This submit is a part of a collection sponsored by AgentSync.
Having a felony cost or conviction in a single’s background could make issues harder for a licensed insurance coverage producer. Nevertheless, it doesn’t at all times must imply the top of a profession, so long as you comply with your state’s procedures for reporting the brand new historical past. It’s finest to begin along with your resident state, however don’t overlook to inform all states the place you maintain a nonresident license as properly.
That will help you fulfill your reporting obligations, we’ve created this state-by-state information to how every state handles an already-licensed producer who must report new felony costs, convictions, navy convictions, or administrative actions. For a bit extra background on the legal guidelines surrounding sure kinds of felonies, and the way the Producer Licensing Mannequin Act (PLMA) tries to standardize procedures throughout states, see Half One of this five-part collection, which additionally covers the primary 10 states.
The way to renew my South Dakota insurance coverage license after a felony conviction
In accordance with South Dakota Codified Legal guidelines Part 58-30-194:
“Inside thirty days of the preliminary pretrial listening to date, an insurance coverage producer shall report back to the director any felony felony prosecution of the insurance coverage producer taken in any jurisdiction. The report shall embody a replica of the preliminary criticism filed, the order ensuing from the listening to, and another related authorized paperwork.”
Supply: https://sdlegislature.gov/Statutes/58-30-194
Along with this reporting requirement, South Dakota Codified Legal guidelines Part 58-30-167 provides the director of the Division of Insurance coverage authority to disclaim, droop, revoke, or refuse to resume a producer’s license for numerous causes, together with:
- Being convicted of a felony
- Having a producer license denied, suspended, or revoked in one other state
Additional, South Dakota Codified Legal guidelines Part 58-30-193 gives steerage on reporting administrative actions.
“An insurance coverage producer shall report back to the director any administrative motion taken towards the insurance coverage producer in one other jurisdiction or by one other governmental company on this state inside thirty days of the ultimate disposition of the matter. This report shall embody a replica of the order, consent order, or different related authorized paperwork.”
https://sdlegislature.gov/Statutes/58-30-193
For reporting each felony and administrative actions, South Dakota requires insurance coverage producers to submit all related paperwork through the NIPR Attachments Warehouse – Reporting of Actions.
What about misdemeanors in South Dakota?
South Dakota requires producers to report all felony prosecutions, together with misdemeanors, throughout the 30-day timeframe. Nevertheless, the state does make exceptions for:
- Minor site visitors violations
- Rushing tickets
- Parking violations
For all different misdemeanors, producers ought to comply with the identical reporting necessities as they’d for felonies.
What about nonresident producers looking for to resume their South Dakota license after a conviction?
South Dakota legislation doesn’t distinguish between resident and nonresident producers when it comes to reporting necessities. Nonresident producers should comply with the identical procedures for reporting felony prosecutions inside 30 days. The state might contemplate the standing of the producer’s resident state license when making determinations in regards to the South Dakota nonresident license.
Does South Dakota grant 1033 waivers?
Within the case of a South Dakota licensed insurance coverage agent who requires a 1033 waiver, the state might grant one but additionally reserves the best to make selections unbiased of another state:
“The division might take part with the Nationwide Affiliation of Insurance coverage Commissioners and the insurance coverage regulatory places of work of different states concerning the issuance of waivers pursuant to 18 U.S.C. §§ 1033 and 1034 as amended to January 1, 1998. The issuance of a waiver by any state is just not in any method binding upon any licensing willpower made or to be made by the division.”
https://sdlegislature.gov/Statutes/58-30-23.7
The way to renew my Tennessee insurance coverage license after a felony conviction
Tennessee has established particular authorized necessities for insurance coverage producers who face felony costs. In accordance with Tennessee Code Annotated Part 56-6-119:
(a) A producer shall report back to the commissioner any administrative motion taken towards the producer in one other jurisdiction or by one other governmental company on this state inside thirty (30) days of the ultimate disposition of the matter. This report shall embody a replica of any order entered or different related authorized paperwork.
