedule and any other expenses that the insurance producer charges, and
			 whether fees may be negotiated. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.04 - CONTINUING EDUCATION › Section 18.06.04.000 - LEGAL AUTHORITY

Current through August 31, 2023
Title 41, Chapters 2, 10, 11, and 58, Sections
				41-211,
				41-1013,
				41-1108,
				41-5813, and
				41-5820, Idaho Code.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.04 - CONTINUING EDUCATION › Section 18.06.04.001 - SCOPE

Current through August 31, 2023
This rule prescribes a minimum education in approved subjects
				that impacts all resident licensees practicing insurance, except for producers
				licensed to sell only "limited lines insurance," and requires them to
				periodically complete, procedures and standards for the approval of such
				education, and a procedure for establishing that continuing education
				requirements have been met. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.04 - CONTINUING EDUCATION › Section 18.06.04.010 - DEFINITIONS

Current through August 31, 2023
01.
Licensee.
An individual
			 holding a license as a producer, bail, adjuster, or public adjuster pursuant to
			 Title 41, Chapters 10, 11, or 58, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.04 - CONTINUING EDUCATION › Section 18.06.04.012 - BASIC REQUIREMENTS

Current through August 31, 2023
01.
Proof of
			 Completion
. As a condition for the continuation of a license, a licensee
			 must complete a total of 24 hours of continuing education credits, including a
			 minimum of 3 ethics credits on or before the licensing renewal date every two
			 (2) years. Proof of satisfactory completion of approved subjects or courses
			 will be downloaded to licensing records by the system vendor in a format
			 acceptable to the Director. (3-31-22)
a. No
			 more than four (4) hours of continuing education credit from courses approved
			 for adjusters or public adjusters can apply toward the continuation of a
			 producer license. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.04 - CONTINUING EDUCATION › Section 18.06.04.013 - EXCEPTIONS/EXTENSIONS

Current through August 31, 2023
01.
Exceptions and Extensions
.
			 The following exceptions and extensions may be made to the continuing education
			 rules: (3-31-22)
a. Licensees on extended
			 active duty with the Armed Forces of the United States for the period of such
			 duty and all other exceptions allowed under Section
			 41-1008(4), Idaho
			 Code. (3-31-22)
b. Persons which
			 hold a temporary license as provided in Section
			 41-1015, Idaho Code.
			 (3-31-22)
c. The Continuing
			 Education Advisory Committee or the Director may approve an exception or
			 extension for an extra ordinary situation that is requested by a licensee, in
			 writing, setting forth the basis for the exception or extension. and received
			 prior to the renewal date by the Director or Committee.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.04 - CONTINUING EDUCATION › Section 18.06.04.014 - CONTINUING EDUCATION ADVISORY COMMITTEE

Current through August 31, 2023
01.
Continuing Education Advisory Committee
. An eleven (11) member
			 Continuing Education Advisory Committee ("Committee") comprised of
			 representatives from each segment of the insurance industry, is appointed by
			 the Director. Committee members will serve a term of three (3) years.
			 (3-31-22)
02.
Duties of the
			 Committee
. The Committee performs the following duties at the discretion
			 of the Director: (3-31-22)
a. Approve or
			 disapprove courses as per the standards of this rule and assign the number of
			 continuing education hours to be awarded. (3-31-22)
b. Consider applications for exceptions and
			 extensions as permitted under Section
			 013; and (3-31-22)
c. Consider other matters as the Director may
			 assign. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.04 - CONTINUING EDUCATION › Section 18.06.04.015 - PROGRAM REQUIREMENTS

Current through August 31, 2023
All continuing education programs need to be submitted to the
				Committee in accordance with Section
				021 on forms promulgated by the
				Director. Any course provider that resides in and has had their continuing
				education program(s) approved by, a state in which the insurance department has
				signed a separate reciprocity agreement with the Idaho Department, need not
				have their continuing education program(s) reviewed and approved by the
				Committee. However, all such courses need to be filed with the Department in a
				format approved by the Director and course application fees paid.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.04 - CONTINUING EDUCATION › Section 18.06.04.016 - PROGRAMS WHICH QUALIFY

