reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 37 - AGENT CERTIFICATES OF QUALIFICATION AND BROKER LICENSES › CERTIFICATES AND LICENSES › Section 37.36 - Renewal of broker license

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Approximately 150 days prior to license expiration, a notice of continuing
					 education status will be mailed to the broker. The broker will be required to
					 satisfy the continuing education requirement 60 days prior to license
					 expiration to be eligible for renewal of the license. If the broker does not
					 satisfy the continuing education requirement, the broker will be so notified.
					 If the continuing education requirement is met, the broker will be sent a
					 renewal form approximately 60 days prior to license expiration. Mailing to the
					 last known address of the broker will satisfy the Department's obligation to
					 provide the appropriate forms and notices.
(b) Broker licenses shall be renewed
					 biennially based on the broker's month and year of birth. The license for a
					 broker born in an even numbered year will expire at the end of the broker's
					 birth month in even numbered years. The license for a broker born in an odd
					 numbered year will expire at the end of the broker's birth month in odd
					 numbered years.
(c) Corporation and
					 partnership licenses will expire biennially based on the date of incorporation
					 of the corporation or the date of formation of the partnership. Corporations
					 shall provide a list of officers (active, qualifying active or otherwise) with
					 the renewal form. Partnerships shall provide a list of partners (active,
					 qualifying active or otherwise) with the renewal form.
(d) Renewal of a broker's license is
					 obtainable only upon submission of a completed renewal form by the license
					 holder and payment of the proper fee.
(e) Failure to complete and submit the
					 renewal form and fee by the expiration date will be deemed voluntary
					 termination by the broker. Renewal forms received by the Department after
					 expiration will be denied.
(f)
					 Failure to document compliance with continuing education requirements will be
					 deemed voluntary termination by the broker.
This section cited in 31 Pa. Code §
													39.11 (relating to penalties for
						  failure to comply with continuing education
						  requirements).
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 37 - AGENT CERTIFICATES OF QUALIFICATION AND BROKER LICENSES › CERTIFICATES AND LICENSES › Section 37.37 - Corporation or partnership certificate/license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A separate certificate or license shall
					 be required for each corporation or partnership which has a separate Federal
					 tax identification number and engages in the business of insurance in this
					 Commonwealth.
(b) A certificate or
					 license for a partnership or corporation will not be issued unless all partners
					 or officers are included on the application and all lines of authority of the
					 partnership or corporation are also reflected on the certificates or licenses
					 of the qualifying active partners or qualifying active officers
					 thereof.
(c) The term "qualifying
					 active" may not be construed to require the partner or officer to obtain a
					 certificate or license reflecting all lines of authority held by the
					 partnership or corporation, as long as a combination of certificates or
					 licenses of the qualifying partners or officers include all the lines of
					 authority held by the partnership or corporation. Partners or officers may not
					 engage, either individually or on behalf of the partnership or corporation, in
					 an act of an agent or broker requiring a line of authority which they do not
					 individually hold.
(d) A person who
					 solicits, negotiates, places risks or performs other activity of an agent for
					 an entity, regardless of employment or official connection with a partnership
					 or corporation, and whether acting in the name of the partnership or
					 corporation or individually, shall be appointed individually with the
					 entity.
(e) When an entity appoints
					 a partnership or corporation, it shall also appoint the qualifying active
					 partners or the partnership or the qualifying active officers of the
					 corporation.
(f) Qualifying active
					 partners or qualifying active officers of a partnership or corporation shall be
					 individuals.
(g) Partnerships and
					 corporations shall designate a qualifying active partner or qualifying active
					 officer for all appointments for each line of authority. If a qualifying active
					 partner or qualifying active officer certificate or license is terminated, the
					 partnership or corporation shall designate a certified or licensed replacement
					 within 10 days for all appointments for each line of authority
					 affected.
This section cited in 31 Pa. Code §
													37.1 (relating to definitions); 31
						  Pa. Code §
													37.31 (relating to general
						  application requirements); 31 Pa. Code §
													37.33 (relating to agent
						  application procedures); and 31 Pa. Code §
													37.34 (relating to broker
						  application procedures).
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 37 - AGENT CERTIFICATES OF QUALIFICATION AND BROKER LICENSES › CERTIFICATES AND LICENSES › Section 37.38 - Certificate or license determines authority