(b) Inside thirty (30) days of the preliminary pretrial listening to date, a producer shall report back to the commissioner any felony prosecution of the producer taken in any jurisdiction. The report shall embody a replica of the preliminary criticism filed, the order ensuing from the listening to, and another related authorized paperwork.
https://legislation.justia.com/codes/tennessee/title-56/chapter-6/part-1/section-56-6-119/
Along with this reporting requirement, Tennessee Code 56-6-112, also referred to as the Tennessee Insurance coverage Producer Licensing Act of 2002, provides the commissioner the power to “place on probation, droop, revoke or refuse to situation or renew a license…or levy a civil penalty” for an extended record of causes, together with being convicted of a felony and violating any legislation or rule of one other state’s insurance coverage commissioner.
The Tennessee Division of Commerce and Insurance coverage requires producers to submit all documentation for each felony and administrative actions by the NIPR Attachments Warehouse – Reporting of Actions.
What about misdemeanors in Tennessee?
Tennessee requires reporting of all felony prosecutions, together with misdemeanors, throughout the 30-day timeframe. It’s unclear whether or not Tennessee exempts offenses resembling site visitors violations, so with out additional clarification, insurance coverage producers ought to report all felony prosecutions.
As well as, Tennessee Code 56-6-112 particularly states that for offenses greater than 10 years earlier than the date of an insurance coverage license utility, candidates don’t have to report misdemeanors or Class E felonies of which the applicant was charged however not convicted.
What about non-resident producers looking for to resume their Tennessee license after a conviction?
Tennessee applies the identical reporting necessities to each resident and nonresident producers. All licensees should report felony prosecutions inside 30 days, no matter the place they occurred or whether or not the producer is a resident or nonresident.
Does Tennessee grant 1033 waivers?
Sure. The Tennessee “Utility for written consent to have interaction within the enterprise of insurance coverage” also referred to as a 1033 waiver, will be discovered right here. The appliance features a fax quantity and e-mail for the Tennessee insurance coverage division, altough the state can also settle for the applying through the NIPR Attachments Warehouse.
The way to renew my Texas insurance coverage license after a felony conviction
Texas Insurance coverage Code Title 13, Subchapter F, Part A4001.252.A lays out the reporting necessities for each particular person brokers and licensed insurance coverage entities:
A person licensed as an agent shall notify the division on a month-to-month foundation of:
- a change of the license holder’s mailing tackle;
- a felony conviction of the license holder; or
- an administrative motion taken towards the license holder by a monetary or insurance coverage regulator of this state, one other state, or america
An organization or partnership shall notify the division no later than the thirtieth day after the date of:
- a felony conviction of a licensed agent of the entity or a person related to the entity who’s required to file biographical data with the division;
- an occasion for which notification can be required underneath Part 81.003; or
- the addition or removing of an officer, director, accomplice, member, or supervisor.
This a part of the legislation doesn’t specify find out how to notify the state, nevertheless we imagine that utilizing the NIPR Attachments Warehouse – Reporting of Actions might be sufficient.
What about misdemeanors in Texas?
Texas legislation doesn’t point out misdemeanors, however that doesn’t essentially imply you don’t must report them. Whereas most different states specify that producers should report “any felony prosecutions”, Texas’s legislation calls out “felony convictions” specifically.
Nonetheless, we suggest contacting the Texas Division of Insurance coverage at license@tdi.texas.gov to make clear when you’re not sure whether or not your particular circumstance requires reporting.
What about non-resident producers looking for to resume their Texas license after a conviction?
The Texas Insurance coverage Code doesn’t differentiate between resident and nonresident producers, so we imagine you must report your convictions to the state regardless. The excellent news is that when you’re a nonresident producer who makes use of the NIPR Attachments Warehouse – Reporting of Actions to submit your data to your resident state, all different states you’re licensed in may also be notified.
Does Texas grant 1033 waivers?
Sure. In accordance with e-mail correspondence with the Texas Division of Insurance coverage, “Texas is a case by case state when reviewing backgrounds for potential brokers and adjusters. There are some circumstances the place a 1033 waiver type is critical, however not all. If any documentation is required by the applying division resembling charging paperwork, police stories, court docket paperwork or statements of what occurred, the purposes division will request it of the applicant.”
