The best way to Renew Your Insurance coverage License with a Felony Background Half 1: Alabama by way of Georgia

This publish is a part of a sequence sponsored by AgentSync.

Insurance coverage licenses will be arduous to get and hold, even for these with essentially the most pristine backgrounds. So, what’s an insurance coverage producer to do in the event that they discover themselves within the unlucky place of being up for license renewal with a change to their prison historical past?

Satirically, even going from having a prison report to not having one could cause an issue for insurance coverage licenseholders (see our protection of Michigan’s Clear Slate regulation and the challenges of automated prison report expungement). Nevertheless, extra generally, somebody with an insurance coverage license could become involved within the prison justice system and have new expenses or convictions to report.

To be clear, a producer on this scenario shouldn’t wait till their subsequent renewal to report the change of their prison background to each state they’re licensed in. Each single state requires producers to tell them inside 30 days of latest expenses, convictions, or administrative actions – though the specifics of how to do this change state to state.

To say that every state handles this a bit in a different way shouldn’t shock anybody. So, please keep in mind that this text isn’t an alternative to authorized recommendation! We’ll attempt, nonetheless, to briefly define what every state expects an insurance coverage licenseholder to do if they’ve a brand new prison report when it comes time to resume their license.

A federal regulation with state-by-state enforcement

At first look, you may assume there’s a easy reply to the difficulty of how an insurance coverage agent must proceed with their license renewal in the event that they’ve acquired a brand new prison historical past to report. That’s as a result of there’s truly a federal regulation referred to as 18 U.S.C. 1033 that governs “crimes by or affecting individuals engaged within the enterprise of insurance coverage whose actions have an effect on interstate commerce.”

This regulation declares that it’s a federal offense for somebody who’s been convicted of a prison felony consisting of dishonesty or a breach of belief to conduct insurance-related enterprise with out the written consent of their resident state’s insurance coverage regulator. Thus, to get permission to work in insurance coverage, somebody with this sort of prison historical past (theoretically) wants a 1033 waiver from their resident state’s insurance coverage commissioner (and infrequently from their nonresident license states as nicely).

It sounds simple, a minimum of till you begin asking which crimes particularly contain dishonesty and breaches of belief (there’s no official, complete record). And it turns into even murkier if you have a look at how every state interprets and enforces this federal rule.

Just some examples embrace:

• Florida: The state doesn’t grant 1033 consents. Subsequently, somebody with a prison historical past involving dishonesty or breach of belief can’t maintain a Florida insurance coverage license, interval.
• Alabama: The state has a proprietary type on which a producer should report any and all new prison expenses and convictions. Utilizing this kind, Alabama decides whether or not the producer wants to use for a 1033 consent, and whether or not or to not grant one.
• Alaska: This state appears to go away the judgment name to the producer as as to whether their crime qualifies as one which wants a 1033 consent. If you happen to assume you want one, you need to apply for one. If you happen to don’t assume you want one and proceed promoting insurance coverage, and the state has a distinct opinion about your conviction, you’re going to be in scorching water!

With the understanding that, particularly for felonies associated to dishonesty and breaches of belief, there’s this complete different can of worms, what about different expenses and convictions? For the needs of this text, we’ll summarize our findings of every state’s stance on what an insurance coverage license holder is required to do if – after already holding an insurance coverage license – they get charged with or convicted of a brand new crime*.

*Bear in mind, we’re speaking about crimes that don’t fall beneath the necessity for a 1033 waiver. Nevertheless, you’ll see loads of mentions of the 1033 waiver as a result of, typically, the state needs all the data earlier than figuring out if one is required.

After which there’s the Producer Licensing Mannequin Act

Earlier than we dive into how every state offers with producers reporting new prison exercise of their backgrounds, it’s additionally related to notice that the Nationwide Affiliation of Insurance coverage Commissioners (NAIC) offers with this in its Producer Licensing Mannequin Act (PLMA). Whereas that is mannequin laws, and never a regulation, many states use it – or a minimum of base their very own legal guidelines on the NAIC’s mannequin.

In response to Part 17 of the PLMA, a producer should report any new prison and administrative actions taken towards them by any state, jurisdiction, or governmental company inside 30 days. Whereas every state could interpret or implement this in its personal manner, many states base their prison historical past reporting procedures on the mannequin laws.