Current through Register Vol. 54, No. 28, July 13, 2024
An agent or broker shall be authorized to conduct
						business only for the line of authority stated on the certificate or license.
						Certificates and licenses are not transferable and may not be
						delegated.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 37 - AGENT CERTIFICATES OF QUALIFICATION AND BROKER LICENSES › CERTIFICATES AND LICENSES › Section 37.39 - Lines of authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 underwriting powers of the entity establish the line of authority required of
					 the agent or broker. The authority to sell the following classes and kinds of
					 insurance may be granted by the Department and reflected on the certificate or
					 the license:
(1)
Agent lines of
					 authority
:
(i)
General
.
(A) Life and
					 annuities.
(B) Variable
					 annuities.
(C) Accident and
					 health.
(D) Credit life, accident
					 and health and credit unemployment.
(E) Property.
(F) Casualty.
(G) Title.
(H) Public adjuster or public adjuster
					 solicitor as set forth in the act of December 20, 1983 (P. L. 260, No. 72)
					 (63
					 P. S. §§
															1601-1608).
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 37 - AGENT CERTIFICATES OF QUALIFICATION AND BROKER LICENSES › CERTIFICATES AND LICENSES › Section 37.40 - Disclosure of information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under
					 section 207 of the act (40 P. S. §
												45), the Department will furnish certified
					 copies of records in its office, such as agent certificates and appointment
					 histories or broker licenses, but only when it is not deemed prejudicial to the
					 public interest.
(b) Section 211 of
					 the act (40 P. S. §
												49) and
					 section 612-A of The Administrative Code of 1929 (71 P. S. §
												240.12A) provide the Department with the
					 authority to charge and collect certain fees. Accordingly, a certified report
					 of the line of authority for an agent or broker and the agent appointments may
					 be provided upon submission of an appropriate request and fee.
(c) The Department reserves the right to
					 determine whether or not the disclosing of information, in each case, is
					 against public policy.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 37 - AGENT CERTIFICATES OF QUALIFICATION AND BROKER LICENSES › CERTIFICATES AND LICENSES › Section 37.41 - Name on certificate or license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Applicants for certificates or licenses
					 and current holders of certificates or licenses shall be required to provide
					 the Department with their full given legal name. The applicant, agent or
					 broker, may request the use of an abbreviation of the full given legal name to
					 be used on all documents issued by the Department. The Department may grant the
					 request if it determines the abbreviation is not misleading or confusing.
					 Nicknames will not be permitted. If the applicant, agent or broker has but one
					 given name, the full name shall be used.
(b) Agents and brokers shall notify the
					 Department within 10 days of a legal change of name. The notice shall be in the
					 form and manner established by the Department.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 37 - AGENT CERTIFICATES OF QUALIFICATION AND BROKER LICENSES › CERTIFICATES AND LICENSES › Section 37.42 - Fictitious names

Current through Register Vol. 54, No. 28, July 13, 2024
Certificates and licenses shall accurately reflect the
						name of the individual agent or broker and indicate if fictitious names in
						which the agent or broker transacts the business of insurance are on file with
						the Department. Fictitious names used by an agent or broker to do insurance
						business shall be registered with the Department of State and will be provided
						by the Department upon request.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 37 - AGENT CERTIFICATES OF QUALIFICATION AND BROKER LICENSES › CERTIFICATES AND LICENSES › Section 37.43 - Current agent and broker addresses

Current through Register Vol. 54, No. 28, July 13, 2024
Every agent holding a certificate and every broker
						holding a license issued by the Department shall notify the Department of a
						change in residence or business address within 15 business days of the change.
						Notice shall be given in a form and manner established by the Department. Every
						agent holding a certificate shall also notify, within 15 business days of the
						change, entities for which the agent holds appointments of a change in
						residence or business address. Notice of formal hearing sent to the last known
						address of the agent or broker shall constitute formal legal notice to the
						agent or broker.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 37 - AGENT CERTIFICATES OF QUALIFICATION AND BROKER LICENSES › CERTIFICATES AND LICENSES › Section 37.44 - Changes, sale and dissolution

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Whenever there is a change in the name of an agency, or a change of the
					 personnel affecting the qualifying active partners or qualifying active
					 officers, the agency shall notify the Department within 15 business days so
					 that the correct information is on file with the Department.
(b) In case of a sale or dissolution of an
					 agency, the Department shall be advised immediately of the pertinent facts
					 relating thereto.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 37 - AGENT CERTIFICATES OF QUALIFICATION AND BROKER LICENSES › CERTIFICATES AND LICENSES › Section 37.45 - Contractual relationship of brokers and agents

