How to Renew Your Insurance License with a Criminal Background Part 1: Alabama by way of Georgia

This put up is a part of a sequence sponsored by AgentSync.

Insurance licenses will be laborious to get and maintain, even for these with probably 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 felony historical past?

Ironically, even going from having a felony report to not having one could cause an issue for insurance coverage licenseholders (see our protection of Michigan’s Clean Slate regulation and the challenges of automated felony report expungement). However, extra generally, somebody with an insurance coverage license could become involved within the felony justice system and have new costs 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 felony background to each state they’re licensed in. Every single state requires producers to tell them inside 30 days of latest costs, convictions, or administrative actions – though the specifics of how to try this change state to state.

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

A federal regulation with state-by-state enforcement

At first look, you would possibly assume there’s a easy reply to the problem of how an insurance coverage agent must proceed with their license renewal in the event that they’ve received a brand new felony historical past to report. That’s as a result of there’s really a federal regulation known as 18 U.S.C. 1033 that governs “crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce.”

This regulation declares that it’s a federal offense for somebody who’s been convicted of a felony 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 type of felony historical past (theoretically) wants a 1033 waiver from their resident state’s insurance coverage commissioner (and sometimes from their nonresident license states as effectively).

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

Just a couple of examples embody:

• Florida: The state doesn’t grant 1033 consents. Therefore, somebody with a felony 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 felony costs and convictions. Using this manner, 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 depart the judgment name to the producer as as to whether their crime qualifies as one which wants a 1033 consent. If you assume you want one, you must apply for one. If you don’t assume you want one and proceed promoting insurance coverage, and the state has a special 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 costs 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*.

*Remember, we’re speaking about crimes that don’t fall below the necessity for a 1033 waiver. However, you’ll see loads of mentions of the 1033 waiver as a result of, typically, the state needs all the knowledge earlier than figuring out if one is required.

And then there’s the Producer Licensing Model Act

Before we dive into how every state offers with producers reporting new felony exercise of their backgrounds, it’s additionally related to notice that the National Association of Insurance Commissioners (NAIC) offers with this in its Producer Licensing Model Act (PLMA). While that is mannequin laws, and never a regulation, many states use it – or no less than base their very own legal guidelines on the NAIC’s mannequin.

According to Section 17 of the PLMA, a producer should report any new felony and administrative actions taken in opposition to them by any state, jurisdiction, or governmental company inside 30 days. While every state could interpret or implement this in its personal approach, many states base their felony 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 are taking nothing else away from this text, know that you just’re higher off reporting any new costs, convictions, or administrative actions to your resident and nonresident license states as quickly as potential. Each state permits the producer to offer context surrounding the costs or convictions for consideration. Few states have laborious and quick guidelines that instantly disqualify a producer.

Jump to a state

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

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

How to resume my Alabama insurance coverage license after a felony conviction

According to the Alabama Department of Insurance, “Conviction of any felony can be a ground for denial, non-renewal, suspension, or revocation of a license.”

So that the Alabama Insurance Commissioner can decide whether or not to grant or renew an insurance coverage license, anybody with a felony cost or conviction has to finish the state’s “Criminal History Disclosure Form.” The insurance coverage commissioner then makes use of the detailed info collected on this type to determine whether or not to “grant, renew, or allow retention of a license; to decide whether written consent under 18 U.S.C. § 1033 is required; and to decide whether to grant written consent for purposes of 18 U.S.C. § 1033, if required.”

When to finish the Criminal History Disclosure type

Alabama requires the insurance coverage license holder to report any new arrests, costs, 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 could be a disqualifying issue for working in insurance coverage, whereas misdemeanors aren’t (essentially). You nonetheless must report misdemeanor costs and convictions, together with authorized troubles categorised as administrative actions, however it seems much less probably you’ll be denied an insurance coverage license renewal due to them.

What about nonresident producers searching for to resume their Alabama license after a conviction?

Alabama’s tackle that is all about reciprocity. If you’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 maintain working in insurance coverage, then Alabama will usually honor that call so long as your state additionally has a coverage of reciprocating Alabama’s determinations on this matter with regards to its resident producers within the different state.

