reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0001 - Insurance Agents Examiners, Board of › Chapter 2 - DUTIES OF OFFICERS › Section 2-1 - President

Current through July 13, 2024
The President shall, when present, preside at all meetings,
				  appoint all Committees subject to confirmation of the Board, sign all
				  certificates issued, sign all vouchers, and perform all other duties pertaining
				  to his office as hereinafter prescribed.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0001 - Insurance Agents Examiners, Board of › Chapter 2 - DUTIES OF OFFICERS › Section 2-3 - Secretary-Treasurer

Current through July 13, 2024
The Secretary-Treasurer shall., with the assistance of such
				  clerical help as may be required, conduct and care for all the correspondence
				  of the Board, keep the minutes of all the meetings, keep all books and records
				  as herein or hereinafter provided, and shall sign all certificates issued. He
				  shall be in possession of the official seal and shall affix the same to all
				  certificates and other official documents by order of the Board. He shall
				  provide due notice of the time and place of all meetings of the Board to each
				  member of the Board. He shall annually, immediately after the 30th of November,
				  prepare the annual report of the Board as required by law and shall cause the
				  same to be distributed as the Board may direct. He shall receive all moneys
				  payable to the Board and deposit them with the Treasurer of the State, taking
				  his receipt therefor.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0001 - Insurance Agents Examiners, Board of › Chapter 3 - PROCEDURE › Section 3-1 - Order of Business

Current through July 13, 2024
a. Call to
				order
b. Reading of the
				minutes
c. Matters regarding
				applicants for examinations
d.
				Matters regarding examinations
e.
				Reading of Committee and other reports
f. Reading of Communications
g. Unfinished business
h. New business
i. Election of officers
j. Adjournment
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0001 - Insurance Agents Examiners, Board of › Chapter 3 - PROCEDURE › Section 3-3 - Finance

Current through July 13, 2024
All moneys shall be paid out as provided by the laws of the
				  State. All vouchers shall be signed by the President and the Secretary of the
				  Board, and the Secretary shall then present them to the State Auditor for
				  payment. The Auditor's warrants shall be returned to the Secretary for
				  recording in the financial record of the Board and the Secretary shall then
				  distribute them.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0001 - Insurance Agents Examiners, Board of › Chapter 3 - PROCEDURE › Section 3-4 - Books and Records

Current through July 13, 2024
The following books and records shall constitute the
				  official books and records of the Board:
a. Individual file envelopes or folders for
				each applicant to contain his examination paper, proctor's report on his
				examination and other papers pertaining to him. It shall reflect examinations
				taken by him, grades received and certifications made as to him.
b. Journal containing a chronological history
				of proceedings and actions taken by and on behalf of the Board in connection
				with examinations.
c. Examination
				file containing copies of approved examinations and examination questions to be
				furnished proctors.
d. Minute Book
				containing in proper order the minutes of the Board.
e. Cash Book showing receipts and
				disbursements.
f. Receipt Book
				containing copies of receipts for money received.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0001 - Insurance Agents Examiners, Board of › Chapter 4 - EXAMINATIONS › Section 4-1 - Kinds and Types

Current through July 13, 2024
Separate examinations shall be given to applicants wishing to
				  qualify for the following types or kinds of insurance transactions:
a. Life Insurance and Annuities
b. Accident and Health
c. Automobile Physical Damage, including
(1) Comprehensive (fire, theft, combined
				additional. )
(2)
				Collision
(3) Towing and Road
				Service
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0001 - Insurance Agents Examiners, Board of › Chapter 4 - EXAMINATIONS › Section 4-2 - Manual

Current through July 13, 2024
The Board shall from time to time make, select and designate
				  the questions to be considered in said examinations. It shall cause the
				  questions, together with the answers thereto, to be published in a printed
				  manual. The manual shall be made available to applicants for the nominal price
				  of $3.00, plus tax and mailing charge where required. From said question, the
				  Board shall, from time to time 2 select and prepare said examinations. It shall
				  also at the same times prepare an answer chart for said examinations which
				  shall contain the answers to the examination questions for use of the
				  graders.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0001 - Insurance Agents Examiners, Board of › Chapter 4 - EXAMINATIONS › Section 4-3 - Proctors

Current through July 13, 2024
The Board shall select and designate sufficient proctors to
				  administer the examination to applicants. The Board shall select and designate
				  sufficient graders to grade the examinations under its direction and in
				  accordance with its answer chart.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0001 - Insurance Agents Examiners, Board of › Chapter 4 - EXAMINATIONS › Section 4-4 - Places and Times