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When a broker solicits insurance, no
					 person or entity other than the soliciting broker may be represented. If an
					 insurance entity authorizes the broker to solicit for it, the entity shall
					 certify the broker's appointment as an agent, as required in §
											37.61 (relating to appointments
					 and termination by entity) and that entity may no longer accept business from
					 that person as a broker.
(b) When a
					 broker is authorized by the client to secure insurance, the broker shall be
					 considered the legal agent of the client.
(c) When an entity gives a policy, either new
					 or renewal, to a broker for delivery to the insured, the broker shall be
					 considered an agent of the entity for delivery of that one policy and, since
					 collection of the premium is implied, payment to the broker shall be payment to
					 the entity.
(d) A certificate shall
					 permit the agent to secure appointments from other insurance entities. An agent
					 shall have authority to represent only the entities for which the agent has
					 been appointed. An agent may not place business with an entity or an agent of
					 an entity for which the agent does not have an appointment unless the agent is
					 also licensed as a broker.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 37 - AGENT CERTIFICATES OF QUALIFICATION AND BROKER LICENSES › CERTIFICATES AND LICENSES › Section 37.47 - Revocation, suspension, nonrenewal of certificates and licenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
					 may revoke, suspend or refuse to renew a certificate or license upon finding,
					 after a hearing, that an agent or a broker has engaged in conduct which would
					 disqualify him from initial issuance of a certificate or a license. This
					 conduct includes the indicated bases for initial denial of a certificate or
					 license provided in §
											37.46 (relating to standards for
					 denial of certificate/license).
(b)
					 Hearings regarding certificates and licenses held under section 639 of the act
					 (40
					 P. S. §
												279) and this chapter will be
					 held in accordance with 1 Pa. Code Part II (relating to general rules of
					 administrative practice and procedure).
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 37 - AGENT CERTIFICATES OF QUALIFICATION AND BROKER LICENSES › CERTIFICATES AND LICENSES › Section 37.48 - Reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
An agent or broker who has been denied a certificate or
						license or has had an existing certificate or license revoked, suspended or
						nonrenewed under §
											37.46(5)
						(relating to standards for denial of certificate/license); or who has pleaded
						guilty or nolo contendere or has been found guilty of criminal conduct as set
						forth in §
											37.46(7)(i),
						shall report this fact to the Department in writing within 10 business days
						after the occurrence of the event. An insurance entity having knowledge of the
						occurrence of the event concerning its agents or concerning brokers with whom
						it deals shall similarly make this fact known to the Department in writing
						within 10 business days after learning of the event.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 37 - AGENT CERTIFICATES OF QUALIFICATION AND BROKER LICENSES › CERTIFICATES AND LICENSES › Section 37.49 - Revocation, suspension, nonrenewal of certificates and licenses in nonresident agent or broker's state of domicile

Current through Register Vol. 54, No. 28, July 13, 2024
A nonresident agent or broker whose Pennsylvania
						certificate or license was issued based on a valid certificate or license from
						the agent or broker's state or Canadian province of domicile may be subject to
						suspension, revocation or nonrenewal in this Commonwealth if the agent or
						broker's certificate or license is suspended, revoked or nonrenewed in the
						agent or broker's state or province of domicile.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 37 - AGENT CERTIFICATES OF QUALIFICATION AND BROKER LICENSES › RESPONSIBILITIES OF INSURANCE ENTITIES › Section 37.61 - Appointments and termination by entity