One factor that doesn’t change state to state is the requirement to report inside 30 days. If you happen to take nothing else away from this text, know that you just’re higher off reporting any new expenses, convictions, or administrative actions to your resident and nonresident license states as quickly as potential. Every state permits the producer to offer context surrounding the fees or convictions for consideration. Few states have arduous and quick guidelines that instantly disqualify a producer.

Leap to a state

With 50 states plus the District of Columbia to cowl, we’ve divided this matter right into a sequence. This text covers Alabama by way of Georgia, and you’ll click on the state beneath to leap on to it. Be careful for extra states coming quickly!

Alabama | Alaska | Arizona | Arkansas | California | Colorado | | Connecticut | Delaware | Florida | Georgia

The best way to renew my Alabama insurance coverage license after a prison conviction

In response to the Alabama Division of Insurance coverage, “Conviction of any felony generally is a floor for denial, non-renewal, suspension, or revocation of a license.”

In order that the Alabama Insurance coverage Commissioner can decide whether or not to grant or renew an insurance coverage license, anybody with a prison cost or conviction has to finish the state’s “Felony Historical past Disclosure Type.” The insurance coverage commissioner then makes use of the detailed info collected on this type to determine whether or not to “grant, renew, or enable retention of a license; to determine whether or not written consent beneath 18 U.S.C. § 1033 is required; and to determine whether or not to grant written consent for functions of 18 U.S.C. § 1033, if required.”

When to finish the Felony Historical past Disclosure type

Alabama requires the insurance coverage license holder to report any new arrests, expenses, convictions, administrative actions (and different adjustments in authorized standing, all of which will be present in Ala. Admin. Code r. 482-1-054-.03) inside 30 days. This consists of any of the aforementioned occasions whether or not they occurred within the state of Alabama, or elsewhere.

What about misdemeanors in Alabama?

The Alabama legal guidelines are fairly particular: Having a felony conviction generally is a disqualifying issue for working in insurance coverage, whereas misdemeanors aren’t (essentially). You continue to must report misdemeanor expenses and convictions, together with authorized troubles categorised as administrative actions, but it surely seems much less probably you’ll be denied an insurance coverage license renewal due to them.

What about nonresident producers in search of to resume their Alabama license after a conviction?

Alabama’s tackle that is all about reciprocity. If you happen to’ve obtained a 1033 waiver out of your resident state, or in case your resident state has decided that no 1033 waiver is required so that you can hold working in insurance coverage, then Alabama will typically honor that call so long as your state additionally has a coverage of reciprocating Alabama’s determinations on this matter in relation to its resident producers within the different state.

It received’t shock you, although, that you just nonetheless want to finish Alabama’s Felony Historical past Disclosure type to begin the method of reciprocity to your resident state’s 1033 waiver or its dedication that none is required.

The best way to renew my Alaska insurance coverage license after a prison conviction

In response to Alaska’s Division of Insurance coverage, “When you have a misdemeanor, felony or different prison offense in your report, qualifying for a license will likely be decided on a case-by-case foundation.” Assuming you already had your Alaska insurance coverage license when the brand new cost or conviction occurred, you’re required to report it inside 30 days of it being filed. For administrative actions, Alaska says you’re required to report it “inside 30 days of the ultimate disposition of the motion” and reporting will be by way of mail, electronic mail, or importing to the NIPR Attachments Warehouse – Reporting of Actions. E mail correspondence from the Alaska DOI additionally clarifies that the state requires navy convictions to be reported identical to prison and civil convictions.

To satisfy Alaska’s reporting necessities, use the web NIPR Attachments Warehouse – Reporting of Actions. The state additionally imposes late charges if a licensed agent experiences a prison cost, conviction, or administrative motion past 30 days of its submitting. These charges vary from $50 for the primary 60 days (after the deadline) to $200 for experiences submitted greater than 120 days after the deadline.

What about misdemeanors in Alaska?

Alaska requires licensed insurance coverage brokers to report all crimes (each expenses and convictions), together with misdemeanors, aside from a couple of particular kinds of misdemeanors.

