Iowa Administrative Code › Agency 191 - Insurance Division › Insurance Producers › Chapter 10 - Insurance Producer Licenses and Limited Licenses › Rule 191-10.10 - Reinstatement or Reissuance of a License After Suspension, Revocation or Forfeiture in Connection With Disciplinary Matters; and Forfeiture in Lieu of Compliance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Terminology.
The term "reinstatement" as used in this rule
				means the reinstatement of a suspended license. The term "reissuance" as used
				in this rule means the issuance of a new license following the revocation of a
				license, the suspension and subsequent termination of a license, or the
				forfeiture of a license in connection with a disciplinary matter, including but
				not limited to proceedings pursuant to rule
				191-10.21 (252J,272D).
				Disciplinary matters include, but are not limited to, being the subject of an
				investigation, complaint, or pending administrative action in this or any other
				state. This rule does not apply to the reinstatement of an expired license or
				the issuance of a new license that is not in connection with a disciplinary
				matter.
(2)
Application
				required.
Any producer whose license has been revoked or suspended by
				order or who forfeited a license in connection with a disciplinary matter must
				apply to the commissioner for reinstatement or reissuance in accordance with
				the terms of the order of revocation or suspension or the order accepting the
				forfeiture and submit to a criminal history check as required pursuant to Iowa
				Code section
				522B.5A.
a. All proceedings for reinstatement or
				reissuance must be initiated by the applicant, who shall file with the
				commissioner an Iowa Insurance Producer Application for Reinstatement or
				Reissuance After Disciplinary Action. An applicant is not eligible for
				reinstatement or reissuance until the applicant has satisfied the other
				prescribed requirements of rule
				191-10.4 (522B), including the
				timing requirements of subrule 10.4(4). An applicant may also have to submit a
				new or renewal producer application through the NIPR Gateway and pay any
				associated fee.
b. An application
				for reinstatement or reissuance must allege facts which, if established, will
				be sufficient to enable the commissioner to determine that the basis of
				revocation, suspension, or forfeiture of the applicant's license no longer
				exists and must disclose whether the producer has engaged in any conduct that
				is listed as a cause for licensing action under Iowa Code section
				507B.4
				or 522B.11(1) that was not included in the order for suspension, revocation, or
				forfeiture.
c. An application for
				reinstatement or reissuance must allege sufficient facts to enable the
				commissioner to determine that it will be in the public interest for the
				application to be granted. The commissioner may determine it is not in the
				public interest if the producer has engaged in any conduct that is listed as a
				cause for licensing action under Iowa Code section
				507B.4
				or
				522B.11(1)
				 that was not included in the order for
				suspension, revocation, or forfeiture.
d. The burden of proof to establish such
				facts shall be on the applicant.
e.
				A producer may request reinstatement of a suspended license prior to the end of
				the suspension term; however, reinstatement will not be effected until the
				suspension period has ended.
f.
				Unless otherwise provided by law, if the order of revocation, suspension, or
				acceptance of forfeiture did not establish terms upon which reinstatement or
				reissuance may occur, or if the license was forfeited, an initial application
				for reinstatement or reissuance may not be made until at least one year has
				elapsed from the date of the order of the suspension (notwithstanding paragraph
				10.10(2)
"e"
), revocation, or acceptance of the forfeiture of a
				license.
g. The period of
				suspension shall continue, regardless of any specified suspension end date,
				until such time as the producer's license is reinstated by
				order.