Current through July 13, 2024
An opportunity shall be afforded for each applicant to take
				  examinations at the county seat on the first Tuesday of each month and at the
				  Insurance Commissioner's office in Cheyenne on each Tuesday. If the date
				  scheduled for an examination be a legal holiday, said examination shall be
				  given on the next day.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0001 - Insurance Agents Examiners, Board of › Chapter 4 - EXAMINATIONS › Section 4-5 - Applications

Current through July 13, 2024
Any person wishing to take an examination shall make
				  application therefore on the approved form (See Appendix A). The application
				  shall be submitted to the Board together with the $10.00 examination fee
				  (checks payable to Board). The Board shall then notify the applicant and the
				  designated proctor of the time and place for examination and shall furnish the
				  proctor with the examination questions. The proctor will administer the
				  examination in accordance with directions of the Board and will thereafter
				  return all papers to the Board, together with his report on the examination
				  (See Appendix B).
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0001 - Insurance Agents Examiners, Board of › Chapter 4 - EXAMINATIONS › Section 4-6 - Grading

Current through July 13, 2024
All examination papers shall be graded immediately by a
				  member of the Board or a grader under direction of the Board and in accordance
				  with the answer chart prepared by the Board.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0001 - Insurance Agents Examiners, Board of › Chapter 4 - EXAMINATIONS › Section 4-7 - Passing Grades

Current through July 13, 2024
The Board shall notify each applicant of the grade he
				  received. A grade of 75% proficiency is required to pass the examination. The
				  Board shall immediately certify to the Insurance Commissioner the name of each
				  applicant passing an examination, together with the type and kind of insurance
				  with which he intends to concern himself (See Appendix C).
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0001 - Insurance Agents Examiners, Board of › Chapter 4 - EXAMINATIONS › Section 4-8 - Re-examination

Current through July 13, 2024
There is no limit on the number of times an applicant may
				  retake an examination, but he must pay a $10.00 examination fee for each time
				  he takes the examination.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0001 - Insurance Agents Examiners, Board of › Chapter 5 - HEARINGS FRAUD OR DECEPTION › Section 5-1

Current through July 13, 2024
If information comes to the attention of any Board member
				  which indicates that fraud or deception was involved in any application for a
				  license or in the passage of any examination given by the Board, he shall place
				  the information before the Board at the next meeting of the Board. The Board
				  shall thereafter obtain and receive evidence on the matter in the form of
				  affidavits or sworn testimony and shall therefrom determine whether or not the
				  information is correct. If the Board finds that fraud or deception was involved
				  in the application for a license or in the taking of the examination, the Board
				  shall refuse to certify for any license to the person using or engaging in said
				  fraud or deception; and, if a license has theretofore been issued to said
				  person, the Board shall revoke said license. Thereafter the Board shall certify
				  the action taken to the Insurance Commissioner.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0001 - Insurance Agents Examiners, Board of › Chapter 6 - EFFECTIVE DATE AND AMENDMENTS › Appendix B - Proctor's Signature FROM THE

Current through July 13, 2024
BOARD OF INSURANCE AGENTS EXAMINERS
TO THE
INSURANCE COMMISSIONER
STATE OF WYOMING
THIS IS TO CERTIFY THAT
............................................................... ___ - - ----- -
				  -- -
has satisfactorily passed a written examination set forth by
				  Enrolled Act No. 149 emanating from the Senate of the 36th Legislature of the
				  State of Wyoming. The above is qualified to sell the following types of
BOARD OF INSURANCE AGENTS EXAMINERS
President
Secretary-Treasurer
Date:
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 1 - AUTHORITY › Section 1-1 - Duties and Powers of Commissioner

Current through July 13, 2024
The Insurance Commissioner, pursuant to Section
										26-2-110, Insurance Code of Wyoming, has the
				  power to make all reasonable rules and regulations necessary to enforce the
				  laws of this state relating to the business of insurance.
STATEMENT OF PRINCIPAL REASONS
FOR
Amendments to Chapter 1 of Wyoming Insurance Department
				  Regulation
Authority
The only amendments to this Chapter, entitled
Authority
, are to change the chapter numbering and the
				  chapter pagination.
Presently the Chapter is designated by
				  the
Roman
number symbol
"I."
It will be
				  amended to be designated by the
Arabic
number symbol
"1"
Pagination of the chapter will be amended from the present
				  continuous and sequential numbering from chapter-to-chapter, to
				  chapter-specific numbering. As an example, each page will be designated first
				  by a chapter number and then page number, as in 1-1, etc. Amending the method
				  by which the pages are numbered will allow for simpler amendments in the
				  future, and for easier reader identification of the chapter and pages with
				  which they are concerned.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 2 - FUNERAL CONTRACT TRUST FUNDS › Section 2-1 - Authority