In Alaska, you should not have to report:

• Misdemeanor site visitors citations
• Misdemeanor driving beneath the affect (DUI) or driving whereas intoxicated (DWI) offenses
• Driving with out a license, reckless driving, or driving with a suspended or revoked license
• Misdemeanor offenses adjudicated in a juvenile court docket

Supply: https://www.commerce.alaska.gov/internet/ins/Producers/CriminalOffense.aspx

What about nonresident producers in search of to resume their Alaska license after a conviction?

Nonresident producers who want a 1033 waiver should submit a duplicate of their signed waiver from their resident state to Alaska, though the state nonetheless reserves the correct to make its personal dedication on whether or not to grant it.

For all different crimes that don’t fall beneath needing a 1033 waiver, Alaska needs nonresident producers to observe the identical process as resident producers, and the state will make an unbiased determination about whether or not to permit somebody to maintain their nonresident license.

One last observe on insurance coverage licensing and prison convictions in Alaska

In Alaska, an insurance coverage producer with a prison historical past isn’t the one one who can get into bother. With particular regard to these particular kinds of crimes that contain dishonesty or breach of belief (the kind requiring a 1033 waiver), Alaska says:

Any particular person permitting a person with a felony conviction involving dishonesty or breach of belief to work in any capability in an insurance coverage entity, previous to acquiring consent, is in violation of federal and state regulation and topic to administrative motion and federal and prison sanctions

Supply: 18 U.S.C. § 1033, 18 U.S.C. § 1034, AS 21.36.355

The best way to renew my Arizona insurance coverage license after a prison conviction

Arizona doesn’t have complete on-line documentation for a way a producer ought to go about reporting new prison background info. Nevertheless, in line with correspondence with the Arizona Division of Insurance coverage and Monetary Establishments Insurance coverage Licensing Part, Arizona’s procedures are according to the NAIC’s PLMA for reporting new prison actions.

This implies Arizona requires all producers, each resident and nonresident, to “report back to the commissioner any prison prosecution of the producer taken in any jurisdiction,” inside 30 days. Arizona doesn’t require this info in a selected format; paperwork simply have to be uploaded to the NIPR Attachments Warehouse – Reporting of Actions. The knowledge a producer should submit consists of the preliminary charging doc and different related listening to paperwork.

What about misdemeanors in Arizona?

Arizona requires producers to submit the identical info whatever the classification of the crime. Producers with an Arizona insurance coverage license ought to assume this is applicable to felonies, misdemeanors, and administrative actions alike.

What about nonresident producers in search of to resume their Arizona license after a conviction?

Arizona treats nonresident producers precisely like resident producers on this respect. If you happen to’ve acquired a nonresident Arizona license, observe the identical procedures to report your new expenses or convictions inside 30 days by importing paperwork to the NIPR Attachments Warehouse – Reporting of Actions.

The best way to renew my Arkansas insurance coverage license after a prison conviction

The Arkansas Insurance coverage Division follows Part 17 of the NAIC’s PLMA for reporting new prison actions. The state’s model, present in Arkansas Code Part 23-64-517(b) requires all producers, each resident and nonresident, to “report back to the commissioner any prison prosecution of the producer taken in any jurisdiction,” inside 30 days.

Arkansas doesn’t require this info in a selected format; paperwork simply have to be uploaded to the NIPR Attachments Warehouse – Reporting of Actions. The knowledge a producer should submit consists of the preliminary charging doc and different related listening to paperwork.

Particularly, the Arkansas Division of Insurance coverage advises producers to verify they add:

For misdemeanors:

• A press release concerning the occasions that led to the cost
• The decision doc that exhibits all stipulations of the court docket have been met (these are often fines)

For felonies:

• A press release concerning the occasions that led to the cost
• Charging paperwork akin to an indictment from the prosecutor
• Sentencing order (observe: if adjudication hasn’t been accomplished, you received’t have this)
• The decision doc that exhibits all stipulations of the court docket have been met (observe: if adjudication hasn’t been accomplished, you received’t have this)

Lastly, the Arkansas DOI means that any producer trying to report a brand new prison background by importing to the NIPR Attachments Warehouse – Reporting of Actions also needs to electronic mail insurance [email protected] to allow them to know you’ve uploaded them.

What about misdemeanors in Arkansas?

Arkansas’s guidelines apply to all crimes, together with misdemeanors and felonies. Everybody ought to observe the procedures outlined within the earlier part, and Arkansas didn’t observe any exceptions to kinds of crimes that have to be reported.