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A certificate does not permit a person to
					 act as an agent. To complete the certificate process to act as an agent, a
					 person shall secure a written appointment from each sponsoring entity.
(1) An insurance entity shall make
					 appointments of agents in writing to the agent.
(2) If an entity enters into a contract with
					 the agent, the effective date of the appointment shall be the same as the
					 effective date of the contract.
(3)
					 An insurance entity's appointment form shall contain at least the following:
(i) The effective date of the
					 appointment.
(ii) The lines of
					 authority conferred.
(iii) The name
					 and address of the appointee, and any fictitious name currently used by
					 appointee.
(iv) The appointee's
					 certificate number.
(v) The names
					 and certificate numbers of qualifying active partners, if the appointee is a
					 partnership, or qualifying active officers, if the appointee is a
					 corporation.
(vi) The appointee's
					 Social Security number or tax identification number.
(vii) A list of companies and insurer
					 numbers, if fleet appointment.
(4) Appointment activity by an entity for
					 existing certificate holders shall be reported to the Department on a monthly
					 basis. The report shall be in a format approved by the Department. The report
					 shall be filed within 30 days of the end of the month being reported.
(5) Appointment records, including a
					 demonstration of the reasonable inquiry conducted by the entity as required in
					 §
												37.62(b)(1)
					 (relating to certification of appointments by entities), shall be made
					 available for Department inspection upon demand. Both the entity and appointee
					 shall maintain records of the appointment during the appointment period and for
					 5 years following expiration or termination of the appointment. The records may
					 be maintained on a regional basis if the entity designates a single contact
					 person for each reporting region.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 37 - AGENT CERTIFICATES OF QUALIFICATION AND BROKER LICENSES › RESPONSIBILITIES OF INSURANCE ENTITIES › Section 37.62 - Certification of appointments by entities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Entities authorized by law to transact
					 business within this Commonwealth shall, upon request by the Department,
					 certify in a reasonable period of time to the Department the names of agents
					 appointed by them to solicit insurance in this Commonwealth, as required by
					 section 605(c) of the act (40 P. S. §
												235(c)).
(b) The following inquiries and
					 certifications are required:
(1) Entities
					 shall, prior to appointing or reappointing an agent, make reasonable inquiry
					 to:
(i) Determine whether the agent could be
					 disqualified from obtaining a new or renewal certificate under §
													37.46(2), (3), (5) or
					 (7) (relating to standards for denial of
					 certificate/license).
(ii) Verify
					 employment history, references, current residence, and, depending upon
					 information gleaned from the inquiry, determine whether the facts and
					 circumstances mandate additional investigation or verification of an agent's
					 background and responses.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 37 - AGENT CERTIFICATES OF QUALIFICATION AND BROKER LICENSES › FEES › Section 37.71 - Examination fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Among the
					 factors considered by the Department in establishing and updating the fee for
					 examinations are:
(1) The cost of developing
					 and maintaining exams.
(2) The cost
					 of administering exams.
(3) The
					 frequency of exams offered.
(4) The
					 number of different types of exams offered.
(5) The volume of exams taken.
(6) The number of testing
					 facilities.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 37 - AGENT CERTIFICATES OF QUALIFICATION AND BROKER LICENSES › FEES › Section 37.72 - Certificate, license and appointment fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The new and renewal fee for a certificate
					 is $36. Other license fees are set forth in section 612-A of The Administrative
					 Code of 1929 (71 P. S. §
												240.12A).
(1) Payment of the appropriate fee shall be a
					 requirement for obtaining and renewing a certificate or license.
(2) Fees are established for a complete
					 24-month renewal period. Fees will be prorated for an initial certificate or
					 license period if less than 24 months. Credit will not be allowed for
					 termination prior to the expiration date.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 37 - AGENT CERTIFICATES OF QUALIFICATION AND BROKER LICENSES › MISCELLANEOUS › Section 37.81 - Premium accounts

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Insurance agents and brokers who have the express written consent of their
					 entities to mingle premium moneys with their own funds may do so if the
					 following exist:
(1) Moneys held in a
					 fiduciary capacity are reasonably ascertainable from the books of account and
					 records of the agents or brokers.
(2) Amounts due entities are equal to or less
					 than the combined accounts receivable and current bank
					 balances.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 37 - AGENT CERTIFICATES OF QUALIFICATION AND BROKER LICENSES › MISCELLANEOUS › Section 37.82 - Agent and broker indebtedness

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Department will not act as a collection agency, but will take action at its
					 discretion in regard to specific violations of the insurance laws or in regard
					 to the indebtedness of an agent or broker if the cause of the indebtedness
					 reflects on the trustworthiness of the agent or broker.
(b) The Department will investigate and take
					 appropriate action regarding premiums collected by the agent and not remitted
					 to the entity, only after the entity has exhausted reasonable legal remedies to
					 effect the collection of the unremitted premium.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 37 - AGENT CERTIFICATES OF QUALIFICATION AND BROKER LICENSES › MISCELLANEOUS › Section 37.83 - Merger of entities

Current through Register Vol. 54, No. 28, July 13, 2024
When insurance entities merge, consolidate or
						reincorporate so that the agents of one or more of the entities are to be
						appointed as a whole for the new entity or the surviving entity, the
						appointments shall be recorded under the same conditions as the renewal of
						appointments, and an applicable fee will be charged. Additional lines of
						authority will not be granted to these agents by means of the
						transaction.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 37 - AGENT CERTIFICATES OF QUALIFICATION AND BROKER LICENSES › MISCELLANEOUS › Section 37.84 - Power of attorney