Current through August 31, 2023
01.
Requirements of Acceptable Program
. A specific program will
			 qualify as an acceptable continuing education program if it is a formal program
			 of learning which contributes directly to the professional competence of a
			 licensee. It will be left to each individual licensee to determine the course
			 of study to be pursued. All programs need to meet the standards outlined in
			 Section 018.
			 (3-31-22)
02.
Subjects Which
			 Qualify
. (3-31-22)
a. The following
			 general subjects are acceptable for producers. (3-31-22)
i. Insurance, fixed and indexed annuities,
			 and risk management. (3-31-22)
ii.
			 Insurance laws and rules. (3-31-22)
iii. Mathematics, statistics, and
			 probability. (3-31-22)
iv.
			 Economics. (3-31-22)
v. Business
			 law. (3-31-22)
vi. Finance.
			 (3-31-22)
vii. Taxes, trusts,
			 estate planning. (3-31-22)
viii.
			 Business environment, management, or organization. (3-31-22)
ix. Securities. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.04 - CONTINUING EDUCATION › Section 18.06.04.017 - PROGRAMS WHICH DO NOT QUALIFY

Current through August 31, 2023
01.
Any
			 Course Used to Prepare for Taking an Insurance Licensing Examination
.
			 (3-31-22)
02.
Committee
			 Service of Professional Organizations
. (3-31-22)
03.
Computer Science Courses
.
			 (3-31-22)
04.
Motivation,
			 Psychology, or Selling Skills Courses
. (3-31-22)
05.
Reviews, Quizzes and/or
			 Examinations
. (3-31-22)
06.
Any Program Not in Accordance with This Rule
. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.04 - CONTINUING EDUCATION › Section 18.06.04.018 - STANDARDS FOR CONTINUING EDUCATION PROGRAMS

Current through August 31, 2023
To qualify for credit, the following standards need to be met
				by all continuing education programs: (3-31-22)
01.
Program Development
.
			 (3-31-22)
a. The program provides significant
			 intellectual or practical content to enhance and improve the insurance
			 knowledge and professional competence of participants. (3-31-22)
b. The program is developed by persons who
			 are qualified in the subject matter and instructional design.
			 (3-31-22)
c. The program content is
			 current or up to date. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.04 - CONTINUING EDUCATION › Section 18.06.04.019 - MEASUREMENT OF CREDIT

Current through August 31, 2023
01.
Credits
			 Measured in Full Hours
. Professional education courses are credited for
			 continuing education purposes in full hours only. The number of hours is
			 equivalent to the actual number of contact hours which need to include at least
			 fifty (50) minutes of instruction or participation. No credit will be given for
			 partial attendance. (3-31-22)
02.
Internet Courses
. Internet self-study courses will be credited one
			 (1) hour of continuing education for every fifty (50) minutes of study
			 material, excluding exams. Credit will be given in accordance with Section
			 021. (3-31-22)
03.
Webinar Courses
. Webinars
			 will be credited as classroom instruction or participation. In the event one
			 (1) course encompasses multiple webinars and self-study is necessary between
			 webinars, the self-study material need to be submitted to the Committee to be
			 evaluated for additional credit in accordance with Section
			 021. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.04 - CONTINUING EDUCATION › Section 18.06.04.020 - CONTROLS AND REPORTING

Current through August 31, 2023
01.
Licensee
			 to Retain Original Certificate as Evidence
. The original certificate of
			 completion received for each educational program or course is retained by the
			 licensee to evidence completion during the two (2) year renewal period. The
			 certificate of completion is in a format provided to the Department.
			 (3-31-22)
02.
Sign-In and
			 Sign-Out Sheets
. Sign-in and sign-out sheets are to be used and
			 monitored to ensure attendance for the full length of the seminar. No
			 certificate of completion is to be given to anyone arriving late or leaving
			 prior to the conclusion of the seminar. Failure to comply with these
			 requirements will result in loss of certification of the provider in accordance
			 with Section 023.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.04 - CONTINUING EDUCATION › Section 18.06.04.021 - APPROVED PROGRAMS OF STUDY - CERTIFICATION BY DIRECTOR

