31A-23a-108 - Examination requirements.
31A-23a-108. Examination requirements.
(1) (a) The commissioner may require applicants for any particular license type underSection 31A-23a-106 to pass a line of authority examination as a requirement for a license,except that an examination may not be required of applicants for:
(i) licenses under Subsections 31A-23a-106(2) (b) and (c); or
(ii) other limited line license lines of authority recognized by the commissioner or theTitle and Escrow Commission by rule as provided in Subsection 31A-23a-106(3).
(b) The examination described in Subsection (1)(a):
(i) shall reasonably relate to the line of authority for which it is prescribed; and
(ii) may be administered by the commissioner or as otherwise specified by rule.
(2) The commissioner shall waive the requirement of an examination for a nonresidentapplicant who:
(a) applies for an insurance producer license in this state;
(b) has been licensed for the same line of authority in another state; and
(c) (i) is licensed in the state described in Subsection (2)(b) at the time the applicantapplies for an insurance producer license in this state; or
(ii) if the application is received within 90 days of the cancellation of the applicant'sprevious license:
(A) the prior state certifies that at the time of cancellation, the applicant was in goodstanding in that state; or
(B) the state's producer database records maintained by the National Association ofInsurance Commissioners or the National Association of Insurance Commissioner's affiliates orsubsidiaries, indicates that the producer is or was licensed in good standing for the line ofauthority requested.
(3) A nonresident producer licensee who moves to this state and applies for a residentlicense within 90 days of establishing legal residence in this state shall be exempt from any lineof authority examination that the producer was authorized on the producer's nonresident producerlicense, except where the commissioner determines otherwise by rule.
(4) This section's requirement may only be applied to applicants who are natural persons.
Amended by Chapter 185, 2005 General Session
Amended by Chapter 219, 2005 General Session