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 agent's certificate and appointments may not be transferred by power of
					 attorney.
(b) A broker's license
					 may not be transferred by power of attorney.
(c) A person writing bonds under authority of
					 a power of attorney or acting in another manner in the capacity of agent in
					 conjunction with the activity shall first obtain a certificate from the
					 Department and be appointed as agent on behalf of the entity. Violations of
					 this requirement will result in formal action by the Department.
(d) A person may not countersign policies by
					 power of attorney unless the recipient of power of attorney has a certificate
					 from the Department and is appointed as agent for the entity whose policies the
					 person holding the power of attorney will be countersigning.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 39a - EDUCATION AND TRAINING FOR APPLICANTS AND INSURANCE PRODUCERS › Section 39a.2 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this chapter is to implement the provisions
					 of sections 604-A and 608-A of the act (40 P. S. §§
											310.4 and
					 310.8), regarding license
					 prerequisites and to license renewals, by establishing requirements and
					 standards for education, including continuing and preexamination education, and
					 training programs for applicants and insurance producers.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 39a - EDUCATION AND TRAINING FOR APPLICANTS AND INSURANCE PRODUCERS › Section 39a.3 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter applies to applicants and insurance producers
					 not exempt under sections 604-A or 608-A of the act (40 P. S. §§
											310.4 and
					 310.8), regarding license
					 prerequisites and to license renewals.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 39a - EDUCATION AND TRAINING FOR APPLICANTS AND INSURANCE PRODUCERS › Section 39a.4 - Administration of education program

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The Commissioner may contract with a competent individual or entity to serve as
				  program administrator. The responsibilities of the program administrator
				  include:
(1) Reviewing sponsor
				  qualifications.
(2) Course
				  content.
(3) Credit hour assignment
				  for continuing education courses.
(4) Recording successful course completion by
				  insurance producers.
(5) Performing
				  other services deemed appropriate by the Commissioner.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 39a - EDUCATION AND TRAINING FOR APPLICANTS AND INSURANCE PRODUCERS › Section 39a.5 - Sponsors

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A sponsor shall
				  apply for registration on an application approved by the
				  Commissioner.
(b) A sponsor shall
				  have the responsibility to:
(1) Ensure
				  compliance with this chapter.
(2)
				  Provide the name, address, phone number and email, if available, of a contact
				  person for each course submitted for approval.
(3) Provide the name of each course
				  instructor and identify the qualifications under §
											39a.8 (relating to instructors)
				  that the instructor satisfies.
(4)
				  Notify the Commissioner of a change in information on applications for course
				  or instructor approval.
(5) Ensure
				  that the course provides students with current and accurate
				  information.
(6) Provide students
				  with the following information in writing:
(i)
				  The course title.
(ii) The date,
				  time, location and applicable web site when the course is offered.
(iii) The name, address and telephone number
				  of a contact person for each course.
(iv) A general outline of the subject matter
				  being covered.
(v) Other
				  information the sponsor believes may benefit the students.
(vi) A form for requesting continuing
				  education credits, if applicable.
(7) Provide a textbook or a detailed outline
				  of the subject matter being taught.
(8) Supervise and evaluate courses and
				  instructors.
(9) Investigate
				  complaints relating to courses or instructors.
(10) Maintain accurate records of courses
				  offered, instructors, student attendance and student course completion for at
				  least 4 years from the date of course completion.
(11) Within 30 calendar days of a student's
				  successful completion of a course, provide the student with a course completion
				  certificate on a form or in a format approved by the Commissioner.
(12) Notify the Commissioner or the program
				  administrator in a prescribed format of students who have successfully
				  completed a course within 10 business days of the date of course
				  completion.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 39a - EDUCATION AND TRAINING FOR APPLICANTS AND INSURANCE PRODUCERS › Section 39a.6 - Courses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Commissioner will approve only courses that contribute directly to the
				  professional insurance competence or ethics of students. Accordingly, the
				  following types of courses will not be approved:
(1) A course in mechanical, office or
				  business skills, including typing, speed reading, or the use of calculators or
				  other machines or equipment.
(2) A
				  course in sales promotion.
(3) A
				  course in motivation, salesmanship, stress management, time management,
				  psychology, communication or writing.
(4) A course relating solely to office
				  management, client relations or improving the operation of the student's
				  business.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 39a - EDUCATION AND TRAINING FOR APPLICANTS AND INSURANCE PRODUCERS › Section 39a.7 - Credit hours

