New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 17E - PERSONS EMPLOYED IN THE BUSINESS OF INSURANCE › Subchapter 1 - CONVICTED PERSONS; WAIVERS › Section 11:17E-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Breach of trust" means any criminal act that includes, in any degree, an element of:
1. Theft, misuse, conversion, misapplication, embezzlement, misappropriation of property of another;
2. Defalcation as trustee, administrator, executor, conservator, receiver, guardian, agent, employee, partner, officer, director or public servant; or
3. Abuse of any position, title or office held in, or the property of any public, private or charitable entity.
"Business of insurance" means the writing of insurance or the reinsuring of risks by an insurer, including all acts necessary or incidental to such writing of insurance or reinsurance, and the activities of any person who acts as, or is, an officer, director, agent, or employee of an insurer, producer, or any other person authorized to act on behalf of such persons, including independent contractors of insurers.
"Commissioner" means the Commissioner of the New Jersey Department of Banking and Insurance or his or her designee.
"Conviction" means a finding of guilty or a plea of guilty, on vult, nolo contendere or no contest in a criminal court of the United States of America or in any state, commonwealth or possession. Deferred adjudication and conditional discharges are not convictions.
"Department" means the New Jersey Department of Banking and Insurance.
"Dishonesty" means any act, omission or commission, which involves or in any way constitutes the offense of theft, larceny, robbery, wrongful appropriation, criminal conversion, tax evasion, perjury, bribery, forgery, defalcation, counterfeiting, false or misleading oral or written statements, deception, fraud, schemes or other artifices to deceive or defraud, material misrepresentation and/or the failure to disclose material facts which are part of a criminal enterprise.
"Felony" means the following:
1. Any Federal crime for which the maximum authorized punishment exceeds one year of imprisonment;
2. Any crime identified as an offense of the first, second, third or fourth degree pursuant to 2C:1-4 and 43-1;
3. Any crime identified as a high misdemeanor or misdemeanor by Title 2A of the New Jersey Statutes for which the maximum authorized punishment exceeds one year incarceration; or
4. Any crime in any other state, commonwealth, territory or possession that is identified as a felony in that state, commonwealth, territory or possession, or, if not identified as a felony in said other jurisdiction, any offense for which the maximum authorized punishment exceeds one year incarceration.
"Insurer" means:
1. Any corporation, association, partnership, reciprocal exchange, interinsurer, Lloyd's insurer, fraternal benefit society or other person engaged in the business of insurance pursuant to Subtitle 3 of Title 17 of the Revised Statutes (17:17-1 et seq.), or Subtitle 3 of Title 17B of the New Jersey Statutes (17B:17-1 et seq.);
2. Any medical service corporation operating pursuant to P.L. 1940, c.75 (17:48A-1 et seq.);
3. Any hospital service corporation operating pursuant to P.L. 1938, c.366 (17:48-1 et seq.);
4. Any health service corporation operating pursuant to P.L. 1985, c.236 (17:48E-1 et seq.);
5. Any dental service corporation operating pursuant to P.L. 1968, c.305 (17:48C-1 et seq.);
6. Any dental service organization operating pursuant to P.L. 1979, c.478 ( 17:48D-1 et seq.);
7. Any insurance plan operating pursuant to P.L. 1970, c.215 (17:29D-1 );
8. The New Jersey Insurance Underwriting Association operating pursuant to P.L. 1968, c.129 (17:37A-1 et seq.); and
9. Any risk retention group or purchasing group operating pursuant to the "Liability Risk Retention Act of 1986," 15 U.S.C. §§
										3901 et seq.
"Insurance producer" means any person, persons or corporation licensed in the business of an insurance agent, insurance broker or insurance consultant.
"Prohibited person" is any person convicted of a felony involving dishonesty or breach of trust who is prohibited from being employed by an insurer in the business of insurance pursuant to 18 U.S.C. §
										1033.
"Waiver" means a written order signed by the Commissioner or his or her designee that permits an otherwise prohibited person to be employed by a specific employer in a specified title, job or position in the business of insurance issued in accordance with 18 U.S.C. §
										1033(e)(2).