What this implies for licensed brokers reporting new data is, we imagine, that when you comply with the legislation and report any new felony convictions, the Division of Insurance coverage will request further data together with a 1033 waiver type, if needed.
The way to renew my Utah insurance coverage license after a felony conviction
In accordance with Utah Code Part 31A-23a-105, an insurance coverage producer (or license applicant) should report back to the commissioner:
- An administrative motion taken towards the individual, together with a denial of a brand new or renewal license utility, together with in one other jurisdiction, by one other Utah company.
- A felony prosecution taken towards the individual in any jurisdiction.
- A civil motion filed towards the individual in any jurisdiction if it pertains to conduct regarding an expert or occupational license, certification, authorization, or registration.
These stories should be filed inside 30 days of the ultimate disposition (for administrative actions) and inside 30 days of the preliminary look earlier than a court docket (for felony prosecutions and civil actions). Moreover, stories should embody a replica of the criticism or different related authorized paperwork. All of this documentation ought to be submitted through the NIPR Attachments Warehouse – Reporting of Actions.
Does Utah grant 1033 waivers?
Sure. The Utah Insurance coverage Division web site has an intensive part concerning insurance coverage producer candidates with felony histories and the method for making use of for a 1033 consent waiver within the state of Utah. Briefly, the process includes finishing the Utility for Written Consent to Have interaction within the Enterprise of Insurance coverage and submitting it electronically to 1033cmte@utah.gov.
What about misdemeanors in Utah?
Utah legislation doesn’t differentiate between felonies and misdemeanors, so licensed producers ought to proceed to report all new felony costs and convictions, in addition to administrative actions and civil actions.
What about non-resident producers looking for to resume their Utah license after a conviction?
Utah applies the identical reporting necessities to each resident and nonresident producers. All licensees should report felony prosecutions inside 30 days, no matter their residency standing. As well as, Utah legislation states that licensed insurance coverage brokers should report back to Utah “a revocation, suspension, or limitation of the individual’s license in one other state, the District of Columbia, or a territory of america” that means, actions taken towards a producer by one state might influence their Utah license as properly.
The way to renew my Vermont insurance coverage license after a felony conviction
In accordance with Vermont Statutes Annotated (V.S.A.) Part 4813o:
(a) A producer shall report back to the Commissioner any administrative motion taken towards the producer in one other jurisdiction or by one other governmental company on this state inside 30 days of the ultimate disposition of the matter. This report shall embody a replica of the order, consent to order, or different related authorized paperwork.
(b) Inside 30 days of the preliminary pretrial listening to date, a producer shall report back to the Commissioner any felony prosecution of the producer taken in any jurisdiction. The report shall embody a replica of the preliminary criticism filed, the order ensuing from the listening to, and another related authorized paperwork.
https://legislature.vermont.gov/statutes/part/08/131/04813o
Producers can submit the required documentation through the NIPR Attachments Warehouse – Reporting of Actions.
What about misdemeanors in Vermont?
Vermont legislation states that an insurance coverage producer’s license will be denied, nonrenewed, or terminated if the producer has been convicted of “a felony or misdemeanor involving ethical turpitude.” It’s unclear if this implies different misdemeanors are acceptable for sustaining an insurance coverage license, so producers ought to report them to—or test about the necessity to report them—immediately with the Vermont Division of Insurance coverage.
What about non-resident producers looking for to resume their Vermont license after a conviction?
Vermont’s legislation doesn’t make a distinction between resident and nonresident producers. Typically talking, when a producer stories actions to their resident state (assuming they’re utilizing the NIPR Attachments Warehouse – Reporting of Actions) their nonresident license states may also be notified. So, producers with a nonresident license in Vermont ought to use that methodology to make sure correct reporting.
One remaining be aware on insurance coverage licensing and felony convictions in Vermont
Like many different states, enterprise entities may also lose their insurance coverage licenses if the Commissioner determines that: “a person licensee’s violation was recognized or ought to have been recognized by a number of of the companions, officers, administrators, or managers performing on behalf of the enterprise entity, and the violation was neither reported to the Commissioner nor corrective motion taken.”