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Commissioner will determine the number of credit hours to be assigned to each
				  approved course. Credit hours will not include time spent on meals, breaks or
				  other activities unrelated to the course.
(b) To receive credit, a student shall
				  complete the requirements of an approved course, including attendance or
				  participation (if other than a classroom format) and examination requirements.
				  For courses that do not use a classroom format, a course will not be considered
				  completed until the sponsor has received all necessary forms from a student.
				  Students should further advise the sponsor to file with the Department a
				  verification of course completion for the student to obtain credit.
(c) A student may not earn credit for
				  attending a subsequent offering of the same course within the same licensing
				  period.
(d) The instructor of an
				  approved course shall earn twice the number of approved credit hours for that
				  course. The instructor may not earn credit for instructing a subsequent
				  offering of the same course within the same licensing period.
(e) A student shall maintain records of
				  credits earned for at least the two most recently completed licensing periods
				  in addition to the current licensing period.
(f) Preexamination education credits shall be
				  valid for 1 year from the date the course is successfully completed.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 39a - EDUCATION AND TRAINING FOR APPLICANTS AND INSURANCE PRODUCERS › Section 39a.8 - Instructors

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The instructor
				  shall possess one or more of the following qualifications:
(1) A minimum of 3 years experience in the
				  subject matter being taught.
(2) A
				  degree in the subject matter being taught.
(3) A minimum of 3 years experience as an
				  insurance producer in the subject matter being taught.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 39a - EDUCATION AND TRAINING FOR APPLICANTS AND INSURANCE PRODUCERS › Section 39a.10 - Penalties for failure to comply with continuing education requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An insurance
				  producer will be notified by the Department, 90 days prior to the expiration
				  date stated on his license, of the number of credit hours needed to satisfy the
				  continuing education requirements.
(b) Failure to comply with continuing
				  education requirements by the expiration date of the license shall be deemed a
				  voluntary termination of the insurance producer's license.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 39a - EDUCATION AND TRAINING FOR APPLICANTS AND INSURANCE PRODUCERS › Section 39a.11 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Fees will be
				  established under subsection (b) or (c) for initial approval of a sponsor,
				  approval of each course offered by a sponsor and for the sponsor's reporting of
				  course completion. Following initial approval, each sponsor and the sponsor's
				  course will be subject to recertification every 2 years for which fees shall be
				  established. Fees will reflect the administrative costs for the education
				  program.
(b) If the Department
				  administers the education program, the fees described in subsection (a) will be
				  established by regulation.
(c) If
				  the Department contracts with a competent individual or entity to serve as
				  program administrator in accordance with §
										39a.4 (relating to administration
				  of education program) for the administration of the continuing education
				  program, the fees described in subsection (a) will be established by contract
				  pursuant to the standards and procedures established for procurement of
				  contractual services by Commonwealth agencies and will be published as a notice
				  in the
Pennsylvania Bulletin
.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart C - Agents and Brokers › Chapter 39a - EDUCATION AND TRAINING FOR APPLICANTS AND INSURANCE PRODUCERS › Section 39a.12 - Powers of the Commissioner

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Commissioner may disqualify or deny, suspend or revoke the approval of a
				  sponsor, instructor, course or program of courses if the sponsor, instructor,
				  course or program of courses is not in compliance with this chapter.
(b) If the Commissioner determines that a
				  student has knowingly falsified an education report, has misrepresented any
				  fact, information or material submitted to the Commissioner under the education
				  requirements, or has knowingly submitted a false education report, the
				  Commissioner may suspend or revoke the individual's license and impose
				  appropriate civil penalties under section 691-A of the act (40 P. S. §
											310.91), regarding enforcement by the
				  Department.
(c) The Commissioner
				  may audit, monitor and review courses with or without notice to the
				  sponsor.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart E - Advertising of Insurance › Chapter 51 - GENERAL PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 51.2 - Filings of advertisements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Required filing.
Mail-order solicitations of individual
					 accident and health contracts or franchise accident and health contracts shall
					 be filed as follows:
(1) A mail-order
					 solicitation for an individual accident and health contract or a franchise
					 accident and health contract shall be properly filed with the Department as an
					 "Initial Filing of a Mail-order Solicitation," not later than the day of first
					 publication of the advertisement.
(2) A mail-order solicitation which has been
					 properly filed with the Department in accord with this subsection and
					 advertisement for which has subsequently been changed in any way, shall be
					 filed in its changed form as an "Amended Filing of a Mail-order Solicitation"
					 not later than the day of first publication of that changed
					 advertisement.
(3) Once a
					 mail-order solicitation has been properly filed with the Department as an
					 "Initial Filing of a Mail-order Solicitation" or an "Amended Filing of a
					 Mail-order Solicitation," that same mail-order solicitation need not be filed
					 with the Department upon each subsequent use for a period of 2 years from the
					 date of that filing. An advertisement shall be refiled as a "Renewed Filing of
					 a Mail-order Solicitation" not later than the date of first publication after
					 the expiration of this 2-year period.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart E - Advertising of Insurance › Chapter 51 - GENERAL PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 51.3 - Company's responsibility and control

