CHAPTER
Ins 1300 PRODUCERS AND ADJUSTERS
Statutory
Authority: RSA 400-A:11, I.; 400-A:15,
REVISION NOTE:
Document
#8934, effective 8-1-07, made extensive changes to the wording, format,
structure, and numbering of rules in Chapter Ins 1300. Document #8934 deleted the former Part Ins
1303 entitled “Fiduciary Obligation of Agents and Brokers”, but Document #8935,
also effective 8-1-07, adopted Chapter Ins 4300 entitled “Fiduciary Obligation
of Producers” containing rules from the former Part Ins 1303. See Chapter Ins 4300 for all subsequent
filings in that area.
Documents
#8934 and #8935 supersede all prior filings for the former Chapter Ins
1300. The filings affecting the former
Chapter Ins 1300 include the following documents:
#1900,
eff 1-1-82
#4176,
eff 12-2-86
#4287,
eff 7-1-87
#4492,
eff 9-23-98
#5227,
eff 9-23-91
#5650,
eff 7-1-93
#7029,
eff 7-1-99, INTERIM
#7124,
eff 10-29-99
PART Ins
1301 CONTINUING EDUCATION GENERAL INFORMATION
Ins 1301.01 Purpose and
Applicability.
(a) The
purpose of this rule is to provide
criteria and requirements for continuing education.
(b) This
rule shall apply to all:
(1) Resident
producers;
(2) Resident
adjusters; and
(3) Adjusters who
chose New Hampshire as their designated home state as these adjusters
shall be considered residents for continuing education purposes of property and
casualty insurance, including workers' compensation.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07; ss by #10862, eff 8-1-15; ss by #13546, eff 1-31-23
Ins
1301.02 Definitions.
(a) “Adjuster”
means:
(1) A public
adjuster licensed by the department pursuant to RSA 402-D; and
(2) An insurance
claims adjuster licensed by the department pursuant to RSA 402-B.
(b) “Commissioner”
means the insurance commissioner of the state of New Hampshire.
(c) “Department”
means the New Hampshire insurance department.
(d) “Insurance
producer” means an individual licensed by the New
Hampshire insurance department pursuant to RSA 402-J.
(e) “Insurer”
means an insurance company licensed or authorized to do business in the state
of New Hampshire.
(f) “Producer”
means insurance producer.
(g) “Self-study
course” means a course that can be completed by self-study, independent reading,
or online courses.
(h) “Sponsoring
organization” means the organization that is preparing and presenting a
continuing education program.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07; ss by #10862, eff 8-1-15; ss by #13546, eff 1-31-23
PART Ins 1302 CONTINUING EDUCATIONAL REQUIREMENTS FOR
PRODUCERS AND ADJUSTERS
Ins
1302.01 Purpose. The
purpose of this part is to establish requirements and standards for continuing
education programs for a person licensed as a:
(a) Resident
producer;
(b) Public
adjuster; and
(c) Insurance
claims adjuster.
Source. (See Revision Note at chapter hea; ss by
#13546, eff 1-31-23ding for Ins 1300) #8934, eff 8-1-07; ss by #10862, eff
8-1-15; ss by #13546, eff 1-31-23
(a) This part shall apply to producers licensed in the
following line(s) of insurance:
(1) Life
insurance, including annuities;
(2) Variable
contracts, including annuities;
(3) Sickness,
accident and health insurance; and
(4) All
lines of property and casualty insurance.
(b) This part shall apply to persons licensed as:
(1) A public
adjuster; and
(2) An
insurance claims adjuster.
(c) This part shall not apply to a nonresident holding
a producer license in this state and for which an examination is not required
by law or rule in their state of domicile, if the nonresident producer’s home
state recognizes the satisfaction of this state’s education requirements on the
same basis. This part shall not apply
to persons engaged in the sale of physical damage only, motor vehicle warranty,
travel accident, home warranty, or title insurance.
Source.