So, for insurance coverage management, the onus is on you to concentrate to your producers’ conduct.
The way to renew my Virginia insurance coverage license after a felony conviction
The Code of Virginia part 38.2-1831 states that Virginia’s Insurance coverage Fee (The Fee) “might place on probation, droop, revoke or refuse to situation or renew” a producer’s license for a wide range of causes together with being convicted of a felony.
This legislation additionally features a few distinctive standards for license suspension, revocation, and nonrenewal which are present in some, however not all states. These embody partaking within the practices of twisting and rebating, which we’ve written about in additional element earlier than. This level raises a bigger situation, since most states’ legal guidelines give them the best to droop or revoke an insurance coverage license if it’s been suspended or revoked by one other state. Subsequently, a producer with a nonresident Virginia license would possibly lose it, together with their resident state and others, for a apply that Virginia is stricter about than different states.
Merely put, that is yet another reminder that licensed insurance coverage brokers and brokers have to pay shut consideration to their resident and nonresident states’ legal guidelines.
By way of reporting necessities, The Code of Virginia requires licensed brokers to report “the details and circumstances concerning the felony conviction” to The Fee inside 30 calendar days of being convicted of a felony. In accordance with Virginia’s reporting necessities, “Such report shall embody each the charging paperwork in addition to paperwork exhibiting the ultimate disposition of the case.”
Equally, producers are required to report any administrative motion taken towards them, and to incorporate a replica of the order, consent to order or different related authorized docuemnts, inside 30 calendar days of the ultimate disposition of the matter.
To satisfy these reporting necessities, licensed producers ought to add paperwork to the NIPR Attachments Warehouse – Reporting of Actions.
Does Virginia grant 1033 waivers?
Sure. Insurance coverage license candidates with a historical past of a felony conviction associated to crimes of dishonesty and ethical turpitude ought to use this utility to request written consent to have interaction within the enterprise of insurance coverage in Virginia. As soon as accomplished, candidates can e-mail it again to AgentLicensing@scc.virginia.gov or use the mailing tackle and fax data discovered on the applying.
What about misdemeanors in Virginia?
The Code of Virginia particularly names felonies in its reporting necessities. This will imply misdemeanors don’t should be reported, however with out additional clarification from The Fee, we suggest contacting the Virginia Fee your self simply to make certain.
What about non-resident producers looking for to resume their Virginia license after a conviction?
Virginia legislation doesn’t make a distinction between resident and nonresident producers. Typically talking, when a producer stories actions to their resident state (assuming they’re utilizing the NIPR Attachments Warehouse – Reporting of Actions) their nonresident license states may also be notified. So, producers with a nonresident license in Virginia ought to use that methodology to make sure correct reporting.
The way to renew my Washington insurance coverage license after a felony conviction
The Revised Code of Washington (RCW) Part 48.17.597 states:
(1) An insurance coverage producer, title insurance coverage agent, or adjuster shall report back to the commissioner any administrative motion taken towards the insurance coverage producer, title insurance coverage agent, or adjuster in one other jurisdiction or by one other governmental company on this state inside thirty days of the ultimate disposition of the matter. This report shall embody a replica of the order, consent to order, or different related authorized paperwork.
(2) Inside thirty days of the preliminary pretrial listening to date, an insurance coverage producer, title insurance coverage agent, or adjuster shall report back to the commissioner any felony prosecution of the insurance coverage producer, title insurance coverage agent, or adjuster taken in any jurisdiction. The report shall embody a replica of the preliminary criticism filed, the order ensuing from the listening to, and another related authorized paperwork.
https://app.leg.wa.gov/rcw/default.aspx?cite=48.17.597
For at present licensed producers who have to submit this data, Washington state’s Workplace of the Insurance coverage Commissioner advises that the simplest manner is through the use of the NIPR Attachments Warehouse – Reporting of Actions.
In accordance with the Workplace of the Insurance coverage Commissioner’s web site, folks making use of for a brand new producer license with a misdemeanor, felony, or different felony file should ship the next by the state’s safe e-form:
- A written assertion explaining the circumstances of the incident(s)
- A duplicate of the charging doc(s)
- A duplicate of the official doc which demonstrates the decision of the cost(s) or any remaining judgment
Does Washington grant 1033 waivers?