Current through August 31, 2023
01.
Requirements of Course
			 Approval
. All courses are approved by the Committee. If a course is not
			 approved in advance of presentation, an application for credit may be submitted
			 to the Committee within sixty (60) days of completion of the course.
			 (3-31-22)
02.
Nonrefundable
			 Application Fee
. Each course application is accompanied by a
			 nonrefundable application fee (as set forth in IDAPA 18.01.02, "Schedule of
			 Fees, Licenses and Miscellaneous Charges"). (3-31-22)
03.
Course Approval Procedures
.
			 Any person intending to provide courses applies in a format prescribed by the
			 Department and provides the following supporting documentation: (3-31-22)
a. A specific outline and/or course material;
			 (3-31-22)
b. Time schedule;
			 (3-31-22)
c. Method of
			 presentation; (3-31-22)
d.
			 Qualifications of instructor; and (3-31-22)
e. Other information supporting the request
			 for approval. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.04 - CONTINUING EDUCATION › Section 18.06.04.022 - PROOF OF COMPLETION

Current through August 31, 2023
An authorized representative of the sponsoring organization
				will, within thirty (30) days of completion of the course, provide a
				certificate of completion to each individual who satisfactorily completed the
				course and certify to the Department electronically a list of all such
				individuals. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.04 - CONTINUING EDUCATION › Section 18.06.04.023 - APPROVED SUBJECTS - LOSS OF CERTIFICATION

Current through August 31, 2023
01.
Program Suspension
. The certification of a program may be
			 suspended by the Director if it has been determined that: (3-31-22)
a. The program teaching method or program
			 content no longer meets the standards of this rule, or have been significantly
			 changed without notice to the Director for recertification; (3-31-22)
b. The program certified to the Director that
			 an individual completed the program, when in fact the individual had not done
			 so; (3-31-22)
c. Individuals who
			 have satisfactorily completed the program of study were not so certified by the
			 program; (3-31-22)
d. The
			 instructor or sponsoring organization is not qualified per the standards of
			 this rule or lacks education or experience in the subject matter of the
			 proposed course; (3-31-22)
e. The
			 instructor, sponsoring organization, or any company or affiliate of a
			 sponsoring organization has had a license revoked or suspended in any
			 jurisdiction. This includes any firm or organization where a revoked or
			 suspended individual has a substantial ownership interest, or other control in
			 a firm or organization; or (3-31-22)
f. There is other good and just cause why
			 certification should be suspended. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.04 - CONTINUING EDUCATION › Section 18.06.04.024 - CREDIT FOR INDIVIDUAL STUDY PROGRAMS

Current through August 31, 2023
01.
Requirements for Credit of Independent Study Programs
. All
			 approved correspondence courses or independent study programs needs to include
			 an examination which requires a score of seventy percent (70%) or better to
			 earn a certificate of completion. For each approved course, the sponsoring
			 organization will maintain multiple tests (two (2) or more) sufficient to
			 maintain the integrity of the testing process. A written explanation of test
			 security and administration methods will accompany the course examination
			 materials. Each unit and/or chapter of a course will contain review questions
			 that can be answered with a score of seventy percent (70%) or better before
			 access to the following unit/chapter is allowed. (3-31-22)
02.
Completed Tests
. The
			 examinations are administered, graded, and the results recorded by the
			 organization to which approval was originally granted. Completed tests are
			 retained by the sponsoring organization and will not be returned to any
			 licensee. (3-31-22)
03.
Prior
			 Approval Needed for Correspondence Courses
. All correspondence courses
			 need be submitted for approval and approved prior to being offered to licensees
			 for continuing education credit. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.04 - CONTINUING EDUCATION › Section 18.06.04.025 - CREDIT FOR SERVICE AS LECTURER, DISCUSSION LEADER, OR SPEAKER

Current through August 31, 2023
Only one (l) hour of continuing education credit will be
				awarded for each hour completed as an instructor or discussion leader.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.05 - MANAGING GENERAL AGENTS › Section 18.06.05.010 - DEFINITIONS

Current through August 31, 2023
01.
Applicability of Statutory
			 Definitions
. The definitions contained in the MGA Act as set forth in
			 Section 41-1502, Idaho Code, apply.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.05 - MANAGING GENERAL AGENTS › Section 18.06.05.011 - NOTICE PROVISIONS