Current through July 13, 2024
These rules promulgated by the Insurance Commissioner
				  pursuant to W.S. 26-152 shall be effective 3 June 1977, and with amendments,
				  supersede all previous instructions and regulations.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 2 - FUNERAL CONTRACT TRUST FUNDS › Section 2-3 - Deposit of Funds with Depository

Current through July 13, 2024
Not less than 100% of all funds received by the contract
				  seller shall be deposited in the depository or otherwise invested pursuant to
				  Section 4 of these regulations within thirty days after receipt thereof by a
				  contract seller. Such funds shall be deposited under the terms of a depository
				  agreement in a form to be approved by the insurance commissioner. Such funds
				  deposited shall be held pursuant to the provisions of this article. The
				  contract seller, at the time of each deposit of funds, shall make a record of
				  the name of each contract buyer and the amount of the payment made by the
				  contract buyer for which deposit is then being made, and shall keep such
				  record, as to each contract buyer, until three years after the death of the
				  decedent.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 2 - FUNERAL CONTRACT TRUST FUNDS › Section 2-4 - Investments

Current through July 13, 2024
The contract seller shall limit his deposits after 1 July
				  1979 to obligations of the United States of America or of any states thereof;
				  obligations and stock of federal government agencies; demand deposits, savings
				  accounts, certificates of deposit, or shares of savings and loan associations,
				  provided that the contract seller may invest, notwithstanding the limitations
				  of this section, funds in an amount not to exceed in the aggregate the amount
				  of the seller's bond posted in accordance with Section 10 of these rules, in
				  such types of investments which men of prudence, discretion and intelligence
				  would acquire or retain for their own account. Nothing herein shall affect the
				  validity of any investment made prior to the effective date of this section.
				  The contract seller shall be strictly accountable for the corpus of the funds
				  to the contract buyer. Any checking account, savings account, certificate of
				  deposit or other evidence of investment for credit jointly held in the names of
				  a person (as defined in these regulations) and a licensed embalmer, undertaker,
				  funeral director or other person regularly engaged in selling or furnishing
				  funeral supplies or services (which include any embalming; caskets, cemetery
				  lots, plots, niches, crypts, vaults, markers; cremations or any other thing
				  incident to the ultimate disposal of dead bodies) shall be conclusively
				  presumed to have with it an underlying contract which specifically provides for
				  said services, and shall be construed to be part of a pre-need contract (as
				  defined herein) and subject to these regulations.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 2 - FUNERAL CONTRACT TRUST FUNDS › Section 2-5 - License to Accept Funds, Application, Records, Annual Report, Investigation of Records

Current through July 13, 2024
(a)
(1) No contract seller or agent shall accept
				any funds without first securing from the commissioner a license to accept
				funds. Application for license shall be in writing, signed by the applicant and
				duly verified on forms furnished by the commissioner. Each application shall
				contain at least the following information:
(2) The full name and address (both residence
				and place of business) of the applicant and every member, officer, and director
				thereof, if the applicant is a firm, partnership, association or corporation;
(3) A detailed statement of the
				applicant's assets and liabilities.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 2 - FUNERAL CONTRACT TRUST FUNDS › Section 2-6 - Assets, Income of Depository Funds

Current through July 13, 2024
Income from deposits shall inure to the benefit of the
				  contract seller and may be withdrawn by him so long as the corpus of the
				  deposit remains intact. (Section) 7 Annual report.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 2 - FUNERAL CONTRACT TRUST FUNDS › Section 2-7 - Annual Report

Current through July 13, 2024
Each contract seller shall file an annual report with the
				  commissioner on or before March 1st of each year, in such form as the
				  commissioner may require, stating the names of the depositories with which it
				  has funds on deposit and the amount remaining on deposit in the fund on the
				  preceding December 31st or such other annual and reporting period as the
				  commissioner may establish. Any contract seller which has discontinued the sale
				  of contracts but which still has outstanding contracts shall, nevertheless be
				  required to obtain a renewal of its license, and shall continue to make annual
				  reports to the commissioner until all such contracts have been fully performed
				  by it.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 2 - FUNERAL CONTRACT TRUST FUNDS › Section 2-9 - Disbursements by Depositories

Current through July 13, 2024
Disbursements of depository funds discharging any contract
				  shall be made by the depository upon receipt of a document signed by the
				  contract seller verifying that the contract has been fully performed, or is in
				  default or a receipt signed by the contract buyer or his heirs or assigns
				  discharging the contract seller from further obligations under the
				  contract.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 2 - FUNERAL CONTRACT TRUST FUNDS › Section 2-10 - Seller's Bond

