Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-1 - ORGANIZATION › Rule 120-2-1-.02 - Agents Licensing Section

Current through Rules and Regulations filed through June 27, 2024
(1) The Agents Licensing Section is charged
				with the responsibility of protecting the citizens of this State by approving
				for licensing and renewal only those applicants who possess the mental ability
				and the moral character that is needed to suppress misrepresentation of the
				product to be offered.
(2) This
				section endeavors to promote the dignity of career insurance representatives by
				strict enforcement of qualification requirements and by firm but fair
				disposition of violations of the Georgia Insurance Code, with no individual
				exceptions. Effort is also made to improve public acceptance of insurance by
				careful screening and testing of proposed representatives and by consistent
				elimination of those licensees who, through unethical, unfair, or illegal
				practices, tend to destroy confidence in the industry.
(3) In order to accomplish these desired
				results, the Agents Licensing Section has been given the authority and duties
				set forth in paragraph (4) of this Rule.
(4) The section shall:
(a) Administer license qualifications
				prescribed by law and departmental regulations.
(b) Approve formal classroom training courses
				required of applicants as agents for life and accident and sickness, property
				and allied lines, and casualty, surety and allied lines.
(c) Issue temporary licenses to qualified,
				first-time applicants. Upon receipt of completed application and proper fees, a
				qualified applicant is sent a temporary license.
(d) Prepare or arrange for the preparation of
				an examination study manual. Study manuals are prepared by the Commissioner to
				aid applicants for licensing to gain knowledge required to pass the required
				written examination. Such manuals are available from the section upon payment
				of the applicable fee.
(e) Prepare
				and conduct all license examinations. The place, date, and time for conducting
				an examination shall be as specified on the examination permit. Questions, for
				courses in which a study manual has been prepared, shall come from such study
				manuals, otherwise, from reference materials recommended by departmental
				regulations. Applicants must present to the examiner a valid examination permit
				to be entitled to take the examination.
(f) Issue permanent licenses. The address of
				the licensee appearing on the license shall be the business address of property
				and casualty licenses; business address of life, accident and sickness licenses
				if, licensee's business and residence address are in the same city; and when
				the licensee's business and residence addresses are in different cities,
				licenses will reflect the licensee's residence address.
(g) Renew licenses. Renewal and applications
				will be sent to all licensees holding licenses during the current license year.
				Such applicants should request late renewal applications if no license was held
				during the current license year. The renewal application contains a replica of
				the agent's license; licensee shall check the replica for accuracy; space is
				provided to insert any corrections. Applicant for renewal shall answer all
				questions, date, and sign the application. Completed applications shall be
				submitted to the section with the proper renewal license fee.
(h) Collect all license and examination fees.
				License and examination fees are prescribed and required by law to be collected
				in advance.
(i) Work out reciprocal
				agreements with other states for nonresident applicants. The section shall see
				that Georgia licensees are admitted into other states on the same basis as such
				other states' licensees are admitted into Georgia. Since it is necessary to
				change these agreements from time to time because of changes in state insurance
				laws of the various states, any resident agent interested in securing such a
				license should contact the section for up-to-date information on the type of
				licenses which may be secured and the required fees.
(j) Provide letters of certification for
				Georgia agents seeking licenses in other states. Such letters will be provided
				if requested by the licensee, an insurance company official or an insurance
				regulatory official of such other state. Such letter shall be addressed and
				sent to whomever the requesting party designated. Such letter shall certify
				only as to those facts appearing in the records of the section.
(k) Handle complaints involving
				misappropriation of funds, conversion of funds to an agent's personal use, or
				withholding funds collected by an agent belonging to an insurer, insured, or a
				beneficiary as such complaints are filed by insurers against agents. The
				section shall require the insurer to make the charge in writing and furnish
				proof. The agent shall be notified of the charge and requested to admit or deny
				such charges. If the agent denies the charge, the agent shall furnish proof to
				refute it. The section shall request the Administrative Law Section of the
				Administrative Division to conduct an investigation to determine the
				facts.
(l) Work in conjunction with
				the Consumer Services Section with other type complaints filed by insurers
				against agents for the purpose of determining the facts and coordinating
				action.
(m) Conduct such
				pre-hearing conferences with agents as may be necessary for determination if
				formal hearings are necessary.
(n)
				Request formal hearings for license revocations. If, in the opinion of the
				assistant director, satisfactory evidence or answers were not given at the
				pre-hearing conference, the agent shall be notified that he can either
				voluntarily surrender his license or attend a formal hearing to show cause why
				his license should not be revoked. If the agent desires a formal hearing, his
				file is passed to the Administrative Law Section of the Administrative Division
				with the request that an appropriate order be drawn.
(o) Advise all companies of any changes in
				the status of their agents' licenses for the purpose of restricting or
				curtailing an agent's authority to act or termination of the agent's services
				if the discrepancy warrants such action.