What about nonresident producers in search of to resume their Arkansas license after a conviction?

Arkansas’s guidelines apply to resident and nonresident producers alike. Going by way of this course of in a single’s resident state doesn’t excuse a producer from following Arkansas’s course of as nicely. Within the case of against the law that triggers the necessity for a 1033 waiver, the producer might want to get this from their resident state first, then present it to Arkansas for consideration.

The best way to renew my California insurance coverage license after a prison conviction

In response to California Insurance coverage Code Part 1729.2, an insurance coverage producer who has a change of their background should report the change inside 30 days utilizing California’s Background Info Change Disclosure Type.

There are extra varieties relying on whether or not the particular person finishing it’s a person, a enterprise entity, director or officer of a enterprise entity, or different function. Learn extra particulars right here.

What’s thought-about a background info change in California?

California classifies a variety of circumstances as adjustments in background info, all of which it requires somebody to report back to the Division of Insurance coverage.

Background info to be reported inside 30 days consists of any of the next:

• A misdemeanor or felony conviction;
• A submitting of felony prison expenses in state or federal court docket;
• An administrative motion concerning knowledgeable or occupational license;
• Discharge or try and discharge in a private or organizational chapter continuing, an obligation concerning any insurance coverage premiums or fiduciary funds owed to any firm, together with a managing common agent or premium finance firm; and
• Any admission, or judicial discovering or dedication, of fraud, misappropriation or conversion of funds, misrepresentation, or breach of fiduciary obligation.

Supply: https://www.insurance coverage.ca.gov/0200-industry/0200-prod-licensing/0100-applicant-info/0500-background-change/0100-ab2557-overview/background-disclosure-form.cfm

What about misdemeanors in California?

California maintains that it considers every particular person’s background on a case-by-case foundation and there are not any arduous and quick guidelines about who’ll be granted a license renewal and who received’t. With that in thoughts, California does require producers to report new misdemeanor convictions (observe: the state doesn’t require you to report misdemeanor expenses, whereas it does require you to report felony expenses).

What about nonresident producers in search of to resume their California license after a conviction?

California regulation states “any and all resident and nonresident producer licensees and candidates who intend to transact within the enterprise of insurance coverage” in addition to “unlicensed officers, administrators, and controlling individuals” are required to make use of the Background Info Change Disclosure Type to report adjustments in background inside 30 days.

If you happen to’re a producer with a nonresident California license, and also you’ve been charged with or convicted of one of many crimes that warrants a 1033 waiver, you could present California with the written consent of your resident state earlier than making an attempt to get the identical from California. California does warning, nonetheless, that it doesn’t mechanically reciprocate the 1033 waiver out of your resident state.

One last observe on insurance coverage licensing and prison convictions in California

In California, an insurance coverage producer with a prison historical past isn’t the one one who can get into bother. With regards particularly to these particular kinds of crimes that contain dishonesty or breach of belief (the kind requiring a 1033 waiver), California says:

Additional, it’s a prison offense for any particular person to willfully make use of, or willfully allow, such “prohibited individuals” to take part within the enterprise of insurance coverage with out the required written consent. A “Prohibited Individual” could also be an officer, director or worker of an insurance coverage company or an insurance coverage firm, an agent, solicitor, dealer, advisor, third get together administrator, managing common agent, or subcontractor representing an insurance coverage company or insurance coverage firm who engages in or transacts the enterprise of insurance coverage.

Supply: https://www.insurance coverage.ca.gov/0200-industry/0200-prod-licensing/0100-applicant-info/0600-1033-application/index.cfm

The best way to renew my Colorado insurance coverage license after a prison conviction

In response to Colorado regulation, CO Code § 10-2-801 (2022), “The commissioner could place an insurance coverage producer on probation; droop, revoke, or refuse to problem, proceed, or renew an insurance coverage producer license; order restitution to be paid from an insurance coverage producer; or assess a civil penalty” for quite a lot of causes. A number of of those causes embrace being convicted of a misdemeanor or felony “involving ethical turptidude,” together with administrative actions and convictions for insurance coverage fraud.