Current through July 13, 2024
Every contract seller shall post with the insurance
				  commissioner a surety bond in an amount of not less than five percent (5%) of
				  all amounts received from all contract buyers or their representatives, whether
				  deposited or invested, such amount to be determined as of the December 31st of
				  the year next preceding, or such greater amount which the contract seller may
				  wish to post, but in no event less than $10,000. The amount of such bond may
				  not be reduced without the prior written approval of the commissioner. The
				  State of Wyoming shall be named as the obligee in such bond for the benefit of
				  the contract buyers, their heirs, legatees or assigns who are damaged by the
				  loss of any monies paid to the contract seller after their receipt by the
				  contract seller. This bond may consist of cash, demand deposits, savings
				  accounts, certificates of deposit or a corporate surety bond or other such
				  security as the insurance commissioner shall require.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 2 - FUNERAL CONTRACT TRUST FUNDS › Section 2-11 - License of Agent

Current through July 13, 2024
No agent shall sell contracts in this state without first
				  obtaining from the commissioner a license so to do and paying ten dollars as
				  fee for such license. The commissioner shall not issue such license without
				  requiring an applicant for the license to make proof of good moral character by
				  presenting with his application affidavits from his employer stating that to
				  the employer's best information, knowledge and belief, the applicant is of good
				  moral character. The acts of the agent shall be deemed acts of the employer.
				  The commissioner shall require the applicant to pass a written examination
				  sufficient to ascertain the applicant's knowledge of the industry and the
				  provisions of this article.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 2 - FUNERAL CONTRACT TRUST FUNDS › Section 2-12 - Revocation of License

Current through July 13, 2024
The commissioner upon ten day's written notice to the license
				  by registered mail stating the contemplated action and the grounds therefore,
				  and upon reasonable opportunity to be heard, and shall revoke any license if he
				  finds that:
(a) The licensee has failed
				to pay the annual license fee;
(b)
				The licensee, either knowingly or without the exercise of due care to prevent
				the same, has violated any provision of this article, or any regulation or
				order lawfully made pursuant to and within the authority of this article;
(c) The licensee has violated any
				provision of W.S. 26.1-196(a).
(d)
				Any fact or condition exists at the time of the proposed revocation which, if
				it had existed at the time of the original application for such license,
				clearly would have justified the commissioner in refusing originally to issue
				such license.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 2 - FUNERAL CONTRACT TRUST FUNDS › Section 2-13 - Suspension of License - Notice of Revocation, Suspension

Current through July 13, 2024
(a)
				If the commissioner finds that probable cause for revocation of any license
				exists and that enforcement of this article requires immediate suspension of
				such license pending investigation, upon three days' notice by certified mail
				and a hearing, he may enter an order suspending such license for a period not
				exceeding thirty days.
(b) Whenever
				the commissioner shall revoke or suspend a license, he shall enter an order to
				that effect and forthwith in writing notify the licensee of such revocation or
				suspension by certified mail, which notice shall state the grounds
				therefor.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 2 - FUNERAL CONTRACT TRUST FUNDS › Section 2-14 - Surrender of License

Current through July 13, 2024
Any licensee may surrender any license by delivering it to
				  the commissioner with written notice of its surrender, but such surrender shall
				  not affect his civil or criminal liability for acts committed prior
				  thereto.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 2 - FUNERAL CONTRACT TRUST FUNDS › Section 2-15 - Default

Current through July 13, 2024
As used herein, default shall be construed as failure to
				  perform after written notice from the other party plus thirty days. Proof of
				  mailing shall constitute proof of notice.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 2 - FUNERAL CONTRACT TRUST FUNDS › Section 2-16 - Reinstatement of License

Current through July 13, 2024
The commissioner may reinstate suspended licenses or issue a
				  new license to a person whose license has been revoked, if no fact or condition
				  then exists which clearly would have justified the commissioner in refusing
				  originally to issue such license.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 2 - FUNERAL CONTRACT TRUST FUNDS › Section 2-17 - Violation

Current through July 13, 2024
Every individual who shall violate any of the provisions of
				  this article, or make any false and fraudulent report required under the
				  provisions of this article, shall be punishable in accordance with W.S.
				  26.1-15.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 2 - FUNERAL CONTRACT TRUST FUNDS › Section 2-18 - Immunity from Prosecution