Current through August 31, 2023
01.
Notice by
			 MGA
. Upon licensure and, thereafter, on or before July 1 of each year,
			 any person, firm, association or corporation acting in the state of Idaho in
			 the capacity of an MGA as defined in Section
			 41-1502(3), Idaho
			 Code, provides notice to the Director of the Department which includes:
			 (3-31-22)
a. A certified copy of the surety
			 bond prescribed by Subsection
			 013.01. (3-31-22)
b. Proof of insurance coverage as prescribed
			 by Subsection 013.02.
			 (3-31-22)
c. The appropriate
			 nonrefundable designation fee prescribed by IDAPA 18.01.02. (3-31-22)
d. A list of all names and addresses of
			 insurers doing business in the State of Idaho or Idaho domestic insurers with
			 which the MGA has a contract and a verified statement on a form provided by the
			 Department that the contract(s) contain the provisions prescribed by Section
			 41-1504, Idaho Code.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.05 - MANAGING GENERAL AGENTS › Section 18.06.05.013 - SECURITY PAYMENTS

Current through August 31, 2023
01.
Bond
. All MGAs acquire a surety bond for the protection of the
			 insurer and insureds. The bond will be in the amount of fifty thousand dollars
			 ($50,000) or ten percent (10%) of the amount of total funds handled within the
			 preceding year, whichever is greater. The bond amount will be adjusted
			 accordingly on or before July 1 of each year. Coverage cannot be written by the
			 insurer or an affiliate of the insurer employing the MGA. (3-31-22)
02.
Errors and Omissions Policy
.
			 All MGAs acquire and maintain an errors and omissions insurance policy
			 providing for claims arising out of the MGA's negligent acts, errors or
			 omission. The policy coverage limit is set at two hundred fifty thousand
			 dollars ($250,000) or twenty-five percent (25%) of the gross amount of direct
			 written premiums received by an insurer for the previous calendar year that are
			 attributable to the MGA, whichever is greater. The policy coverage limit will
			 be adjusted accordingly on or before July 1 of each year. Unless approved by
			 the director, coverage will not be written by the insurer or an affiliate of
			 the insurer employing the MGA. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.05 - MANAGING GENERAL AGENTS › Section 18.06.05.014 - INDEPENDENT AUDIT OR EXAMINATION

Current through August 31, 2023
01.
Annual
			 Independent Audit of MGA
. An independent audit by a certified public
			 accountant is conducted annually for MGAs currently under contract, and is to
			 be contracted for by the insurer. The independent audit will include the
			 following: (3-31-22)
a. Report of independent
			 certified public accountant; (3-31-22)
b. Balance sheet; (3-31-22)
c. Statement of income; (3-31-22)
d. Statement of cash flow;
			 (3-31-22)
e. Statement of income
			 and retained earnings; (3-31-22)
f.
			 Notes on financial statements - these notes are those prescribed by General
			 Accepted Accounting Principals; and (3-31-22)
g. A copy of a management letter or a
			 narrative statement setting forth what would have been the content of the
			 management letter had such letter been completed. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.05 - MANAGING GENERAL AGENTS › Section 18.06.05.015 - TERMINATION OF CONTRACT

Current through August 31, 2023
01.
Notice to
			 the Department
. Notice of the termination of an agreement between an MGA
			 and an insurer for which the MGA was conducting business in the state of Idaho
			 will include the name of the person, firm, association or corporation acting as
			 an MGA under the terms of the contract and the basis for the termination.
			 (3-31-22)
02.
Delivery of
			 Records to Insurer upon Termination of Contract
. If the contract between
			 an insurer and an MGA is terminated for any reason, the MGA will, upon request
			 by the insurer, deliver all records to the insurer within ninety (90) days of
			 the request. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.06 - SURPLUS LINE RULES › Section 18.06.06.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. IDAPA 18.06.06, "Surplus Line Rules." (3-31-22)
02.
Scope
. Provide procedures
			 for the placement of surplus line insurance. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.06 - SURPLUS LINE RULES › Section 18.06.06.010 - DEFINITIONS