Like different states, Colorado permits 30 days for a licensed producer to report new prison historical past. Particularly:

“Inside thirty days after the preliminary pretrial listening to date, a producer or enterprise entity shall report back to the commissioner any prison prosecution of the producer in any jurisdiction. The report shall embrace a duplicate of the preliminary criticism, the order ensuing from the listening to, and some other related authorized paperwork”

Supply: https://regulation.justia.com/codes/colorado/2022/title-10/article-2/part-8/section-10-2-801/

Colorado doesn’t specify how a producer is meant to report this stuff, nonetheless it might be a secure wager to add them to the NIPR Attachments Warehouse – Reporting of Actions.

What about misdemeanors in Colorado?

Colorado’s regulation requires producers to report “any prison prosecution of the producer in any jurisdiction,” which logically consists of misdemeanors. It might not embrace site visitors citations, or different violations that aren’t thought-about prison prosecution; nonetheless, with out clear path from the Colorado DOI, we are able to’t say for certain.

What about nonresident producers in search of to resume their Colorado license after a conviction?

Colorado’s regulation makes no distinction between resident and nonresident producers in relation to reporting prison expenses and convictions. On condition that the state requires reporting prison prosecutions in any jurisdiction, we imagine nonresident producers have to report back to Colorado any prison expenses and convictions that happen in any state.

Getting your Colorado insurance coverage license again if it’s revoked

Colorado may be very specific in its regulation that the insurance coverage commissioner could revoke a producer’s license for plenty of causes involving unhealthy conduct (not simply prison convictions). It additionally permits for a producer to voluntarily give up their license in the event that they’re on this scenario and wish to keep away from license revocation and different disciplinary actions. The regulation can be clear that when this occurs, whether or not revoked or voluntarily surrendered, the producer isn’t eligible to use for a brand new Colorado insurance coverage license for 2 years following its revocation or give up.

The best way to renew my Connecticut insurance coverage license after a prison conviction

The Connecticut Insurance coverage Division follows Part 17 of the NAIC’s PLMA for reporting new prison actions. The state’s model, present in Sec. 38a-702o. reads:

• 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 not later than thirty days after the ultimate disposition of the matter. The report shall embrace a duplicate of the order, consent to order or different related authorized paperwork.

• Not later than thirty days after the preliminary pretrial listening to date, a producer shall report back to the commissioner any prison prosecution taken towards the producer in any jurisdiction. The report shall embrace a duplicate of the preliminary criticism filed, the order ensuing from the listening to and some other related authorized paperwork.

Supply: https://www.cga.ct.gov/present/pub/chap_701a.htm#sec_38a-702o

What about misdemeanors in Connecticut?

Connecticut’s regulation states a producer has to report “any prison prosecution…in any jurisdiction.” We take this to incorporate misdemeanors, although they aren’t particularly named. Whereas the umbrella time period “prison prosecution” could not embrace site visitors violations, civil expenses and convictions, or different issues, with out clear path from Connecticut we might err on the aspect of warning and report any new prison background to the state inside 30 days.

What about nonresident producers in search of to resume their Connecticut license after a conviction?

Connecticut regulation makes no distinction between resident and nonresident producers. With out this specification, we assume resident and nonresident producers alike should observe the Connecticut reporting necessities outlined in its regulation.

The best way to renew my Delaware insurance coverage license after a prison conviction

Delaware regulation – as present in 18 DE Code § 1719 (2022) – requires licensed producers to report “any prison prosecution of the licensee taken in any jurisdiction,” “any administrative motion taken towards the licensee in one other jurisdiction or by one other governmental company,” and in line with electronic mail correspondence from the Delaware Division of Insurance coverage, this consists of site visitors violations, misdemeanors, and even youngster assist actions.

The Delaware DOI requests {that a} producer add all info to the NIPR Attachments Warehouse – Reporting of Actions inside 30 days, together with court docket paperwork, statements, police experiences, and some other pertinent info. A producer who doesn’t report this stuff inside 30 days dangers their license being suspended or revoked, even when that won’t have been the choice of the DOI after reviewing the experiences.

What about misdemeanors in Delaware?

Delaware needs producers to report all new expenses and convictions inside 30 days. There isn’t an exception for site visitors violations or misdemeanors.

What about nonresident producers in search of to resume their Delaware license after a conviction?