Current through July 13, 2024
(a) If any person
				shall ask to be excused from attending or testifying or from producing any
				books, papers, records, correspondence or other documents at any hearing on the
				grounds that the testimony or evidence required of him may tend to incriminate
				him or subject him to a penalty or forfeiture, and notwithstanding shall be
				directed to give such testimony or produce such evidence, he must nonetheless
				comply with such direction; but he shall not thereafter be prosecuted or
				subjected to any penalty or forfeiture for or on account of any transaction,
				matter or thing concerning which he may testify or produce evidence pursuant
				thereto; and no testimony so given or evidence produced shall be received
				against him upon any criminal action, investigation or proceeding.
(b) No such individual so testifying shall be
				exempt from prosecution or punishment for any perjury committed by him while so
				testifying and the testimony or evidence so given or produced shall be
				admissible against him upon any criminal action, investigation or proceeding
				concerning such perjury, nor shall he be exempt from the refusal, revocation or
				suspension of any license, permission or authority conferred, or to be
				conferred, pursuant to the laws of this state.
(c) Any such individual may execute,
				acknowledge and file in the office of the commissioner a statement expressly
				waiving such immunity or privilege in respect to any transaction, matter or
				thing specified in such statement and thereupon the testimony of such person or
				such evidence in relation to such transaction, matter or thing may be received
				or produced before any judge or justice, court, tribunal, grand jury or
				otherwise, and if so received or produced, such individual shall not be
				entitled to any immunity or privilege on account of any testimony he may so
				give or evidence so produced.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 2 - FUNERAL CONTRACT TRUST FUNDS › Section 2-19 - Licensing Procedure Laws Applicable - When

Current through July 13, 2024
All procedures for the issuance, suspension, or revocation of
				  licenses shall be pursuant to the Wyoming Insurance Code, the Wyoming
				  Administrative Procedure Act and the rules of the Wyoming Insurance
				  Department.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 2 - FUNERAL CONTRACT TRUST FUNDS › Section 2-20 - Severability Clause

Current through July 13, 2024
If any of the rules and regulations contained herein dealing
				  with a pre-need funeral or burial contract or the application thereof to any
				  person or circumstances are held invalid, the invalidity shall not affect other
				  provisions or application of these rules and regulations which can be given
				  effect without the invalid provision or application, and to this end these
				  rules and regulations are severable.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 2 - FUNERAL CONTRACT TRUST FUNDS › Section 2-21 - Repealer

Current through July 13, 2024
The regulations of 7 February 1973 relating to pre-need
				  funeral contracts (Funeral Contract Trust Funds) are repealed as of the
				  effective date of these regulations.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 3 - REGULATIONS GOVERNING THE TRANSACTION OF CONTROLLED BUSINESS BY TITLE INSURERS AND TITLE AGENTS › Section 3-1 - Authority

Current through July 13, 2024
These regulations governing the transaction of controlled
				  business by title insurers and title agents supplement the provisions of W.S.
				  §
									
										26-23-301, et seq. They are promulgated by
				  the authority of and pursuant to the Wyoming Administrative Procedure Act, W.S.
				  §§
									
										16-3-101 through
				  16-3-115, W.S. §
									
										26-23-333 and W.S. §
									
										26-2-110.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 3 - REGULATIONS GOVERNING THE TRANSACTION OF CONTROLLED BUSINESS BY TITLE INSURERS AND TITLE AGENTS › Section 3-3 - Disclosure by Producer of Controlled Business

Current through July 13, 2024
Title insurers or agents may not transact any business for
				  title insurance or title services if they know or have reason to believe that
				  the insurance referral involves controlled business unless fully disclosed to
				  the buyer, seller, or lender. The disclosure must be made by the producer or
				  the producer's associate in writing on forms prescribed by the commissioner.
				  The title insurer or agent shall maintain the disclosure forms for a period of
				  five (5) years.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 3 - REGULATIONS GOVERNING THE TRANSACTION OF CONTROLLED BUSINESS BY TITLE INSURERS AND TITLE AGENTS › Section 3-4 - Forms Showing Financial Interest to Be Filed with Commissioner

Current through July 13, 2024
Each title insurer and title agent shall file with the
				  commissioner, on forms prescribed by the commissioner, reports setting forth
				  the names and addresses of those persons, if any, who have had a financial
				  interest in the title insurer or title agent during the calendar year, who are
				  known or reasonably believed by the title insurer or title agent to be
				  producers or the producer's associates of title business.
(a) Each title insurer shall file the report
				required under this section with its application for a license, and upon
				renewal by March 1.
(b) Each title
				agent shall file the report required under this section upon initial
				application, and annually upon license renewal. An updated report shall be
				filed any time the information provided in the last report has
				changed.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 3 - REGULATIONS GOVERNING THE TRANSACTION OF CONTROLLED BUSINESS BY TITLE INSURERS AND TITLE AGENTS › Section 3-5 - Restrictions upon the Writing of Controlled Business