It received’t shock you, although, that you just nonetheless want to finish Alabama’s Criminal History Disclosure type to start out the method of reciprocity on your resident state’s 1033 waiver or its willpower that none is required.

How to resume my Alaska insurance coverage license after a felony conviction

According to Alaska’s Division of Insurance, “If you have a misdemeanor, felony or other criminal offense on your record, qualifying for a license will be determined on a case-by-case basis.” 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 “within 30 days of the final disposition of the action” and reporting will be by way of mail, e-mail, or importing to the NIPR Attachments Warehouse – Reporting of Actions. Email correspondence from the Alaska DOI additionally clarifies that the state requires army convictions to be reported similar to felony and civil convictions.

To fulfill Alaska’s reporting necessities, use the net NIPR Attachments Warehouse – Reporting of Actions. The state additionally imposes late charges if a licensed agent stories a felony 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 stories submitted greater than 120 days after the deadline.

What about misdemeanors in Alaska?

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

In Alaska, you do not need to report:

• Misdemeanor visitors citations
• Misdemeanor driving below 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 courtroom

Source: https://www.commerce.alaska.gov/web/ins/Producers/CriminalOffense.aspx

What about nonresident producers searching for to resume their Alaska license after a conviction?

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

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

One closing be aware on insurance coverage licensing and felony convictions in Alaska

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

Any individual 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 felony sanctions

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

How to resume my Arizona insurance coverage license after a felony conviction

Arizona doesn’t have complete on-line documentation for the way a producer ought to go about reporting new felony background info. However, in keeping with correspondence with the Arizona Department of Insurance and Financial Institutions Insurance Licensing Section, Arizona’s procedures are in keeping with the NAIC’s PLMA for reporting new felony actions.

This means Arizona requires all producers, each resident and nonresident, to “report to the commissioner any criminal prosecution of the producer taken in any jurisdiction,” inside 30 days. Arizona doesn’t require this info in a selected format; paperwork simply should be uploaded to the NIPR Attachments Warehouse – Reporting of Actions. The info 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 searching for to resume their Arizona license after a conviction?

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

How to resume my Arkansas insurance coverage license after a felony conviction

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

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

Specifically, the Arkansas Department of Insurance advises producers to verify they add:

For misdemeanors:

• A press release concerning the occasions that led to the cost
• The decision doc that reveals all stipulations of the courtroom had 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 (be aware: if adjudication hasn’t been accomplished, you received’t have this)
• The decision doc that reveals all stipulations of the courtroom had been met (be aware: 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 felony background by importing to the NIPR Attachments Warehouse – Reporting of Actions must also e-mail insurance coverage.license@arkansas.gov 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. Everyone ought to observe the procedures outlined within the earlier part, and Arkansas didn’t be aware any exceptions to sorts of crimes that should be reported.

What about nonresident producers searching for 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 effectively. In 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.

How to resume my California insurance coverage license after a felony conviction

According to California Insurance Code Section 1729.2, an insurance coverage producer who has a change of their background should report the change inside 30 days utilizing California’s Background Information Change Disclosure Form.

There are further types relying on whether or not the individual finishing it’s a person, a enterprise entity, director or officer of a enterprise entity, or different position. Read extra particulars right here.

What’s thought of 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 Department of Insurance.

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

• A misdemeanor or felony conviction;
• A submitting of felony felony costs in state or federal courtroom;
• 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 normal agent or premium finance firm; and
• Any admission, or judicial discovering or willpower, of fraud, misappropriation or conversion of funds, misrepresentation, or breach of fiduciary obligation.

Source: https://www.insurance.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 individual’s background on a case-by-case foundation and there aren’t any laborious 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 (be aware: the state doesn’t require you to report misdemeanor costs, whereas it does require you to report felony costs).

What about nonresident producers searching for to resume their California license after a conviction?

California regulation states “any and all resident and nonresident producer licensees and applicants who intend to transact in the business of insurance” in addition to “unlicensed officers, directors, and controlling persons” are required to make use of the Background Information Change Disclosure Form to report adjustments in background inside 30 days.