Current through August 31, 2023
In addition to the definitions set forth in Section
				41-1213, Idaho Code, the following
				definitions also apply: (3-31-22)
01.
Open Lines for Export
. "Open Lines for Export" is defined as the
			 class or classes of business which the Director has declared eligible for
			 export in accordance with Section
			 41-1216, Idaho Code.
			 (3-31-22)
02.
Lines Other
			 Than Open Lines for Export
. "Lines Other Than Open Lines for Export" is
			 defined as the class or classes of business not on the list of open lines for
			 export which are to be offered to eligible surplus lines insurers in accordance
			 with Title 41, Chapter 12, Idaho Code. (3-31-22)
03.
Diligent Search
. A Broker
			 has exercised their obligations under Section
			 41-1214(2), Idaho
			 Code, if the Broker or the referring insurance producer submits a risk to at
			 least one (1) authorized company engaged in writing in Idaho the type of
			 coverage sought, or if there are no companies engaged in writing such coverage,
			 the risk is submitted to at least one (1) company that, in the Broker's or
			 producer's professional judgment, is the most likely to accept the risk.
			 (3-31-22)
04.
Delegated
			 Contractor
. Any contractor to whom activities have been delegated by the
			 Director under Section
			 41-1232, Idaho Code.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.06 - SURPLUS LINE RULES › Section 18.06.06.011 - BIENNIAL LICENSE

Current through August 31, 2023
The Idaho license of a resident or non-resident Broker is to be
				renewed every two (2) years. The original license fee and the renewal fee are
				prescribed in IDAPA 18.01.02. A broker will not solicit surplus line business
				before being licensed as a Broker. A broker will notify the Licensing Division
				of the Department if not renewing the license prior to the license renewal
				date. The Director may allow the continuation of a non-renewed license if,
				within one (1) year after the renewal date, the licensee submits a renewal
				request and a continuation fee twice the amount prescribed by Section
				41-1008(3), Idaho
				Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.06 - SURPLUS LINE RULES › Section 18.06.06.012 - ANNUAL REPORT

Current through August 31, 2023
Each Broker will file an annual report with the Director by
				March 1st of each year, of Surplus Line business transacted during the previous
				calendar year on an approved form. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.06 - SURPLUS LINE RULES › Section 18.06.06.013 - PAYMENT OF STATE TAX

Current through August 31, 2023
01.
Tax Due
			 March 1
. On or before March 1st of each year, each licensed Broker will
			 pay premium tax to the Department on business written during the preceding
			 calendar year, which tax will be collected from the insured, in addition to the
			 stamping fee. (3-31-22)
02.
Tax Summary
. By February 1st of each year the delegated contractor
			 will provide to each Broker a summary of records showing the state tax due the
			 Department for the preceding year and this amount will be paid to the
			 Department by the Broker. A flat percentage of the gross premium written during
			 the year is not acceptable since tax was collected on each individual policy
			 and that full amount will be paid to the Department. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.06 - SURPLUS LINE RULES › Section 18.06.06.014 - PAYMENT OF STAMPING FEES

Current through August 31, 2023
01.
Application
. A stamping fee is charged on all premiums and policy
			 fees written on Idaho business at a rate established by the delegated
			 contractor and approved by the Department. This rate may be adjusted to obtain
			 the objectives of the delegated contractor. The stamping fee cannot be refunded
			 except in the case of extenuating circumstances approved by the delegated
			 contractor. (3-31-22)
02.
Summary
. Within ten (10) days following the month during which the
			 surplus line insurance was handled through the delegated contractor, the
			 delegated contractor will submit an invoice summarizing the premium, Idaho tax,
			 and Stamping Fee for each submission processed to each Broker.
			 (3-31-22)
03.
Payable on
			 Receipt
. The Stamping Fee is payable upon receipt of billing. It is
			 delinquent if not paid within thirty (30) days after the last day of the month
			 in which the business was reported. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.06 - SURPLUS LINE RULES › Section 18.06.06.015 - COLLECTION OF TAXES

Current through August 31, 2023
01.
Idaho
			 Premium Taxes
. Idaho Premium Tax will be collected from the insured.
			 Policy fees, service fees, and other like fees are considered part of the
			 premium and subject to premium tax. State premium taxes will be refunded to the
			 taxpayer upon cancellation of the policy or return of premium for any reason.
			 (3-31-22)
02.
Purchasing
			 Groups
. Purchasing groups that obtain insurance from an unauthorized or
			 authorized surplus lines insurer will use an Idaho-licensed Broker. The Broker
			 is responsible to collect and submit all taxes and fees as prescribed by this
			 chapter. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.06 - SURPLUS LINE RULES › Section 18.06.06.016 - REPORTING TAXES AND STAMPING FEES