(See Revision Note at chapter heading
for Ins 1300) #8934, eff 8-1-07; ss by #10862, eff 8-1-15; ss by #13546, eff 1-31-23
Ins
1302.03 Educational Requirements For Producers.
(a) Every
resident producer seeking renewal of a license shall have satisfactorily completed
courses or programs of
instruction or attended seminars during the preceding 24 months, no later than
60 days prior to the required renewal date, equivalent to 24 continuing
education hours of instruction that have been previously approved by the
commissioner pursuant to Ins 1303.
(b) Course
certification shall be submitted to the department by the administrator of the
department's continuing education programs
on behalf of the applicant. However, each applicant shall be responsible for
submitting the certification documentation required to be provided to them by
Ins 1303.06 for inspection by the commissioner upon request.
(c) The
courses or programs of instructions successfully completed with a passing grade
deemed to meet the requirements for the
biennial period shall be:
(1) Any part of the
Life Underwriter Training Council Fellowship LUTCF Designation Program;
(2) Any part of the
Chartered Life Underwriter (CLU), Chartered Financial Consultant (ChFC), or
Certified Financial Planner (CFP) diploma curriculum;
(3) Completion of
any part of the American Institute for Property and Liability Underwriters
diploma curriculum;
(4) Any part of the
Certified Insurance Counselor diploma program; or
(5) Any part of the
Insurance Institute of America diploma curriculum.
(d) Programs or
curricula for continuing education credit enumerated in Ins 1302.03(c) shall be
subject to the course evaluation criteria and accreditation as
required in Ins 1303.03 and Ins 1303.05.
(e) Continuing
education credits shall not be given for any course that:
(1) Does not
provide at least 50 minutes of classroom instruction for each
continuing education credit assigned unless such course is a self-study course
as determined by the continuing education council; and
(2) Is duplicated
in the same license renewal period.
(f) Of
the 24 continuing education hours required in (a) above, at least 3 hours, but
no more than 10 hours, shall consist
of courses approved for ethics credit.
(g) Successful passage of
the state producer licensing exam shall satisfy the ensuing renewal.
Source.
(See Revision Note at chapter heading
for Ins 1300) #8934, eff 8-1-07; ss by #10862, eff 8-1-15; ss by #13546, eff 1-31-23
Ins
1302.04 Educational
Requirements for Insurance Claims
Adjusters and Public Adjusters.
(a) Every
insurance claims adjuster seeking renewal of a license shall, during the
preceding 24 months, satisfactorily complete courses or programs
of instruction or attend seminars equivalent to 24 continuing education hours
of instruction, including a minimum of 3 hours of ethics, that have been
approved by the commissioner.
(b) For insurance claims
adjusters adjusting workers' compensation claims, of the 24 hours
required in (a) above, 10 hours shall inform the licensee of the current
workers’ compensation laws of this state, 3 hours of ethics, and the remaining
hours shall be in any other preapproved multi-line claims adjusters course of
instruction pursuant to Ins 1303.
(c) Every
public adjuster seeking renewal of a license shall during the preceding 24
months satisfactorily complete courses or programs of instruction or attend
seminars equivalent to 15 continuing education hours of instruction, including
3 hours of ethics, that have been approved by the commissioner pursuant to Ins
1303.
(d) Continuing education
credits shall not be given for any course which does not provide at least 50
minutes of classroom instruction for each continuing education credit assigned
unless such course is a self-study course.
(e) Successful passage
of the state insurance claims adjuster licensing exam shall satisfy the ensuing
renewal.
(f) Successful passage
of the state public adjuster licensing exam shall satisfy the ensuing renewal.
(g) Continuing
education credits shall not be given for duplicative course work in the same renewal
period.
(h) Certifications shall
be submitted to the department by the administrator of the department's
continuing education programs on behalf of the applicant. However, each
applicant shall be responsible for submitting the certification documentation
required to be provided to them by Ins 1303.06 for inspection by
the commissioner upon request.