If you’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 have to 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 closing be aware on insurance coverage licensing and felony convictions in California

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

Further, it’s a felony offense for any individual to willfully make use of, or willfully allow, such “prohibited persons” to take part within the enterprise of insurance coverage with out the required written consent. A “Prohibited Person” could also be an officer, director or worker of an insurance coverage company or an insurance coverage firm, an agent, solicitor, dealer, marketing consultant, third social gathering administrator, managing normal agent, or subcontractor representing an insurance coverage company or insurance coverage firm who engages in or transacts the enterprise of insurance coverage.

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

How to resume my Colorado insurance coverage license after a felony conviction

According to Colorado regulation, CO Code § 10-2-801 (2022), “The commissioner may place an insurance producer on probation; suspend, revoke, or refuse to issue, continue, or renew an insurance producer license; order restitution to be paid from an insurance producer; or assess a civil penalty” for quite a lot of causes. Several of those causes embody being convicted of a misdemeanor or felony “involving moral 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 felony historical past. Specifically:

“Within thirty days after the initial pretrial hearing date, a producer or business entity shall report to the commissioner any criminal prosecution of the producer in any jurisdiction. The report shall include a copy of the initial complaint, the order resulting from the hearing, and any other relevant legal documents”

Source: https://law.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 these things, 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 criminal prosecution of the producer in any jurisdiction,” which logically consists of misdemeanors. It could not embody visitors citations, or different violations that aren’t thought of felony prosecution; nonetheless, with out clear path from the Colorado DOI, we will’t say for certain.

What about nonresident producers searching for to resume their Colorado license after a conviction?

Colorado’s regulation makes no distinction between resident and nonresident producers with regards to reporting felony costs and convictions. Given that the state requires reporting felony prosecutions in any jurisdiction, we consider nonresident producers must report back to Colorado any felony costs and convictions that happen in any state.

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

Colorado could be very express in its regulation that the insurance coverage commissioner could revoke a producer’s license for numerous causes involving dangerous habits (not simply felony convictions). It additionally permits for a producer to voluntarily give up their license in the event that they’re on this scenario and need to keep away from license revocation and different disciplinary actions. The regulation can also 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.

How to resume my Connecticut insurance coverage license after a felony conviction

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

• A producer shall report back to the commissioner any administrative motion taken in opposition to 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 embody a replica 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 felony prosecution taken in opposition to the producer in any jurisdiction. The report shall embody a replica of the preliminary criticism filed, the order ensuing from the listening to and every other related authorized paperwork.

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

What about misdemeanors in Connecticut?

Connecticut’s regulation states a producer has to report “any criminal prosecution…in any jurisdiction.” We take this to incorporate misdemeanors, despite the fact that they aren’t particularly named. While the umbrella time period “criminal prosecution” could not embody visitors violations, civil costs and convictions, or different issues, with out clear path from Connecticut we’d err on the aspect of warning and report any new felony background to the state inside 30 days.

What about nonresident producers searching for to resume their Connecticut license after a conviction?

Connecticut regulation makes no distinction between resident and nonresident producers. Without this specification, we assume resident and nonresident producers alike should observe the Connecticut reporting necessities outlined in its regulation.

How to resume my Delaware insurance coverage license after a felony conviction

Delaware regulation – as present in 18 DE Code § 1719 (2022) – requires licensed producers to report “any criminal prosecution of the licensee taken in any jurisdiction,” “any administrative action taken against the licensee in another jurisdiction or by another governmental agency,” and in keeping with e-mail correspondence from the Delaware Department of Insurance, this consists of 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 courtroom paperwork, statements, police stories, and every other pertinent info. A producer who doesn’t report these things inside 30 days dangers their license being suspended or revoked, even when that will not have been the choice of the DOI after reviewing the stories.

What about misdemeanors in Delaware?

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

What about nonresident producers searching for to resume their Delaware license after a conviction?

Producers with a nonresident Delaware license ought to observe the identical procedures as resident producers. In 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 willpower. While 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.

How to resume my Florida insurance coverage license after a felony conviction

Florida has an in depth set of legal guidelines regarding insurance coverage producers with any type of felony historical past and a complete webpage dedicated to spelling out the specifics. For producers who’re already licensed when new felony costs happen, the Florida Department of Insurance will “immediately temporarily suspend 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.

According to MyFloridaCFO, some crimes end in a everlasting ban on a producer’s potential to carry an insurance coverage license, whereas others end in 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 precise to disclaim the appliance.