Sure. Washington state residents ought to ship their utility for a Letter of Written Consent to Have interaction within the Enterprise of Insurance coverage to the Workplace of the Insurance coverage Commissioner utilizing the safe e-form.
Nonresidents looking for a Washington insurance coverage license and who want a 1033 waiver ought to present a replica of their 1033 waiver from their resident state when making use of for a license (or license renewal).
What about misdemeanors in Washington?
The Washington state Workplace of the Insurance coverage Commissioner web site gives the next steerage:
You don’t must report:
- Misdemeanor site visitors citations
- Misdemeanor convictions involving driving underneath the affect (DUI) or driving whereas intoxicated (DWI)
- Driving with no license
- Reckless driving
- Driving with a suspended or revoked license
- Misdemeanor or felony offenses that had been adjudicated in a juvenile court docket
For different misdemeanors not talked about above, it seems Washington state requires reporting throughout the similar timeframe and following the identical procedures as extra critical offenses.
What about non-resident producers looking for to resume their Washington license after a conviction?
Nonresident producers who want written consent to have interaction within the enterprise of insurance coverage (i.e. a 1033 waiver) ought to begin with their resident state after which present their 1033 waiver to Washington state.
For different kinds of felony costs and convictions, nonresident producers ought to comply with the identical procedures as resident producers and alert the state inside 30 days. This can occur robotically if the producer makes use of the NIPR Attachments Warehouse – Reporting of Actions to submit their documentation to their resident state together with all different states they’re licensed in.
The way to renew my Washington, D.C. insurance coverage license after a felony conviction
In accordance with the District of Columbia’s Producer Licensing Act of 2002, the “Commissioner might place an insurance coverage producer on probation; droop, revoke, or refuse to situation or renew an insurance coverage producer’s license” or impose a civil penalty, or a mixture of actions for a lot of causes. These embody a producer being convicted of a felony, and—notably as a result of this wording isn’t customary throughout states—if a producer “has an insurance coverage producer license, or its equal, denied, suspended, or revoked in any state or territory of america, province of Canada, or different international nation.”
Maybe it’s as a result of D.C. is the nation’s capital, however the emphasis on international nations and the way their laws relate to a D.C. licensee is one thing to pay attention to.
With regard to reporting, the Code of the District of Columbia Part 31–1131.17 states:
(a) An insurance coverage producer shall report back to the Commissioner any administrative motion taken towards the insurance coverage producer in one other jurisdiction or by one other governmental company within the District inside 30 days of the ultimate disposition of the matter. The report shall embody a replica of the order, consent to order, or different related authorized paperwork.
(b) Inside 30 days of the preliminary pretrial listening to date, an insurance coverage producer shall report back to the Commissioner any felony prosecution of the insurance coverage producer taken in any jurisdiction. The report shall embody a replica of the preliminary criticism filed, the order ensuing from the listening to, and another related authorized paperwork.
Relating to find out how to report these actions to the D.C. Division of Insurance coverage, this web page has a number of choices and D.C. additionally accepts paperwork through the NIPR Attachments Warehouse – Reporting of Actions.
Does Washington, D.C. grant 1033 waivers?
Sure. You’ll find the applying for written consent to have interaction within the enterprise of insurance coverage inside Washington, D.C. right here.
What about misdemeanors in Washington, D.C.?
The District of Columbia’s Producer Licensing Act of 2002, particularly part 17, Reporting of Actions, says producers should report “any felony prosecution” to the Commissioner and doesn’t distinguish between felonies and midemeanors.
What about non-resident producers looking for to resume their Washington, D.C. license after a conviction?
Washington, D.C. legislation doesn’t distinguish between resident and nonresident producers when it comes to reporting necessities. Nonresident producers should comply with the identical procedures for reporting felony prosecutions inside 30 days.
One remaining be aware on insurance coverage licensing and felony convictions in Washington, D.C.
