Sec. 38a-800. (Formerly Sec. 38-234). Agents to be licensed.
Sec. 38a-800. (Formerly Sec. 38-234). Agents to be licensed. (a) Agents of societies shall be licensed in accordance with the provisions of this section.
(b) (1) The commissioner may issue a license to any person who has paid the license
fee specified in section 38a-11, and who has complied with the requirements of this
section, authorizing such licensee to act as fraternal agent on behalf of any society named
in such license which is authorized to do business in this state. (2) Before any fraternal
agent's license shall be issued there shall be on file in the office of the commissioner
the following documents: (A) A written application by the prospective licensee in such
form or forms and supplements thereto, and containing such information, as the commissioner may prescribe and on an initial application the filing fee specified in section 38a-11, shall be remitted; and (B) a certificate by the society which is to be named in such
license, stating that such society has satisfied itself that the named applicant is trustworthy and competent to act as such fraternal agent and that the society will appoint such
applicant to act as its agent if the license applied for is issued by the commissioner. Such
certificates shall be executed and acknowledged by an officer or managing agent of
such society. (3) No written or other examination shall be required of any individual
seeking to be named as a licensee to represent a fraternal benefit society as its agent.
(4) The commissioner may refuse to issue or renew any fraternal agent's license if in
his judgment the proposed licensee is not trustworthy and competent to act as such agent,
or has given cause for revocation or suspension of such license, or has failed to comply
with any prerequisite for the issuance or renewal, as the case may be, of such license.
(5) Every license issued pursuant to this section, and every renewal thereof, shall expire
on December thirty-first of each odd-numbered year. (6) If the application for a renewal
license has been filed with the commissioner on or before such expiration date, such
applicant named in such existing license may continue to act as fraternal agent under
such existing license, unless the same is revoked or suspended, until the issuance by
the commissioner of the renewal license or until the expiration of five days after he
has refused to renew such license and has served written notice of such refusal on the
applicant. If the applicant, within thirty days after such notice is given, notifies the
commissioner in writing of his request for a hearing on such refusal, the commissioner
shall, within a reasonable time after receipt of such notice, grant such hearing, and he
may, in his discretion, reinstate such license. (7) Any such renewal license of a fraternal
agent may be issued upon the application of the society named in the existing license
and payment of the fee specified in section 38a-11. Such application shall be in the form
or forms prescribed by the commissioner and shall contain such information as he may
require. Such application shall contain a certificate executed by the president, or by a
vice president, a secretary, an assistant secretary, or corresponding officer by whatever
name known, or by an employee expressly designated and authorized to execute such
certificate of a domestic or foreign society or by the United States manager of an alien
society, stating that the addresses therein given of the agents of such society for whom
renewal licenses are requested therein have been verified in each instance immediately
preceding the preparation of the application. Notwithstanding the filing of such application, the commissioner may, after reasonable notice to any such society, require that
any or all agents of such society to be named as licensees in renewal licenses shall
execute and file separate applications for the renewal of such licenses, as hereinbefore
specified, and he may also require that each such application shall be accompanied by
the certificate specified in subdivision (2)(B) of this subsection.
(c) Every society doing business in this state shall, upon the termination of the
appointment of any fraternal agent licensed to represent it in this state, forthwith file
with the commissioner a statement, in such form as he may prescribe, of the facts relative
to such termination and the cause thereof. Every statement made pursuant to this section
shall be deemed a privileged communication.
(d) The commissioner may revoke, or may suspend for such period as he may determine, any fraternal agent's license if, after notice and hearing as specified in section
38a-774, he determines that the licensee has: (1) Violated any provision of, or any
obligation imposed by, this section, or has violated any law in the course of his dealings
as agent; (2) made a material misstatement in the application for such license; (3) been
guilty of fraudulent or dishonest practices; (4) demonstrated his incompetency or untrustworthiness to act as an insurance agent; or (5) been guilty of rebating as defined
by the laws of this state applicable to life insurance companies. The revocation or suspension of any fraternal agent's license shall terminate forthwith the license of such agent.
No individual whose license has been revoked shall be entitled to obtain any fraternal
agent's license under the provisions of this section for a period of one year after such
revocation or, if such revocation is judicially reviewed, for one year after the final determination thereof affirming the action of the commissioner in revoking such license.
(1957, P.A. 448, S. 28; 1959, P.A. 392, S. 4; 1961, P.A. 9, S. 1, 2; 1969, P.A. 73; P.A. 82-96, S. 5, 8; P.A. 90-243, S. 140.)
History: 1959 act raised agent's license fee to $20; 1961 act restored it to $10 but provided for annual instead of biennial
expiration; 1969 act raised license fee to $20 and imposed filing fee of $10 upon initial application; P.A. 82-96 amended
Subdiv. (4) to require biennial rather than annual renewal for a fraternal agent's license and specified fee of $40, effective
June 1, 1983; P.A. 90-243 divided section into alphabetical Subsecs., specified the licensing requirement by enumerating
the section number for licensure and fees and substituted "foreign" for "nonresident" and "alien" for "foreign"; Sec. 38-234 transferred to Sec. 38a-800 in 1991.