Producers with a nonresident Delaware license ought to observe the identical procedures as resident producers. Within the case {that a} nonresident producer has already obtained approval from their resident state to proceed holding their insurance coverage license, they will add this to Delaware and the state’s market conduct division will make a dedication. Whereas Delaware doesn’t declare reciprocity with one other state’s selections, the producer’s license standing with their resident state will issue into the consideration.

The best way to renew my Florida insurance coverage license after a prison conviction

Florida has an in depth set of legal guidelines regarding insurance coverage producers with any form of prison historical past and a complete webpage dedicated to spelling out the specifics. For producers who’re already licensed when new prison expenses happen, the Florida Division of Insurance coverage will “instantly quickly droop a license or appointment when the licensee is charged with a felony enumerated in s. 626.207” – that’s, one of many crimes that comes with an automated disqualification interval that we’ll get into beneath.

In response to MyFloridaCFO, some crimes lead to a everlasting ban on a producer’s capacity to carry an insurance coverage license, whereas others lead to a seven-year or 15-year disqualification interval. For these crimes that aren’t trigger for a everlasting ban, somebody can apply (or reapply) for a Florida insurance coverage license on the finish of the disqualification interval, although the state reserves the correct to disclaim the appliance.

In Florida, being convicted of the next crimes (though this isn’t a complete record) means you possibly can by no means once more maintain an insurance coverage license:

• Any capital felony
• Any felony instantly associated to monetary companies enterprise
• Any first-degree felony
• Counterfeiting monetary companies devices
• Embezzlement
• False statements concerning monetary companies transactions
• Cash laundering
• Sale of unregistered securities

The next crimes (which is probably not a whole record) will get an insurance coverage producer a 15-year disqualification, and that interval begins “upon the applicant’s last launch from supervision or upon completion of the applicant’s prison sentence, together with fee of fines, restitution, and court docket prices for the crime for which the disqualifying interval applies.”

• Abuse of an aged particular person
• Aggravated assault
• Aggravated battery
• Aggravated fleeing and eluding (excessive velocity or demonstrating wanton disregard)
• Aggravated stalking
• Arson
• Battery on regulation enforcement officer involving intentional bodily damage
• Bomb risk or putting a bomb
• Breaking and coming into
• Bribery
• Housebreaking (relying on circumstances) or housebreaking of an occupied dwelling
• Little one abuse
• Little one molestation
• Counterfeiting non-financial companies devices)
• Dealing in stolen property
• Escape
• Extortion
• False assertion (non-financial companies transactions)
• Felony battery strangulation
• Forgery
• Fraud (not associated to monetary companies enterprise)
• Grand larceny
• Grand theft
• Introduction of contraband right into a detention facility (sure circumstances)
• Kidnapping
• Leaving the scene of an accident with accidents
• Manslaughter
• Homicide
• Passing nugatory financial institution verify (greater than $500)
• Perjury
• Possession of medication with intent to promote/ship/and so forth.
• Rape
• Receiving stolen property
• Resisting arrest or resisting an officer with violence
• Theft
• Sexual battery/sodomy
• Tampering with proof
• Tax evasion
• Theft/larceny
• Transmission of wagering info in interstate and international commerce
• Use or possession of ID of one other particular person with out consent
• Vehicular murder

Lastly, the next crimes (once more, Florida caveats, this isn’t a whole record) will get an insurance coverage producer a seven-year disqualification, and that interval begins “upon the applicant’s last launch from supervision or upon completion of the applicant’s prison sentence, together with fee of fines, restitution, and court docket prices for the crime for which the disqualifying interval applies.”

• Battery on regulation enforcement officer (not involving intentional bodily damage)
• Housebreaking (relying on circumstances)
• Carrying a hid weapon
• Little one neglect
• Felony mischief
• Home violence
• Driving beneath affect/driving whereas intoxicated
• Driving whereas license suspended/revoked
• Felony battery
• Fleeing and eluding (lights and sirens)
• Introduction of contraband right into a detention facility (sure circumstances)
• Passing a nugatory financial institution verify of $500 or much less
• Possession of medication
• Possession of firearm by ex-felon
• Resisting arrest or resisting an officer with out violence
• Sale of fireworks
• Solicitation of prostitution
• Trespassing

What about misdemeanors in Florida?