In Washington, D.C.:
“The license of a enterprise entity could also be suspended, revoked, or denied renewal if the Commissioner finds, after a listening to, that: (1) The incidence of a license violation was recognized or ought to have been recognized by a number of of the companions, officers, or managers performing on behalf of the enterprise entity; (2) The violation was not reported to the Commissioner; and (3) Corrective motion was not taken.”
https://code.dccouncil.gov/us/dc/council/legal guidelines/docs/14-264.pdf
So, for insurance coverage management, the onus is on you to concentrate to your producers’ conduct, and ensure producers are correctly reporting felony and administrative actions.
The way to renew my West Virginia insurance coverage license after a felony conviction
In accordance with West Virginia Code Part 33-12-24, “The Insurance coverage Commissioner might place on probation, droop, revoke or refuse to situation or renew an insurance coverage producer’s license, solicitor’s license or extra line dealer’s license, or might levy a civil penalty or any mixture of actions” for a lot of causes, together with being convicted of a felony or having a license suspended or revoked in one other jurisdiction.
By way of reporting necessities, West Virginia’s insurance coverage code Part 33-12-34 states:
(a) A producer shall report back to the Insurance coverage Commissioner any administrative motion taken towards the producer in one other jurisdiction or by one other governmental company on this state inside thirty days of the ultimate disposition of the matter. This report shall embody a replica of the order, consent to order, or different related authorized paperwork.
(b) Inside thirty days of the preliminary pretrial listening to date, a producer shall report back to the Insurance coverage Commissioner any felony prosecution of the producer taken in any jurisdiction. The report shall embody a replica of the preliminary criticism filed, the order ensuing from the listening to, and another related authorized paperwork.
https://code.wvlegislature.gov/33-12-34/
Does West Virginia grant 1033 waivers?
Sure. West Virginia gives this utility for consent to have interaction within the enterprise of insurance coverage, together with this set of steadily requested questions. In accordance with West Virginia’s FAQs, as soon as a 1033 waiver is granted by a resident state, different states should honor the consent to have interaction within the enterprise of insurance coverage. Nevertheless, our analysis has discovered this isn’t the case throughout all states, as many take a case-by-case foundation method to 1033 reciprocity. In a separate set of FAQs, West Virginia affirms that it’ll honor a 1033 waiver granted by a nonresident licensee’s resident state.
What about misdemeanors in West Virginia?
The wording of West Virginia’s legislation is {that a} producer should report “any felony prosecution” which would come with misdemeanors in addition to felonies. Our analysis hasn’t uncovered any exceptions to this rule inside West Virginia’s legal guidelines.
What about non-resident producers looking for to resume their West Virginia license after a conviction?
Nonresident producers ought to comply with the identical procedures as resident license holders when it comes to reporting necessities. Utilizing the NIPR Attachments Warehouse – Reporting of Actions will present the knowledge to a producers resident and nonresident states.
West Virginia has made its stance clear that it’ll permit producers to have interaction within the enterprise of insurance coverage throughout the state if the producer has been granted a 1033 waiver by their resident state. For crimes that don’t require a 1033, waiver, there isn’t any written coverage on reciprocity.
One remaining be aware on insurance coverage licensing and felony convictions in West Virginia
Like many different states, West Virginia’s insurance coverage code says:
“The producer’s license of a enterprise entity could also be positioned on probation, suspended, revoked, refused or have civil penalty or any mixture of actions, if the Insurance coverage Commissioner finds, after listening to, that a person licensee’s violation was recognized or ought to have been recognized by a number of of the companions, officers or managers performing on behalf of the partnership, company, restricted legal responsibility firm or different enterprise entity and the violation was neither reported to the Insurance coverage Commissioner nor corrective motion taken.”
https://code.wvlegislature.gov/33-12-24/
As soon as once more, when you’re ready of managing an insurance coverage enterprise entity, you’re additionally accountable for making certain the producers working underneath you might be following every state’s reporting necessities.
The way to renew my Wisconsin insurance coverage license after a felony conviction
In accordance with Wisconsin Administrative Code Sections 6.59(5)(a) and 6.59(5)(d)6, a person’s felony file, in addition to a conviction of a criminal offense (felony or misdemeanor) “considerably associated to the circumstances of holding an insurance coverage license” are standards that the Division of Insurance coverage might use to evaluate their trustworthiness and competence.