(i) A
nonresident insurance claims adjuster's or public adjuster's
satisfaction of their home state's continuing education requirements for
licensed insurance claims adjusters or public adjusters shall constitute
satisfaction of this state's continuing education requirements if the
nonresident insurance claims adjuster's or public adjuster's home
state recognizes the satisfaction of its continuing education requirements
imposed upon insurance claims adjusters or public adjusters from this state on
the same basis.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07; ss by #10862, eff 8-1-15; amd by #12973, eff 1-13-20; ss by #13546, eff 1-31-23
Ins
1302.05 Penalty. Any person failing to meet the
requirements imposed by this rule and who has not been granted an extension of
time within which to comply pursuant to Ins 1305 hereof shall be subject to the
provisions of RSA 400-A:15 and Ins 200, as applicable, and no further license
shall be issued to such person for any kind or kinds of insurance until such
time as such person shall have demonstrated compliance with all the
requirements of this part and all other laws applicable thereto.
Source.
(See Revision Note at chapter heading
for Ins 1300) #8934, eff8-1-07; ss by #10862, eff 8-1-15; ss by #13546, eff 1-31-23
PART Ins 1303 CONTINUING EDUCATION COUNCILS, COURSES
AND APROVALS
Ins
1303.01 Purpose and Applicability.
(a) The purpose of
this part is to establish criteria and membership for the continuing education
advisory councils, continuing education courses, and course approvals.
(b) This
part shall be applicable to the:
(1) Continuing
education advisory councils;
(2) Course
sponsoring organizations; and
(3) Students.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07; ss by #10862, eff 8-1-15; ss by #13546, eff 1-31-23
Ins 1303.02 Continuing Education Advisory Councils.
(a) There
shall be hereby established 2 continuing education advisory councils, as
follows:
(1) One
continuing education advisory council shall be for producers. This council
shall be known as the “producers' council”; and
(2) The
second continuing education advisory council shall be for licensed claims
adjusters and public adjusters. This council shall be known as the “adjusters'
council”.
(b) The producers’ council
shall consist of a total of 12 members drawn from the National Association of
Insurance and Financial Advisors of New Hampshire, the New Hampshire Insurance
Agents Association, the Professional Insurance Agents of New Hampshire, and
producers for direct writers.
(c) The adjusters’ council
shall consist of a minimum of 6 members, with at least one member representing
public adjusters.
(d) All council members
shall be appointed by the commissioner and shall serve for a 2 year term. The
terms of the current members shall continue until the expiration of their
respective terms.
(e) The councils shall
meet at least once a year and additionally as required.
(f) The councils shall advise
the commissioner on the plans and operation of the continuing education
programs established by this part.
(g) For each council, 3 members
shall constitute a quorum for the purposes of conducting meetings and making
recommendations to the commissioner.
Source.
(See Revision Note at chapter heading for Ins 1300) #8934, eff 8-1-07;
ss by #10862, eff 8-1-15; amd by #12973, eff 1-13-20; ss by #13546, eff 1-31-23
Ins
1303.03 Criteria.
(a) The
continuing education advisory councils shall review and evaluate courses
submitted for continuing education credit hours and recommend to the
commissioner an appropriate number of continuing education hours for each
course submitted. The commissioner shall
then assign to each course the number of continuing education credit hours. In
order to secure review and evaluation of the course by the continuing education
advisory councils, submission shall be made at least 45 days prior to
commencement of the program.
(b) The
course review and evaluation by the continuing education advisory council(s)
shall result in a recommendation for approval by the commissioner of
an appropriate number of continuing education hours for each complete course
submission made, provided the following criteria are met:
(1) A clear and
concise statement of purpose, goals, and objectives;
(2) The level of
knowledge the participant should obtain upon completion;
(3) Program
relevancy;
(4) Contribution to
the professional competence of the participant;
(5) Maintenance
of records of attendance and successful completion of their program; and
(6) The program’s
attempt to assess its effectiveness in accomplishing its purpose, goals, and
objectives.
Source.
