Chapter 10 - State Board Of Insurance Agent Examiners
CHAPTER 10 - STATE BOARD OF INSURANCE AGENT EXAMINERS
26-10-101. "Board" defined.
Asused in this chapter, "board" means the Wyoming state board ofinsurance agents' examiners.
26-10-102. Composition; appointment; qualifications and terms ofmembers; ex officio member; removal; vacancies.
(a) The board shall be comprised of six (6) qualified electorsof this state appointed by the governor with the advice and consent of thesenate to a five (5) year term. At least five (5) members of the board shall belicensed insurance agents in this state for at least three (3) yearsimmediately prior to appointment, and one (1) shall have been a life agent, one(1) a general lines agent, one (1) the agent of a domestic insurer, one (1) atitle insurance agent and one (1) also a franchised automobile dealer. The commissioneris an ex officio member of the board. The governor may remove any board memberas provided in W.S. 9-1-202.
(b) The governor shall fill any vacancies by appointment asprovided in W.S. 28-12-101.
(c) Appointments and terms under this section shall be inaccordance with W.S. 28-12-101 through 28-12-103.
26-10-103. Officers; meetings; quorum.
(a) The board shall elect from its membership a president,vice-president and secretary-treasurer.
(b) The board shall hold regular meetings once each year at thestate capital, on a date it fixes, and may hold special meetings at such timesand places as a majority of the members designate. A majority of the boardconstitutes a quorum.
26-10-104. Powers and authority of board; examinations; records.
(a) Subject to the applicable provisions of this chapter, theboard may:
(i) Formulate general policy concerning the scope, contents,procedure and conduct of examinations to be given by the commissioner forlicenses as agent and broker;
(ii) Select the questions comprising each particular examinationand change those questions as it deems advisable;
(iii) Determine the scope and contents of material furnishedexamination applicants by the commissioner under W.S. 26-9-205 for the purposeof preparing for an examination;
(iv) Make rules and regulations for the procedure to be followedin the conduct of examinations, including but not limited to application forexamination, frequency and place of examinations, monitoring and thesafeguarding of examination questions and papers. The board shall file copiesof the rules and regulations, and of all amendments or modifications thereof,with the commissioner and with the secretary of state for public inspection andinformation;
(v) Fix the value to be allowed for a correct answer to eachquestion in the grading of examination papers, if it exercises the powerspecified in paragraph (ii) of this subsection;
(vi) Review examination papers and the grading thereof;
(vii) Make any recommendations to the commissioner in regard tothe administration of the examination requirement as it deems appropriate.
(b) In the exercise of any of the powers specified insubsection (a) of this section, the board may administer oaths, takeaffidavits, summon witnesses and take testimony. The secretary of the boardshall keep a record of board proceedings, which, except as to the questions tobe contained in any examination, are open to public inspection.
(c) The board may contract with a competent independentcommercial testing service to exercise any of the powers specified insubsection (a) of this section except paragraph (a)(iv).
26-10-105. Commissioner to cooperate with board.
Thecommissioner, as requested by the board, shall cooperate with it in theexecution of its powers under W.S. 26-10-104.
26-10-106. Compensation and expenses.
(a) Each board member shall receive ten dollars ($10.00) foreach day during which he is actually engaged in the discharge of a boardfunction together with per diem and mileage expense as allowed to stateemployees.
(b) The board may authorize additional compensation, not toexceed an aggregate of one hundred dollars ($100.00) in any calendar year, forthe secretary-treasurer of the board for additional time, if any, he spends inkeeping the board's records and accounts, issuing vouchers and in preparing itsreport to the governor. The board may authorize payments for all expenses thecommissioner necessarily incurs in connection with drafting and publication ofagents' licensing examinations, publication of study manuals and credit andcharacter investigations of prospective agents.
(c) Notwithstanding the provisions of subsections (a) and (b)of this section, the aggregate amount of financial liability incurred orexpenses paid shall not at any time exceed the funds available therefor in thespecial account provided in W.S. 26-10-107.
26-10-107. Account; disbursement.
(a) Out of each fee the commissioner receives for applicationfor an original agent's license as provided in W.S. 26-4-101(a)(v)(A)(I) and(B)(I), and deposits with the state treasurer, the state treasurer shall placesixty percent (60%) thereof in an account of the state board of insuranceagent's examiners and the remaining forty percent (40%) in the general fund. Ifthe amount in the account exceeds the sum of five thousand dollars ($5,000.00),the excess shall be deposited in the general fund.
(b) The state treasurer shall make payments out of the accounton warrants drawn by the state auditor, upon vouchers issued and signed by thepresident and secretary-treasurer of the board, for any expenditure required tocarry out lawful board duties.
26-10-108. Board's accounts and report.
(a) The secretary-treasurer of the board shall:
(i) Keep an accurate and true account of all vouchers the boardissues and the purpose of each;
(ii) As required by W.S. 9-2-1014, report to the governorrespecting any disbursements and board proceedings.
26-10-109. Judicial review.
Anyboard decisions and actions are subject to court review as provided by theWyoming Administrative Procedure Act for contested cases before state agencies.