By way of notification necessities, Wisconsin Adminstrative Code Part 6.61.16 states licensed brokers should notify the commissioner in writing, inside 30 days, for every of the next:
(a) Aside from motion taken by the Wisconsin workplace of the commissioner of insurance coverage, any formal administrative motion towards the middleman taken by any state’s insurance coverage regulatory company, fee or board or different regulatory company which licenses the individual for any occupational exercise. The notification shall embody an outline of the idea for the executive motion and any motion taken on account of the continuing, a replica of the discover of listening to and different paperwork describing the issue, a replica of the order, consent to order, stipulation, remaining decision and different related paperwork.
(b) Any preliminary pretrial listening to date associated to any felony prosecution of the middleman taken in any jurisdiction, aside from a misdemeanor cost associated to using a motorcar or the violation of a fish and sport regulation. The notification shall embody a replica of the preliminary felony criticism filed, the order ensuing from the listening to and another related authorized paperwork.
(c) Any felony conviction or misdemeanor conviction in any jurisdiction, aside from a misdemeanor conviction associated to using a motorcar or the violation of a fish and sport regulation. The notification shall embody a replica of the preliminary felony criticism or felony charging doc filed, the judgement of conviction, the sentencing doc, the middleman’s clarification of what occurred to trigger felony proceedings, the middleman’s the explanation why no motion ought to be taken concerning the middleman’s license and another related authorized paperwork.
(d) Any lawsuit filed towards the licensee or the licensee’s enterprise through which there are allegations of misrepresentation, fraud, theft or embezzlement involving the licensee or the licensee’s enterprise. The notification shall embody a replica of the preliminary go well with paperwork, the middleman’s clarification of what occurred to trigger the civil proceedings, the middleman’s the explanation why no motion ought to be taken concerning the middleman’s license and another related authorized paperwork.
Supply https://docs.legis.wisconsin.gov/code/admin_code/ins/6/61/16
Does Wisconsin grant 1033 waivers?
Sure, and the Wisconsin Workplace of the Commissioner of Insurance coverage’s web site has a complete web page devoted to find out how to go about finishing your utility for written consent to have interaction within the enterprise of insurance coverage.
For nonresident producers looking for a 1033 waiver for Wisconsin, the state says it is going to situation a license based mostly on the resident state’s 1033 waiver approval. So, begin along with your resident state after which submit your accepted waiver to Wisconsin.
What about misdemeanors in Wisconsin?
Wisconsin legislation particularly calls out “Having been convicted of a felony or misdemeanor considerably associated to the circumstances of holding an insurance coverage license” as an element that may affect its willpower of a producer’s trustworthiness and competence.
Nevertheless, the legislation additionally specifies {that a} “misdemeanor conviction associated to using a motorcar or the violation of a fish and sport regulation” doesn’t should be reported. E-mail correspondence with the Wisconsin Workplace of the Commissioner of Insurance coverage additionally clarified that “site visitors citations, driving underneath the affect (DUI), driving whereas intoxicated (DWI), driving with no license, reckless driving, or driving with a suspended or revoked license” particularly don’t should be reported.
What about non-resident producers looking for to resume their Wisconsin license after a conviction?
E-mail correspondence with the Wisconsin Workplace of the Commissioner of Insurance coverage said that the state will contemplate the license standing of nonresidents on a case by case foundation, though the state does contemplate what motion the producer’s resident state took.
The way to renew my Wyoming insurance coverage license after a felony conviction
In accordance with Wyoming Insurance coverage Code, the commissioner has the authority to put on probation, droop, revoke, or refuse to situation or renew an insurance coverage producer’s license for a lot of causes, together with: “Having been convicted of a felony that pertains to the insurance coverage career or to the power to apply as an insurance coverage producer.”
The wording of this legislation is exclusive among the many states as a result of it’s extra particular than merely “having been convicted of a felony” which is the frequent language. Wyoming’s legislation implies the state could also be extra lenient about folks with felony backgrounds serving as licensed insurance coverage brokers, producers, brokers, or adjusters.
