2010 Wyoming Statutes
Title 26 - Insurance Code
Chapter 10 - State Board Of Insurance Agent Examiners

CHAPTER 10 - STATE BOARD OF INSURANCE AGENT EXAMINERS

 

26-10-101. "Board" defined.

 

As used in this chapter, "board" means the Wyoming state board of insurance agents' examiners.

 

26-10-102. Composition; appointment; qualifications and terms of members; ex officio member; removal; vacancies.

 

 

(a) The board shall be comprised of six (6) qualified electors of this state appointed by the governor with the advice and consent of the senate to a five (5) year term. At least five (5) members of the board shall be licensed insurance agents in this state for at least three (3) years immediately prior to appointment, and one (1) shall have been a life agent, one (1) a general lines agent, one (1) the agent of a domestic insurer, one (1) a title insurance agent and one (1) also a franchised automobile dealer. The commissioner is an ex officio member of the board. The governor may remove any board member as provided in W.S. 9-1-202.

 

(b) The governor shall fill any vacancies by appointment as provided in W.S. 28-12-101.

 

(c) Appointments and terms under this section shall be in accordance with W.S. 28-12-101 through 28-12-103.

 

26-10-103. Officers; meetings; quorum.

 

 

(a) The board shall elect from its membership a president, vice-president and secretary-treasurer.

 

(b) The board shall hold regular meetings once each year at the state capital, on a date it fixes, and may hold special meetings at such times and places as a majority of the members designate. A majority of the board constitutes a quorum.

 

26-10-104. Powers and authority of board; examinations; records.

 

(a) Subject to the applicable provisions of this chapter, the board may:

 

(i) Formulate general policy concerning the scope, contents, procedure and conduct of examinations to be given by the commissioner for licenses as agent and broker;

 

(ii) Select the questions comprising each particular examination and change those questions as it deems advisable;

 

(iii) Determine the scope and contents of material furnished examination applicants by the commissioner under W.S. 26-9-205 for the purpose of preparing for an examination;

 

(iv) Make rules and regulations for the procedure to be followed in the conduct of examinations, including but not limited to application for examination, frequency and place of examinations, monitoring and the safeguarding of examination questions and papers. The board shall file copies of the rules and regulations, and of all amendments or modifications thereof, with the commissioner and with the secretary of state for public inspection and information;

 

(v) Fix the value to be allowed for a correct answer to each question in the grading of examination papers, if it exercises the power specified in paragraph (ii) of this subsection;

 

(vi) Review examination papers and the grading thereof;

 

(vii) Make any recommendations to the commissioner in regard to the administration of the examination requirement as it deems appropriate.

 

(b) In the exercise of any of the powers specified in subsection (a) of this section, the board may administer oaths, take affidavits, summon witnesses and take testimony. The secretary of the board shall keep a record of board proceedings, which, except as to the questions to be contained in any examination, are open to public inspection.

 

(c) The board may contract with a competent independent commercial testing service to exercise any of the powers specified in subsection (a) of this section except paragraph (a)(iv).

 

26-10-105. Commissioner to cooperate with board.

 

The commissioner, as requested by the board, shall cooperate with it in the execution of its powers under W.S. 26-10-104.

 

26-10-106. Compensation and expenses.

 

 

(a) Each board member shall receive ten dollars ($10.00) for each day during which he is actually engaged in the discharge of a board function together with per diem and mileage expense as allowed to state employees.

 

(b) The board may authorize additional compensation, not to exceed an aggregate of one hundred dollars ($100.00) in any calendar year, for the secretary-treasurer of the board for additional time, if any, he spends in keeping the board's records and accounts, issuing vouchers and in preparing its report to the governor. The board may authorize payments for all expenses the commissioner necessarily incurs in connection with drafting and publication of agents' licensing examinations, publication of study manuals and credit and character investigations of prospective agents.

 

(c) Notwithstanding the provisions of subsections (a) and (b) of this section, the aggregate amount of financial liability incurred or expenses paid shall not at any time exceed the funds available therefor in the special account provided in W.S. 26-10-107.

 

26-10-107. Account; disbursement.

 

(a) Out of each fee the commissioner receives for application for an original agent's license as provided in W.S. 26-4-101(a)(v)(A)(I) and (B)(I), and deposits with the state treasurer, the state treasurer shall place sixty percent (60%) thereof in an account of the state board of insurance agent's examiners and the remaining forty percent (40%) in the general fund. If the amount in the account exceeds the sum of five thousand dollars ($5,000.00), the excess shall be deposited in the general fund.

 

(b) The state treasurer shall make payments out of the account on warrants drawn by the state auditor, upon vouchers issued and signed by the president and secretary-treasurer of the board, for any expenditure required to carry out lawful board duties.

 

26-10-108. Board's accounts and report.

 

 

(a) The secretary-treasurer of the board shall:

 

(i) Keep an accurate and true account of all vouchers the board issues and the purpose of each;

 

(ii) As required by W.S. 9-2-1014, report to the governor respecting any disbursements and board proceedings.

 

26-10-109. Judicial review.

 

Any board decisions and actions are subject to court review as provided by the Wyoming Administrative Procedure Act for contested cases before state agencies.