(See Revision Note at chapter heading
for Ins 1300) #8934, eff 8-1-07; ss by #10862, eff 8-1-15
Ins
1303.04 Compliance.
(a) The
sponsoring organization shall maintain records of all continuing education
hours obtained through the sponsoring organization's programs for 6
years.
(b) Every
sponsoring organization shall, on behalf of the successful student, furnish to
the administrator of the department's continuing education program
written certification as to the courses, programs, or seminars of instruction
taken and successfully completed by such person. Such certification shall be executed
by or on behalf of the sponsoring organization.
(c) The sponsor shall
offer only those courses and curricula that have received properly pre-approved
designation pursuant to this part.
Source.
(See Revision Note at chapter heading
for Ins 1300) #8934, eff 8-1-07; ss by #10862, eff 8-1-15; ss by #13546, eff 1-31-23
Ins
1303.05 Course Approval.
(a) A
sponsoring organization applying for continuing education course approval shall
submit a course application containing the following:
(1) Name of
sponsoring organization;
(2) Title of
course;
(3) Course
objective;
(4) Major
course topic;
(5) Course length;
(6) States that
have approved the course;
(7) Type of course;
(8) Teaching
method;
(9) Method of
evaluation;
(10) Method to
verify attendance;
(11) Description of
permanent records; and
(12) Name of
contact person.
(b) No
continuing education course or program for continuing education credit shall be
conducted until the course or program has been approved by the
commissioner.
(c) No
course completion certificate shall be issued until the sponsor has complied
with all provisions of Ins 1303.03 and Ins 1303.05.
(d) Any
sponsor who fails to meet the requirements of this section or fails to comply
with these rules shall not have their courses approved and no further
accreditation shall be issued to such sponsor for any course or program until
such time as such sponsor shall have demonstrated compliance with all the
requirements of these rules and all other laws applicable thereto.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07; ss by #10862, eff 8-1-15; ss by #13546, eff 1-31-23
Ins
1303.06 Course Completion Certificate. Each
sponsoring organization shall provide to each student a course completion
certificate for each course receiving continuing education credit containing
the following:
(a) Sponsoring
organization;
(b) Course number;
(c) Course
title;
(d) Date of course;
(e) Total continuing education
hours;
(f) Name of student;
and
(g) Certification by
sponsoring organization.
Source.
(See Revision Note at chapter heading
for Ins 1300) #8934, eff 8-1-07; ss by #10862, eff 8-1-15; ss by #13546, eff 1-31-23
Ins
1303.07 Continuing Education Course List.
(a) It
shall be the responsibility of the student to ascertain the approved status of
a course or program being offered.
(b) Credit
shall not be given to any student who completes an unapproved course or
program.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07; ss by #10862, eff 8-1-15; ss by #13546, eff 1-31-23
PART
Ins 1304 ONE TIME FLOOD INSURANCE TRAINING REQUIREMENT
Ins
1304.01 Purpose. The purpose of this part is to
establish requirements for flood insurance education training for a resident
individual person licensed as a producer with property and casualty line of
authority with an effective date on or after January 1, 2008.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07; ss by #10862, eff 8-1-15; ss by #13546, eff 1-31-23
Ins
1304.02 Applicability. This part shall apply to
all licensed resident individual producers with property and casualty line of
authority whether or not they have attempted to place, have placed, or intend
to place flood insurance through the National Flood Insurance Program (NFIP).
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07; ss by #10862, eff 8-1-15; ss by #13546, eff 1-31-23
Ins
1304.03 Educational Requirements.
(a) Notwithstanding
any other requirement in this chapter, each individual producer who is issued a
property and casualty line of authority on or after January 1, 2008, and in
accordance with RSA 402-J shall complete a basic flood insurance course
approved by the department pursuant to Part Ins 1303.
(b) Courses
satisfying this part shall be:
(1) Listed on the
department's list of approved continuing education courses; and
(2) Identified with
the prefix “FEMA”.
(c) This
educational requirement shall be completed within one calendar year of the
effective date of the property and casualty line of authority.
