Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.90-002 - Rule and Regulation 47: Pre-Licensing Education Requirements for Legal Insurance Agencies

Current through Register Vol. 49, No. 6, June, 2024
SECTION 1.
		  PURPOSE
The purpose of this rule is to establish curricula for courses of
			 instruction required to be completed by applicants seeking an agent's license
			 to sell legal insurance in Arkansas under Ark. Code §
								23-91-219
			 (Supp. 1987), to establish a mechanism of examination and review of the
			 performance and quality of the instruction, and to establish respective duties
			 of the Insurance Advisory Examining Board.
SECTION 2. AUTHORITY
The rule is issued pursuant to the authority vested in the
			 Commissioner under Ark. Code Ann. §§
								23-61-108
			 (1987),
			 23-91-224
			 (1987), and
			 23-91-219
			 (Supp. 1987), and
			 25-15-202
			 (1987), et seq.
SECTION 3.
		  APPLICABILITY AND SCOPE
This rule shall apply to all new applicants seeking an agent's
			 license on and after August 1, 1990 to sell legal insurance for all insurers
			 holding an Arkansas certificate of authority pursuant to Ark. Code Ann.
			 §§
								23-63-201,
			 et seq., or
			 23-91-201, et
			 seq. This rule shall not be applicable to agents holding a valid license to
			 sell legal insurance on or before August 1, 199 0.
SECTION 4. EFFECTIVE DATE
The effective date of this rule shall be May 1, 1990.
SECTION 5. COURSE REQUIREMENTS
All candidates for an Arkansas legal insurance agent's license
			 are hereby required to complete a course of instruction with a minimum of
			 eight-(8) hours of classroom instruction, with a minimum five (5) hours on Ark.
			 Code Ann. §§
								23-66-201, et seg.,
			 23-66-301
			 et
seq.,
23-91-201, et seq., and other applicable provisions of
			 the Arkansas Insurance Code and Rules and Regulations of the Arkansas Insurance
			 Department, and with a minimum three (3) hours on legal insurance and general
			 insurance principles. All candidates for a legal insurance agent's license who
			 have previously completed thirty-six (36) hours of education pursuant to
			 Department Rule and Regulation 31 will only be required to complete a course of
			 three (3) hours on legal insurance and general insurance principles to comply
			 with this Rule.
SECTION 6.
		  INSTRUCTOR QUALIFICATIONS AND PROVIDER REQUIREMENTS
A. Instructors must have had training or
		  educational experience satisfactory to the Advisory Examining Board and
		  approved by the Arkansas Insurance Commissioner in order to be certified to
		  teach any part of an approved course. Each instructor must have five (5) or
		  more years of experience in the field of insurance generally, or advanced
		  education, or five years of experience and advanced education combined, and
		  must be approved prior to teaching any course, or any part of a course, by the
		  Insurance Advisory Examining Board c/o Arkansas Insurance Department.
B. No person will approved as an instructor
		  who has received disciplinary action by the Arkansas Insurance Department, the
		  Insurance Department of another state, or any similar regulatory body or court.
		  The Commissioner shall have the authority to waive this requirement after a
		  hearing to determine the instructor's qualifications.
C. Application for approval as a provider
		  shall be submitted to the Insurance Advisory Examining Board c/o Arkansas
		  Insurance Department not less than sixty (60) days prior to the expected use of
		  the program. A provider shall include the following information in duplicate;
1] Detailed description of the instruction
		  program including a course outline and list of resource materials;
2] Completion of Exhibit 1 for the initial
		  certification;
3] Description of
		  all facilities and schedules of classes for all locations;
4] Completion of Exhibit 2 upon any change in
		  curriculum or instructor or location; and
5] Completion of Exhibit 4 as to each
		  instructor.
Course providers previously certified under Department Rule and
			 Regulation 31 may amend their existing applications to add three (3)hours of
			 instruction on legal insurance to comply with this Rule, or may file new
			 applications for eight (8) hours of instruction on legal insurance pursuant to
			 this Rule.
D.
		  Changes in class schedules are to be filed with the Insurance Department no
		  later than two (2) weeks before each class begins.
E. The Board may consider the type of
		  facility to be used for training, the sufficiency of teaching aids, and the
		  exclusive use of that portion of the facility being used for training in making
		  a determination to certify the provider.
F. The provider shall maintain detailed
		  attendance records for all students for all classes, which may be reviewed by
		  the Commissioner and the Board. In this regard, any studying which is not
		  conducted under the direct supervision of the instructor at the facility during
		  scheduled classes may not be credited toward completion of the required eight
		  (8) hours.