Current through July 13, 2024
No title insurer or title agent may accept an order for title
				  insurance business, issue a title insurance policy, receive or retain any
				  premium or charge in connection with any title insurance transaction if
(a) The title insurer or title agent knows or
				has reason to believe that the transaction will constitute controlled business
				for that title insurer or title agent, and
(b) Twenty-five percent (25%) or more of the
				gross operating revenue of that title insurer or title agent in the calendar
				year in which the transaction takes place is derived from controlled
				business.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 3 - REGULATIONS GOVERNING THE TRANSACTION OF CONTROLLED BUSINESS BY TITLE INSURERS AND TITLE AGENTS › Section 3-6 - Exemption

Current through July 13, 2024
The restrictions imposed by these regulations shall not apply
				  to any producer or associate who, on or before October 28, 1983, a financial
				  interest in any title insurer or title agent to which business is referred and
				  no additional financial interest in any title insurer or title agency has since
				  been acquired.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 3 - REGULATIONS GOVERNING THE TRANSACTION OF CONTROLLED BUSINESS BY TITLE INSURERS AND TITLE AGENTS › Section 3-8 - Exemption

Current through July 13, 2024
The restrictions imposed by these regulations on the writing
				  of controlled business shall not apply to any producer or associate who, on the
				  effective date of these regulations, has a financial interest in any title
				  insurer or title agent to which business is referred provided, however, that no
				  such producer or associate is permitted to acquire any additional financial
				  interest in any title insurer or title agency.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 3 - REGULATIONS GOVERNING THE TRANSACTION OF CONTROLLED BUSINESS BY TITLE INSURERS AND TITLE AGENTS › Section 3-9 - Percentage Limitation in First Calendar Year

Current through July 13, 2024
For purposes of Section 7 of these regulations, the
				  percentage limitation set forth in "ii" of Section 7 shall be fifty percent
				  (50%) in the first calendar year after the effective date of these regulations
				  and twenty-five percent (25%) in any later calendar year.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 3 - REGULATIONS GOVERNING THE TRANSACTION OF CONTROLLED BUSINESS BY TITLE INSURERS AND TITLE AGENTS › Section 3-10 - Effect upon License or Certificate of Authority for Violation of These Regulations

Current through July 13, 2024
No license or certificate of authority may be issued, renewed
				  or continued for a title insurer or title agent who fails to comply with these
				  regulations.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 4 - THIRD-PARTY ADMINISTRATORS › Section 4-1 - Authority

Current through July 13, 2024
These regulations governing business relationships with
				  administrators supplement the provisions of W.S. §§
									26-1-102(a)(xxx),
				  26-1-103,
				  26-2-109,
				  26-2-110,
				  26-2-116
				  through 26-2124,
				  26-53-101
et seq.,
the Wyoming Administrative Procedures Act (W.S.
				  §§
									16-3-101
				  through
				  16-3-115),
				  and all other applicable provisions of the Wyoming Insurance Code [title
				  26].
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 4 - THIRD-PARTY ADMINISTRATORS › Section 4-2 - Definitions

Current through July 13, 2024
For purposes of this chapter:
(a) "Affiliate" or "affiliated" means a
				person who directly or indirectly through one or more intermediaries, controls
				or is controlled by, or is under common control with, another specified
				person.
(b) "Entity" means a
				corporation, association, partnership, limited liability company or other legal
				entity that is not an individual.
(c) "Collateral" means funds, letters of
				credit or any item with economic value owned by the payor but held by an entity
				or Third Party Administrator (TPA) in case it needs to be used to fulfill
				premium, plan contributions, or loss reimbursement obligations in accordance
				with a contract between the entity or TPA and the payor. "Collateral" shall
				include anticipated loss prepayments made prior to the payment of losses,
				pursuant to arrangements where reimbursement is not due until after losses have
				been paid.
(d) "Control" (including
				the terms "controlled by" and "under common control with") means the
				possession, direct or indirect, of the power to direct or cause the direction
				of the management and policies of a person, whether through the ownership of
				voting securities, by contract other than a commercial contract for goods or
				non-management services, or otherwise, unless the power is the result of an
				official position with or corporate office held by the person. Control shall be
				presumed to exist if any person, directly or indirectly, owns, controls, holds
				with the power to vote, or holds proxies representing, ten percent (10%) or
				more of the voting securities of any other person. This presumption may be
				rebutted by a showing made in the manner provided by W.S. §
									26-44-104
				that control does not exist in fact.
(e) "GAAP" means United States generally
				accepted accounting principles consistently applied.
(f) "Payor" means an entity that is required
				to be licensed or registered under the Wyoming insurance code [title
				26].
(g) "Stop-loss insurance"
				means insurance protecting an employer, trust, or other person responsible for
				an otherwise self-insured health or life benefit plan against obligations under
				the plan, but "stop-loss insurance" does not include reinsurance written for an
				insurance company.
(h) "Third party
				administrator" or "TPA" is defined pursuant to W.S. §
									26-53-101(a)(i).
(i) "Underwrites" or "underwriting" means,
				but is not limited to, the acceptance of employer or individual applications
				for coverage of individuals and the overall planning and coordination of a
				benefits program.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 4 - THIRD-PARTY ADMINISTRATORS › Section 4-4 - Payment to a TPA