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

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

The following crimes (which might not be an entire checklist) will get an insurance coverage producer a 15-year disqualification, and that interval begins “upon the applicant’s final release from supervision or upon completion of the applicant’s criminal sentence, including payment of fines, restitution, and court costs for the crime for which the disqualifying period applies.”

• Abuse of an aged individual
• 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 harm
• Bomb risk or inserting a bomb
• Breaking and getting into
• Bribery
• Burglary (relying on circumstances) or housebreaking of an occupied dwelling
• Child abuse
• Child 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
• Murder
• Passing nugatory financial institution examine (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
• Robbery
• 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 individual with out consent
• Vehicular murder

Finally, the next crimes (once more, Florida caveats, this isn’t an entire checklist) will get an insurance coverage producer a seven-year disqualification, and that interval begins “upon the applicant’s final release from supervision or upon completion of the applicant’s criminal sentence, including payment of fines, restitution, and court costs for the crime for which the disqualifying period applies.”

• Battery on regulation enforcement officer (not involving intentional bodily harm)
• Burglary (relying on circumstances)
• Carrying a hid weapon
• Child neglect
• Criminal mischief
• Domestic violence
• Driving below 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 examine 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 guilty or nolo contendere to, or being convicted or found guilty of, any felony or a crime punishable by imprisonment of 1 year or more under the law of the United States or of any state thereof, or under the law of any other country without regard to whether a judgment of conviction has been entered by the court having jurisdiction of the case.”

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

For sure misdemeanors, nonetheless, Florida could be very particular. The state imposes a seven-year disqualification interval on anybody convicted of a misdemeanor “directly related to the financial services business or any misdemeanor directly related to any violation of the Florida Insurance Code.”

What about nonresident producers searching for 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 get hold of a license of their resident state.

How to resume my Georgia insurance coverage license after a felony conviction

According to Georgia Code § 33-23-21 (2022), a licensed producer should “report to the Commissioner any criminal prosecution of the applicant or licensee taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from any hearing that has taken place, and any other relevant legal documents. Such report must be filed with the application or within 30 days of the date of arrest.” Failing to take action will end in suspension or revocation of your Georgia insurance coverage license, so reporting any new felony costs by importing paperwork to Georgia’s Producer and Agency Portal is step one.

Aside from that preliminary reporting requirement, Georgia regulation additionally says that it’s going to revoke a producer’s license if they’ve “been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States.” This wording gives the look that Georgia doesn’t grant 1033 waivers for producers convicted of these crimes who need to maintain their licenses.

Georgia clarifies that the licensee will probably be handled as if the crime had 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 embody their sentence being lighter, suspended (probation solely), or dropped fully. In Georgia, when you do the crime (even when 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 sorts of felony costs and convictions. It can be secure to imagine that the reporting necessities apply to each kind of crime, and since Georgia is so severe in regards to the penalties for not reporting felony prosecution, you’re higher secure than sorry.

What about nonresident producers searching for to resume their Georgia license after a conviction?

Georgia regulation makes no distinction between resident and nonresident producers. Without this specification, we assume resident and nonresident producers alike should observe the Georgia reporting necessities outlined in its regulation.

What to do you probably have new felony costs or convictions

As we’ve made our approach by way of the primary 10 states on our checklist, one factor’s turn into clear. Every state requires insurance coverage producers to report new felony exercise to the insurance coverage commissioner or division of insurance coverage, and to take action inside 30 days. Beyond that, the specifics range.

Whether there’re exceptions to the sorts of crimes that should be reported, whether or not a producer must report costs or solely convictions, and what the probabilities are which you could maintain an lively license after reporting any kind of felony 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 when you’re an insurance coverage producer dealing with felony costs or convictions, your finest wager will probably be to seek the advice of together with your lawyer and your state’s DOI on to be sure you fulfill any necessities. Doing nothing is assured to land you in additional hassle than following the state’s reporting necessities.

To study extra in regards to the nuances of state-by-state insurance coverage compliance, take a look at our free Compliance Library the place we’ve finished the analysis for you. If you’re able to make compliance streamlined and automated at your insurance coverage company, service, MGA, or MGU, see how AgentSync can assist.

Next Up: Part 2 – Hawaii by way of Maryland

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