Current through August 31, 2023
Brokers are to report premium taxes and stamping fees in
				increments of not less than one year. A Broker who collects quarterly or
				monthly payments of premiums from the insured will provide reports of the
				premium tax and stamping fee in the initial submission or renewal for a full
				year. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.06 - SURPLUS LINE RULES › Section 18.06.06.017 - PLACEMENT AND COMMISSIONS

Current through August 31, 2023
01.
Basic
			 Requirement
. All surplus line business is to be placed through a
			 licensed Broker. Each producer of surplus line business will hold an Idaho
			 resident or non-resident producer license. (3-31-22)
02.
Idaho Producer
. When a
			 producer requests placement by a licensed Broker, the commission received and
			 paid will be based on the mutual written agreement of the parties.
			 (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.06 - SURPLUS LINE RULES › Section 18.06.06.018 - SUBMISSION TIME PERIODS

Current through August 31, 2023
All affidavits, submissions, certificates, endorsements and
				other documents for insurance written for Open Lines for Export and Other Than
				Open Lines for Export are to be received by the delegated contractor within
				thirty (30) days of receipt by the broker of the certificate, endorsement or
				other policy document. If the complete submission cannot be made within this
				time period, the information with submission form and affidavit, if applicable,
				will be forwarded. The Broker is responsible for meeting this requirement.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.06 - SURPLUS LINE RULES › Section 18.06.06.019 - OPEN LINES FOR EXPORT

Current through August 31, 2023
Pursuant to Section
				41-1216, the Director will publish
				a list of approved classes of insurance coverage or risks. If a risk does not
				appear on this list, then the Broker will file the normal submission forms and
				documents and execute the broker's affidavit. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.06 - SURPLUS LINE RULES › Section 18.06.06.020 - BROKER RECORDS

Current through August 31, 2023
A full and true record of each surplus line coverage procured
				by each Broker is to be maintained by the Broker. Reports of all documents
				processed by the delegated contractor will be provided on a monthly basis to
				the Broker. These reports, in addition to the broker's copy of policies and
				endorsements, are to be kept for a period of five (5) years and are subject to
				examination by the Director. (3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.06.06 - SURPLUS LINE RULES › Section 18.06.06.021 - APPROVED LIST OF INSURERS

Current through August 31, 2023
Pursuant to Section
				41-1217, Idaho Code, the Director
				compiles or approves a list of unauthorized insurers, whether foreign or alien,
				eligible to write surplus line business in Idaho. Brokers may only place
				surplus line business with companies on the current list. The delegated
				contractor will inform Brokers of additions and changes to the list.
				(3-31-22)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.07.01 - RULES FOR ACQUIRING CONTROL, INSURANCE HOLDING COMPANY SYSTEMS, AND MUTUAL INSURANCE HOLDING COMPANIES › Section 18.07.01.000 - LEGAL AUTHORITY

Current through August 31, 2023
Title 41, Chapters 2 and 38, Sections
				41-211 and
				41-3817, Idaho Code.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.07.01 - RULES FOR ACQUIRING CONTROL, INSURANCE HOLDING COMPANY SYSTEMS, AND MUTUAL INSURANCE HOLDING COMPANIES › Section 18.07.01.001 - SCOPE

Current through August 31, 2023
These rules administer the Idaho Acquisitions of Control and
				Insurance Holding Company Systems Regulatory Act including its MHC provisions.
				(4-6-23)
Idaho Administrative Code › Title IDAPA 18 - Insurance, Department of › Rule 18.07.01 - RULES FOR ACQUIRING CONTROL, INSURANCE HOLDING COMPANY SYSTEMS, AND MUTUAL INSURANCE HOLDING COMPANIES › Section 18.07.01.010 - DEFINITIONS

Current through August 31, 2023
These definitions supplement those in Chapter 38, Title 41,
				Idaho Code: (4-6-23)
01.
Affiliated Person
. (4-6-23)
a.
			 Any person directly or indirectly owning, controlling, or holding with power to
			 vote, five percent (5%) or more of another person's outstanding voting
			 securities; or (4-6-23)
b. Any
			 person, five percent (5%) or more of whose outstanding voting securities are
			 directly or indirectly owned, controlled, or held with power to vote, by
			 another person; or (4-6-23)
c. Any
			 person directly or indirectly controlling, controlled by, or under common
			 control with, another person; or (4-6-23)
d. Any officer, director, partner, copartner,
			 or employee of another person. (4-6-23)