(d) The
producer, upon course completion, shall:
(1) Retain the
completion certificate indefinitely; and
(2) Produce the
certificate for inspection at the commissioner's request.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07; ss by #10862, eff 8-1-15; ss by #13546, eff 1-31-23
Ins
1304.04 Penalty. A resident individual producer
failing to meet the requirements of this part shall be subject to the penalty
provisions of Ins 1302.05.
Source. (See Revision Note at chapter heading for Ins
1300) #8934, eff 8-1-07; ss by #10862, eff 8-1-15; ss by #13546, eff 1-31-23
Ins 1305.01 Waiver of Rules.
(a) The commissioner, upon the
commissioner’s own initiative or upon request by an insurer, shall waive any
requirement of this part if such waiver does not contradict the objective or
intent of the rule and:
(1) Applying
the rule provision would cause confusion or would be misleading to consumers;
(2) The
rule provision is in whole or in part inapplicable to the given circumstances;
(3) There
are specific circumstances unique to the situation such that strict compliance
with the rule would be onerous without promoting the objective or intent of the
rule provision; or
(4) Any
other similar extenuating circumstances exist such that application of an
alternative standard or procedure better promotes the objective or intent of
the rule provision.
(b) No requirement prescribed
by statute shall be waived unless expressly authorized by law.
(c) Any person or entity
seeking a waiver shall make a request in writing to the commissioner.
(d) A
request for a waiver shall specify the basis for the waiver and proposed alternative,
if any.
(e) Waivers that are granted shall be in effect
for the period of time requested and approved by the commissioner.
Source. #12973, eff 1-13-20; ss by #13546,
eff 1-31-23
APPENDIX
Rule |
Statute |
Ins
1301.01 |
RSA
400-A:15, I; 402-B; 402-D; 402-J |
Ins
1301.02 |
RSA
400-A:15, I; 402-D:2; 402-J:2 |
Ins
1302.01 |
RSA
400-A:15, I; 402-B:5-a; 402-D:4-a |
Ins
1302.02 |
RSA
400-A:15, I; 402-J:16, II |
Ins
1302.03 |
RSA
400-A:15, I; 402-J:7, II |
Ins
1302.04 |
RSA
400-A:15, I; 402-B:5-a; 402-D:4; 402-D:12 |
Ins
1302.04(a) – (c) |
RSA
400-A:15, I; RSA 402-B:5-a; 402-D:12 |
Ins
1302.05 |
RSA
400-A:15, I; 402-B:6 |
Ins
1303.01 |
RSA
400-A:15, I; 402-B; 402-D; 402-J |
Ins
1303.02 |
RSA
400-A:11; 400-A:15, I; 402-B:6; 402-D:20; 402-J:18 |
Ins
1303.02(g) |
RSA
400-A:15, I; 400-A:11 |
Ins
1303.03 |
RSA
400-A:11; 400-A:15, I; 402-B:6; 402-D:20; 402-J:18 |
Ins
1303.04 |
RSA
400-A:11; 400-A;15, I; 402-B:6; 402-D:20; 402-J:18 |
Ins
1303.05 |
RSA
400-A:11, 400-A;15, I; 402-B:6; 402-D:20; 402-J:18 |
Ins
1303.06 |
RSA
400-A;11; 400-A;15, I; 402-B:6; 402-D:20; 402-J:18 |
Ins
1303.07 |
RSA
400-A:11; 400-A:15, I; 402-B:6; 402-D:20; 402-J:18 |
Ins
1304.01 |
RSA
400-A:15, I; 402-J:16; 402-J:18 |
Ins
1304.02 |
RSA
400-A;15, I; 402-J:16; 402-J:18 |
Ins
1304.03 |
RSA
400-A;15, I; 402-J:16; 402-J:18; 70 FR 52117 |
Ins
1304.04 |
RSA
400-A:15, I; 402-J:7; 402-J:12 |
Ins
1305.01 |
RSA
400-A;15, I; RSA 541-A:22, IV |