Current through July 13, 2024
If an entity utilizes the services of a TPA, any premiums,
				  plan contributions, or charges for coverage paid to the TPA by or on behalf of
				  the covered party, or any collateral furnished to the TPA by or on behalf of
				  the covered party, shall be deemed to have been received by the entity, and the
				  return of collateral, contributions, or the payment of return premiums, plan
				  contributions, or claim payments forwarded by the entity to the TPA shall not
				  be deemed to have been paid to the covered party or claimant until the payments
				  are received by the covered party or claimant. Nothing in this section limits
				  any right of the entity against the TPA resulting from the failure of the TPA
				  to make payments to the entity, covered parties or claimants.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 4 - THIRD-PARTY ADMINISTRATORS › Section 4-5 - Maintenance of Information

Current through July 13, 2024
(a) A TPA shall maintain and make available
				to the payor complete books and records of all transactions performed on behalf
				of the payor. The books and records shall be maintained in accordance with
				prudent standards of insurance record keeping and shall be maintained for a
				period of not less than five (5) years from the date of their
				creation.
(b) The commissioner
				shall have access to books and records maintained by a TPA for the purposes of
				examination, audit and inspection.
(c) Neither the commissioner nor any person
				who receives documents, materials or other information while acting under the
				authority of the commissioner shall be permitted or required to testify in any
				private civil action concerning confidential documents, materials, or
				information subject to subsection (b) of this section.
(d) In order to assist in the performance of
				their duties, the commissioner may share or receive documents, materials or
				other information pursuant to W. S. §
									26-2-113(d).
(e) No waiver of any applicable privilege or
				claim of confidentiality in the documents, materials or information shall occur
				as a result of disclosure to the commissioner under this section or as a result
				of sharing as authorized in subsection (d) of this section.
(f) Nothing in this chapter shall prohibit
				the commissioner from releasing final, adjudicated actions including for cause
				terminations that are open to public inspection pursuant to W.S. §
									16-4-201
et seq.
to a database or other clearinghouse service
				maintained by the National Association of Insurance Commissioners, its
				affiliates or subsidiaries.
(g)
				Notwithstanding any contractual agreements between the payor and the TPA that
				operate to the contrary, the TPA shall retain the right to sufficient
				continuing access to books and records to permit the TPA to fulfill all of its
				contractual obligations to insured parties, claimants, and the payor.
(h) In the event the payor or the TPA cancel
				their agreement; notwithstanding the provisions of subsection (a) of this
				section, the TPA may, by written agreement with the payor, transfer all records
				to a new TPA rather than retain them for five (5) years. In such cases, the new
				TPA shall acknowledge, in writing, that it is responsible for retaining the
				records of the prior TPA as required in subsection (a) of this
				section.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 4 - THIRD-PARTY ADMINISTRATORS › Section 4-6 - Entity Approval of Advertising

Current through July 13, 2024
A TPA that advertises on behalf of an entity may only use
				  advertising that has been approved in writing by the entity in advance of its
				  use. A TPA that mentions any current or formerly contracted entity in its
				  advertising must obtain the entity's prior written consent.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 4 - THIRD-PARTY ADMINISTRATORS › Section 4-7 - Responsibilities of the Payor and TPA

Current through July 13, 2024
(a) No TPA shall act as such without a
				written agreement between the TPA and the payor. A copy of the agreement shall
				be retained by the TPA for the duration of the agreement and for five (5) years
				thereafter. The agreement shall contain all provisions required by this
				section, except insofar as the TPA does not perform all of the functions
				referenced in this section.
(b) A
				payor that utilizes the services of a TPA shall retain responsibility for the
				benefits, premium rates, plan contribution amounts, collateral and
				reimbursement procedures, underwriting criteria and claims payment procedures
				applicable to the coverage and for securing reinsurance or stop-loss insurance,
				if any. The rules pertaining to these matters, to the extent that they are
				relevant to the duties of the TPA, shall be agreed to in writing by the payor
				and the TPA.
(c) A payor utilizing
				the services of a TPA is responsible for the acts of the TPA and is responsible
				for providing, upon request of the commissioner, any books and records relevant
				to its relationship with the TPA.
(d) The written agreement between the TPA and
				the payor shall provide that communications between the TPA and claimants shall
				avoid deceptive statements with regard to the responsibilities of the TPA,
				payor and any entity with regard to claims, premiums, or plan
				contributions.
(e) In the event of
				a dispute between the payor and the TPA regarding which of them is to fulfill a
				lawful obligation with respect to a policy, certificate or claim subject to the
				written agreement, the payor shall fulfill such obligation.
(f) The payor has the duty to provide for
				competent administration of its programs administered by a TPA and within the
				scope of this chapter.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 4 - THIRD-PARTY ADMINISTRATORS › Section 4-8 - Fiduciary Responsibilities and Payment of Claims

