New Jersey Administrative Code › Title 11 - INSURANCE › Chapter 17 - PRODUCER LICENSING › Subchapter 3 - PROFESSIONAL QUALIFICATIONS › Section 11:17-3.2 - Insurance education provider duties and requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each approved insurance education provider (except as modified hereafter) shall:
1. Maintain an office where student records, samples of all instructional material used, and the certificate of approval for the program are kept. The office shall be accessible to the Department. The insurance education provider shall provide information regarding the means by which prospective, present and former students may contact the insurance education provider through its authorized personnel and insurance education director;
2. Retain an insurance education director in charge of the program, who shall be accessible to the Department and the public as required in (a) above during normal business hours. A producer whose license is suspended, revoked or voluntarily surrendered for cause in this or any other state may not act as an insurance education director. The insurance education director shall:
i. Oversee the program and activities of all instructors and authorized personnel;
ii. Be responsible to carry out or oversee the program's administrative duties imposed by this subchapter;
iii. Receive and distribute to all instructors, authorized personnel and students communications from the Department and the Department's contract vendor; and
iv. Notify the Department in writing of any change to the insurance education provider's application or renewal information, including, but not limited to, changes in the insurance education provider's name, address or telephone number, as well as the identity of the authorized insurance education director or authorized personnel.
3. Use knowledgeable and competent instructors to teach all courses. An instructor shall not have had his or her insurance producer license revoked, suspended or voluntarily surrendered for cause in any state and shall in the opinion of the Commissioner, be otherwise of good character and reputation. Prelicensing education instructors shall possess at least five years' experience in insurance practice, insurance education or the equivalent, at least three years of which must be derived from the same authority or authorities of insurance for which the instructor is teaching. Continuing education providers shall possess at least three years experience in the subject area taught. Prelicensing education instructors shall, in addition:
i. Hold a recognized professional designation; or
ii. Have passed the New Jersey instructor examination; or
iii. Be a faculty member of an accredited college or university teaching insurance courses;
4. Be permitted to use substitute teachers, special lecturers or guest speakers to instruct on particular topics, so long as the insurance education provider fulfills the recordkeeping and reporting requirements imposed by this subchapter. For prelicensing education courses, the use of substitute teachers, special lecturers or guest speakers shall not collectively exceed 25 percent of the total course hours.
5. When using classroom facilities, provide sufficient lighting, desks, tables and other equipment which are conducive to learning. Classroom facilities shall be open to the Commissioner or his or her designee for monitoring at any time;
6. If approved to teach prelicensing courses, instruct students in accordance with a curricula submitted and approved by the Department;
7. Conduct and administer courses in a manner reasonably calculated to assure that certificates or reports of courses attended and completed accurately reflect the students' attendance, for classroom courses of study, and performance. For classroom or seminar prelicensing education or continuing education offerings, an instructor shall be physically present in the classroom during the entire course including any tests or examinations;
8. Maintain for five years the records of each student including the name(s) of the course or courses taken; proof that the course final examination was passed, if applicable; and copies of the final examinations and education certificates issued. Programs voluntarily terminating operations shall turn over education certificates to the Department within 14 days of ceasing operation. If a program approval is revoked, the Department shall retain the right to secure such records;
9. If approved to teach prelicensing courses, provide remedies for students who have failed the State licensing examination, which may include review courses or additional full courses at reduced rates. Each provider offering prelicensing education courses shall provide each prospective student a written outline of available remedies during the registration process or earlier upon request;
10. If approved to teach prelicensing courses and if it charges tuition therefor, without specific request and in a manner approved by the Department, provide to all persons at the time of requests for enrollment application or information, all passing rates by line of authority for the State licensing examination for all prelicensing education courses offered by the provider during the preceding six-month period; or, if the program has not been in operation for this period of time, the passing rate for all examinations given during the period which the program has been in operation; and
11. If approved to teach prelicensing courses, provide the course curriculum in Spanish that the Department has made available to the prelicensure education provider upon the request of any prelicensing education student pursuant to 17:22A-31.f.