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every company shall maintain complete
					 control over the content, form and method of dissemination of advertisements of
					 its contracts. The advertisements, regardless of by whom written, created or
					 designed, shall be the responsibility of the company whose contracts are being
					 advertised.
(b) Advertisements
					 prepared by persons other than the company for which the advertisement is
					 intended to be used shall, prior to its use, be approved in writing by an
					 officer of the company or another person the company may designate for this
					 purpose.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart E - Advertising of Insurance › Chapter 51 - GENERAL PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 51.4 - Advertising file

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A company shall
					 maintain at its home or principal office a complete file containing every
					 printed, published or prepared advertisement of its individual contracts and
					 typical printed, published or prepared advertisements of its blanket, franchise
					 and group contracts hereafter disseminated in this or another state whether or
					 not licensed in the other state.
(b) An advertisement included in this
					 advertising file shall be annotated as to the manner and extent of distribution
					 and the form number of the contract advertised.
(c) The advertising file kept in accordance
					 with this section shall be subject to inspection by the Department.
(d) Advertisements and related material shall
					 be maintained in the file for a period of either 4 years or until the filing of
					 the next regular report of examination of the company, whichever is the longer
					 period.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart E - Advertising of Insurance › Chapter 51 - GENERAL PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 51.5 - Certificate of compliance

Current through Register Vol. 54, No. 28, July 13, 2024
A company required to file an annual statement which is
						now or which hereafter becomes subject to this chapter shall file with the
						Department with its Annual Statement a Certificate of Compliance executed by an
						authorized officer of the company wherein it is stated that to the best of his
						knowledge, information and belief the advertisements which were disseminated by
						the company during the preceding statement year complied or were made to comply
						in all respects with the provisions of the insurance laws and regulations of
						this Commonwealth.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart E - Advertising of Insurance › Chapter 51 - GENERAL PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 51.6 - Compliance standards

Current through Register Vol. 54, No. 28, July 13, 2024
The Commissioner may adopt compliance standards relating
						to the enforcement of statutory requirements regulating the advertisement of
						insurance.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart E - Advertising of Insurance › Chapter 51 - GENERAL PROVISIONS › Subchapter A - GENERAL PROVISIONS › Section 51.7 - Sanctions

Current through Register Vol. 54, No. 28, July 13, 2024
Failure to properly file or maintain material in accord
						with the requirements of this chapter shall constitute a refusal to produce or
						maintain records as required by the Department, and shall subject an individual
						or company so failing to the appropriate sanctions provided by
						law.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart E - Advertising of Insurance › Chapter 51 - GENERAL PROVISIONS › Subchapter B - COMPLIANCE STANDARDS › PRELIMINARY PROVISIONS › Section 51.11 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The compliance
						standards promulgated by this subchapter are a guideline to Departmental
						enforcement of existing statutory provisions relating to the use of deceptive,
						misleading or false statements, practices or procedures.
(b) If a company feels that the provisions of
						these guidelines are especially burdensome when applied in a particular
						instance, that company may properly file a Voluntary Submission of an
						Advertisement under this subchapter. That submission should include a statement
						of the reasons the particular requirements of the regulation should not be
						applicable under the stated circumstance. The Department will then consider
						whether the advertisement as filed might defeat or circumvent the intent or
						purpose of The Unfair Insurance Practices Act (40 P. S. §§
													1151-1162) or this chapter.
(c) The General Compliance Standards applies
						to advertisements related to insurance. In addition to the General Compliance
						Standards, the Specific Compliance Standards applies to the type of insurance
						enumerated.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart E - Advertising of Insurance › Chapter 51 - GENERAL PROVISIONS › Subchapter B - COMPLIANCE STANDARDS › GENERAL COMPLIANCE STANDARDS › Section 51.21 - Form and content of advertisements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The format and content of an advertisement of an insurance contract shall be
						sufficiently complete and clear to avoid deception or the capacity or tendency
						to mislead or deceive. Whether an advertisement has a capacity or tendency to
						mislead or deceive shall be determined by the Commissioner of Insurance from
						the overall impression that the advertisement may be reasonably expected to
						create upon a person of average education or intelligence, within the segment
						of the public to which it is directed.
(b) Advertisements shall be truthful and not
						misleading in fact or in implication.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart E - Advertising of Insurance › Chapter 51 - GENERAL PROVISIONS › Subchapter B - COMPLIANCE STANDARDS › GENERAL COMPLIANCE STANDARDS › Section 51.22 - Misleading or deceptive statements