Florida regulation requires an insurance coverage producer to report in writing to the state inside 30 days “after pleading responsible or nolo contendere to, or being convicted or discovered responsible of, any felony or against the law punishable by imprisonment of 1 12 months or extra beneath the regulation of the US or of any state thereof, or beneath the regulation of some other nation with out regard as to whether a judgment of conviction has been entered by the court docket having jurisdiction of the case.”

The above description could embrace some extra severe misdemeanors, however seems to say that in the event you’re convicted of against the law that’s not punishable by a 12 months or extra in jail, you aren’t required to report it to the state.

For sure misdemeanors, nonetheless, Florida may be very particular. The state imposes a seven-year disqualification interval on anybody convicted of a misdemeanor “instantly associated to the monetary companies enterprise or any misdemeanor instantly associated to any violation of the Florida Insurance coverage Code.”

What about nonresident producers in search of to resume their Florida license after a conviction?

Florida’s legal guidelines are clear about needing to report crimes to the state no matter what jurisdiction they occurred in. It seems as if Florida will implement its guidelines and never grant nonresident licenses primarily based on them no matter whether or not a producer can nonetheless receive a license of their resident state.

The best way to renew my Georgia insurance coverage license after a prison conviction

In response to Georgia Code § 33-23-21 (2022), a licensed producer should “report back to the Commissioner any prison prosecution of the applicant or licensee taken in any jurisdiction. The report shall embrace a duplicate of the preliminary criticism filed, the order ensuing from any listening to that has taken place, and some other related authorized paperwork. Such report should be filed with the appliance or inside 30 days of the date of arrest.” Failing to take action will lead to suspension or revocation of your Georgia insurance coverage license, so reporting any new prison expenses by importing paperwork to Georgia’s Producer and Company Portal is step one.

Except for that preliminary reporting requirement, Georgia regulation additionally says that it’ll revoke a producer’s license if they’ve “been convicted of any felony or of any crime involving ethical turpitude within the courts of this state or some other state, territory, or nation or within the courts of the US.” This wording gives the look that Georgia doesn’t grant 1033 waivers for producers convicted of these crimes who wish to hold their licenses.

Georgia clarifies that the licensee will likely be handled as if the crime have been a felony, even when it was dedicated in one other state by which it’s not a felony, if Georgia regulation considers it such. The regulation additionally specifies that an insurance coverage producer received’t escape license revocation even when they’re handled by the courts as a “first offender,” which can embrace their sentence being lighter, suspended (probation solely), or dropped fully. In Georgia, in the event you do the crime (even in the event you don’t do the time), you’re nonetheless probably going to lose your insurance coverage license.

What about misdemeanors in Georgia?

Georgia regulation doesn’t distinguish between felonies, misdemeanors, or different kinds of prison expenses and convictions. It might be secure to imagine that the reporting necessities apply to each kind of crime, and since Georgia is so severe concerning the penalties for not reporting prison prosecution, you’re higher secure than sorry.

What about nonresident producers in search of to resume their Georgia license after a conviction?

Georgia regulation makes no distinction between resident and nonresident producers. With out this specification, we assume resident and nonresident producers alike should observe the Georgia reporting necessities outlined in its regulation.

What to do when you’ve got new prison expenses or convictions

As we’ve made our manner by way of the primary 10 states on our record, one factor’s grow to be clear. Each state requires insurance coverage producers to report new prison exercise to the insurance coverage commissioner or division of insurance coverage, and to take action inside 30 days. Past that, the specifics range.

Whether or not there’re exceptions to the kinds of crimes that have to be reported, whether or not a producer must report expenses or solely convictions, and what the possibilities are you could hold an energetic license after reporting any kind of prison 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 in the event you’re an insurance coverage producer dealing with prison expenses or convictions, your finest wager will likely be to seek the advice of together with your lawyer and your state’s DOI on to ensure you fulfill any necessities. Doing nothing is assured to land you in additional bother than following the state’s reporting necessities.

To study extra concerning the nuances of state-by-state insurance coverage compliance, try our free Compliance Library the place we’ve completed the analysis for you. If you happen to’re able to make compliance streamlined and automated at your insurance coverage company, provider, MGA, or MGU, see how AgentSync can assist.

Subsequent Up: Half 2 – Hawaii by way of Maryland

Subjects
California
Florida
Fraud
Georgia
Connecticut
Alabama
Arkansas
Colorado
Alaska
Delaware
Arizona