Concerning reporting felony and administrative actions, Wyoming Title 26, Part 26-9-216 specifies:
(a) A licensee shall report back to the commissioner any administrative motion taken towards the producer in one other jurisdiction or by one other governmental company on this state inside thirty (30) days of the ultimate disposition of the matter. This report shall embody a replica of the order, consent to order or different related authorized paperwork.
(b) Inside thirty (30) days of the preliminary pretrial listening to date, a licensee shall report back to the commissioner any felony prosecution of the producer taken in any jurisdiction. The report shall embody a replica of the preliminary criticism filed, the order ensuing from the listening to and another related authorized paperwork.
https://wyoleg.gov/statutes/compress/title26.pdf
Wyoming advises all new license candidates with felony backgrounds to submit the next to the state through the NIPR Attachments Warehouse – Reporting of Actions. The identical necessities ought to maintain true for current licensees who have to report new actions.
- Authentic charging paperwork.
- Remaining disposition paperwork (which can embody the choose’s remaining order and any fines or sentencing).
- Proof that you’ve got paid all fines and accomplished all sentencing, together with probation.
- A written clarification of the circumstances behind your conviction, together with any steps you’ve taken to guarantee the crime is not going to occur once more.
What about misdemeanors in Wyoming?
Wyoming requires reporting of “any felony prosecution” throughout the 30-day timeframe. It’s unclear whether or not Wyoming exempts offenses resembling site visitors violations, so with out additional clarification, insurance coverage producers ought to report all felony prosecutions precisely because the legislation is worded.
Does Wyoming grant 1033 waivers?
Sure, the state factors producers to this utility for written consent to have interaction within the enterprise of insurance coverage.
The state’s web site goes on to make clear:
You probably have a felony conviction that includes a “breach of belief” you might be required to file a 1033 waiver utility*.
Some examples of felonies which will require a 1033 waiver are:
- Housebreaking, theft, embezzlement
- Violent crimes (assault, homicide, tried homicide)
- Sexual assault
Felonies that usually don’t require a 1033 waiver are:
- Drug possession
- Driving underneath the affect
- Prostitution
The above examples ought to be used as a tenet. Each utility is dealt with on a person foundation.
https://doi.wyo.gov/licensing/producers
What about non-resident producers looking for to resume their Wyoming license after a conviction?
Wyoming legislation doesn’t particularly present alternate procedures for nonresident licensees, nevertheless, it does state in Part 26-9-211 that “For brokers whose residence state of licensure is just not Wyoming, the commissioner might depend on licensure and disciplinary actions by the agent’s residence state of licensure.”
One remaining be aware on insurance coverage licensing and felony convictions in Wyoming
Like many different states, enterprise entities may also lose their insurance coverage licenses in Wyoming “if the commissioner finds, after discover and alternative for listening to, that a person licensee’s violation was recognized by one (1) or extra of the companions, officers or managers performing on behalf of the enterprise entity and the violation was neither reported to the commissioner nor corrective motion taken.”
What to do when you’ve got new felony costs or convictions
As we’ve made our manner by all 50 states, plus Washington, D.C., one factor’s turn out to be clear. Each state requires insurance coverage producers to report new felony exercise to the insurance coverage commissioner or division of insurance coverage, and to take action inside 30 days. Past that, the specifics differ. Whether or not there’re exceptions to the kinds of crimes that should be reported, whether or not a producer must report costs or solely convictions, and what the probabilities are that you would be able to maintain an lively license after reporting any sort of felony conviction are among the many variables that every state determines for itself.
We hope this information has been useful, however the backside line is that when you’re an insurance coverage producer dealing with felony costs or convictions, your finest wager might be to seek the advice of along with your legal professional and your state’s DOI on to be sure you fulfill any necessities. Doing nothing is assured to land you in additional hassle than following the state’s reporting necessities.
To study extra in regards to the nuances of state-by-state insurance coverage compliance, try our free Compliance Library the place we’ve carried out the analysis for you. When you’re able to make compliance streamlined and automated at your insurance coverage company, provider, MGA, or MGU, see how AgentSync might help.
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