Current through Register Vol. 54, No. 28, July 13, 2024
An advertisement may not be used which because of
						  phrases, statements, references or illustrations therein or information omitted
						  therefrom, has the capacity, tendency or effect of misleading or deceiving
						  purchasers or prospective purchasers as to the nature or extent of any contract
						  benefit payable, loss covered or premium payable. These standards apply
						  notwithstanding the fact that the contract offered is made available to a
						  prospective insured for inspection prior to the consummation of the sale, or
						  that an offer is made to refund the premium if the purchaser is not
						  satisfied.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart E - Advertising of Insurance › Chapter 51 - GENERAL PROVISIONS › Subchapter B - COMPLIANCE STANDARDS › GENERAL COMPLIANCE STANDARDS › Section 51.23 - Unclear statements

Current through Register Vol. 54, No. 28, July 13, 2024
An advertisement may not be used which contains words
						  or phrases, the meaning or understanding of which may not be reasonably
						  comprehended by the segment of the general public to which it is
						  directed.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart E - Advertising of Insurance › Chapter 51 - GENERAL PROVISIONS › Subchapter B - COMPLIANCE STANDARDS › GENERAL COMPLIANCE STANDARDS › Section 51.24 - Inadequate disclosures

Current through Register Vol. 54, No. 28, July 13, 2024
An advertisement may not be used which refers to a
						  specific benefit payable under a particular contract, the cost of a particular
						  contract or another specific term or condition of a particular contract,
						  without appropriately disclosing exceptions, reductions, limitations or other
						  restricting provisions affecting the basic provisions of the contract without
						  which the advertisement would have the capacity or tendency to mislead or
						  deceive.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart E - Advertising of Insurance › Chapter 51 - GENERAL PROVISIONS › Subchapter B - COMPLIANCE STANDARDS › GENERAL COMPLIANCE STANDARDS › Section 51.25 - Medical examination

Current through Register Vol. 54, No. 28, July 13, 2024
An advertisement may not represent or imply that a
						  medical examination is not required, without disclosing conditions pertaining
						  to or involving the health of the insured, if the conditions might prevent the
						  contract from being issued or the insured from receiving any or full benefits
						  under the contract.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart E - Advertising of Insurance › Chapter 51 - GENERAL PROVISIONS › Subchapter B - COMPLIANCE STANDARDS › GENERAL COMPLIANCE STANDARDS › Section 51.26 - Group or quasi-group implications

Current through Register Vol. 54, No. 28, July 13, 2024
An advertisement may not falsely represent or imply
						  that prospective insureds become group or quasi-group members and as such enjoy
						  special rates or underwriting privileges.
Pennsylvania Code › Title 31 - INSURANCE › Part I - General Provisions › Subpart E - Advertising of Insurance › Chapter 51 - GENERAL PROVISIONS › Subchapter B - COMPLIANCE STANDARDS › GENERAL COMPLIANCE STANDARDS › Section 51.27 - Renewability or cancellability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						advertisement may not represent or imply that a contract may be continued in
						effect indefinitely or for a period of time, when the contract contains
						provisions for nonrenewal or cancellation by the company, or may be terminated
						under any circumstances over which the insured has no control, during the
						period of time represented.
(b) An
						advertisement which refers to renewability, cancellability or termination of a
						contract shall disclose provisions or qualifying conditions relating to
						renewability, cancellability and termination and may not minimize or render
						obscure applicable modification of benefits, coverage or premiums which may
						result for any reason.