Current through July 13, 2024
(a) All monies or collateral collected by a
				TPA on behalf of or for a payor, the return of monies or collateral received
				from a payor, and any funds held by the TPA for the payment of claims, shall be
				held by the TPA in a fiduciary capacity. Funds shall be immediately remitted to
				the person entitled to them or shall be deposited promptly in a fiduciary
				account established and maintained by the TPA in a federally insured financial
				institution. The TPA shall render an accounting to the payor, at intervals
				acceptable to the payor, detailing all transactions performed by the TPA
				pertaining to the business of the payor, and the written agreement between the
				payor and the TPA shall include the specifications of this reporting.
(b) The TPA shall keep copies of all records
				of any fiduciary account maintained or controlled by the TPA, and, upon request
				of a payor, shall furnish the payor with copies of the records pertaining to
				the deposits and withdrawals made on behalf of the payor. If funds deposited in
				a fiduciary account have been collected on behalf of or for more than one
				payor, or for the payment of claims associated with more than one policy, the
				TPA shall keep records clearly recording the deposits in and withdrawals from
				the account on behalf of each payor and relating to each
				policyholder.
(c) The TPA shall not
				pay any claim by withdrawals from a fiduciary account in which premiums, plan
				contributions, or charges are deposited. Withdrawals from a fiduciary account
				shall be made as provided in the written agreement between the TPA and the
				payor, and only for the following purposes:
(i) Remittance to a payor entitled to
				remittance;
(ii) Deposit in an
				account maintained in the name of the payor;
(iii) Transfer to and deposit in a
				claims-paying account, with claims to be paid as provided in subsection (d) of
				this section;
(iv) Payment to a
				group policyholder for remittance to the payor entitled to such
				remittance;
(v) Payment to the TPA
				of its earned commissions, fees or charges;
(vi) Remittance of return premium or plan
				contributions to the person or persons entitled to such return premium or plan
				contributions; and
(vii) Payment to
				other service providers as authorized by the payor.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 4 - THIRD-PARTY ADMINISTRATORS › Section 4-9 - Compensation to the TPA

Current through July 13, 2024
(a) A TPA shall not enter into an agreement
				or understanding with a payor in which the effect is to make the amount of the
				TPA's commissions, fees, or charges contingent upon savings effected in the
				payment of losses covered by the payor's obligations. This provision shall not
				prohibit a TPA from receiving performance-based compensation for providing
				hospital or other auditing services, from providing managed care or related
				services, or from being compensated for subrogation expenses.
(b) A payor shall not enter into an agreement
				with a TPA in violation of this section.
(c) This section shall not prevent the
				compensation of a TPA from being based on premiums, plan contributions, or
				charges collected or the number of claims paid or processed.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 4 - THIRD-PARTY ADMINISTRATORS › Section 4-10 - Disclosure of Charges and Fees

Current through July 13, 2024
(a) When a TPA collects funds, the reason for
				collection of each item shall be identified to the insured party and each item
				shall be shown separately from any premiums or plan contributions. Additional
				charges may not be made for services to the extent the services have been
				already paid for by the payor.
(b)
				The TPA shall disclose to the payor all charges, fees and commissions that the
				TPA receives arising from services it provides for the payor, including any
				fees or commissions paid by payors providing reinsurance or stop-loss
				insurance.
Wyoming Administrative Code › Agency 044 - Insurance Dept › Sub-Agency 0002 - General Agency, Board or Commission Rules › Chapter 4 - THIRD-PARTY ADMINISTRATORS › Section 4-11 - Delivery of Materials to Covered Individuals

Current through July 13, 2024
Any policies, certificates, booklets, termination notices or
				  other written communications delivered by the payor to the TPA for delivery to
				  insured parties and covered individuals shall be delivered by the TPA within
				  fourteen (14) calendar days of receipt of instructions from the payor to
				  deliver them.