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304.9-295 Biennial continuing education requirements for licensed agents
and independent and public adjusters -- Exceptions -- Courses -- Number
of hours -- Failure to complete -- Penalty.
(1)
(2)
(3)
(4)
(5)
This section shall apply to individuals who hold licenses or lines of authority
requiring continuing education each biennium.
The continuing education biennial compliance date for an individual resident
licensee shall be as follows:
(a) A licensee whose birth date is in an even-numbered year shall satisfy
continuing education requirements on or before the last day of the
licensee's birth month in the even-numbered year. A licensee shall show
proof of compliance to the commissioner within sixty (60) days after the
continuing education biennial compliance date. If the licensee has not
held the license for one (1) year, the compliance date is adjusted to the
next even-numbered year and each subsequent even-numbered year
thereafter. If the license becomes inactive and reissued within a twelve
(12) month period, the compliance date shall remain the same;
(b) A licensee whose birth date is in an odd-numbered year shall satisfy
continuing education requirements and show proof of compliance to the
commissioner on or before the last day of the licensee's birth month in the
odd-numbered year. A licensee shall show proof of compliance to the
commissioner within sixty (60) days after the continuing education
biennial compliance date. If the licensee has not held the license for one
(1) year, the compliance date is adjusted to the next odd-numbered year
and each subsequent odd-numbered year thereafter. If the license
becomes inactive and reissued within a twelve (12) month period, the
compliance date shall remain the same.
This section shall not apply to:
(a) Limited lines of authority under agent licenses, as exempted by the
commissioner in accordance with KRS 304.9-230;
(b) Licensees not licensed for one (1) full year prior to the end of the
applicable continuing education biennium;
(c) Licensees holding nonresident licenses who have met the continuing
education requirements of their home state and whose home state gives
credit to Kentucky resident licensees on the same basis; or
(d) Licensees maintaining their licenses for the sole purpose of receiving
renewals or deferred commissions and providing the department with a
supporting affidavit.
A licensee, who holds an agent license and who is not exempt under
subsection (3) of this section, shall satisfactorily complete a minimum of
twenty-four (24) hours of continuing education courses, of which three (3)
hours shall have a course concentration in ethics, during each continuing
education biennium.
Beginning July 31, 2012, an individual who holds an independent or public
adjuster license and who is not exempt under KRS 304.9-430(10) or (11), shall
satisfactorily complete a minimum of twenty-four (24) hours of continuing
education courses, of which three (3) hours shall have a course concentration
(6)
(7)
in ethics in accordance with subsection (4) of this section. Continuing
education hours shall be reported to the commissioner on a biennial basis in
conjunction with the licensee's renewal in accordance with subsection (10) of
this section.
Only continuing education courses approved by the commissioner shall be
used to satisfy the continuing education requirement of subsection (4) of this
section and any other continuing education requirement of this chapter.
(a) The continuing education courses which meet the commissioner's
standards for continuing education requirements are:
1.
Any part of the Life Underwriter Training Council life course
curriculum;
2.
Any part of the Health Underwriter Training Council health course
curriculum;
3.
Any part of the American College Chartered Life Underwriter
diploma curriculum;
4.
Any part of the American Institute for Property and Liability
Underwriters' chartered property and casualty underwriter profession
designation program;
5.
Any part of the Insurance Institute of America's programs;
6.
Any part of the certified insurance counselor program;
7.
Any insurance related course taught at an accredited college or
university, if the course is approved by the commissioner;
8.
Any course of instruction or seminar developed or sponsored by any
authorized insurer, recognized agent association, recognized
insurance trade association, or any independent program of
instruction, if approved by the commissioner;
9.
Any correspondence course approved by the commissioner; and
10. Any course in accordance with provisions of reciprocal agreements
the commissioner enters with other states.
(b) The commissioner shall prescribe the number of hours of continuing
education credit for each continuing education course approved in
accordance with this subsection. Continuing education courses submitted
in accordance with a reciprocal agreement shall be approved according to
the provisions of the reciprocal agreement.
(c) If a continuing education course requires successful completion of a
written examination, no continuing education credit shall be given to
licensees who do not successfully complete the written examination.
(d) The fee for filing continuing education courses for approval by the
commissioner shall be as specified in Subtitle 4 of KRS Chapter 304.
(e) For continuing education courses of reciprocal states, continuing
education providers shall be approved in accordance with the provisions
of the reciprocal agreements.
An individual teaching any approved continuing education course shall qualify
for the same number of hours of continuing education credit as would be
granted to a licensee taking and satisfactorily completing the course.
(8)
(9)
(10)
(11)
(12)
(13)
(14)
Excess credit hours accumulated during any continuing education biennium
may be carried forward. The commissioner may, by regulation, limit the number
of hours carried forward.
For good cause shown, the commissioner may grant an extension of time
during which the continuing education requirement of subsection (2) of this
section may be completed, but the extension of time shall not exceed two (2)
years. What constitutes good cause for the extension of time rests within the
discretion of the commissioner.
Every licensee subject to this section shall furnish to the commissioner written
certification as to the continuing education courses satisfactorily completed by
the licensee. The certification shall be signed by or on behalf of the provider
sponsoring the continuing education course. The certification shall be on a
form prescribed by the commissioner.
The provider shall furnish to the commissioner certification as to the continuing
education courses satisfactorily completed by each licensee. The certification
shall be signed or authenticated by or on behalf of the provider sponsoring the
continuing education course. The certification shall be on a form or in a format
prescribed by the commissioner.
The license or line of authority requiring continuing education shall expire if the
individual holding the license or line of authority fails to comply with the
continuing education requirement and has not been granted an extension of
time to comply in accordance with subsection (9) of this section. If the license
has expired, the license shall be promptly surrendered to the commissioner
without demand. If the line of authority has terminated but another line of
authority not requiring continuing education is still in effect, the license shall be
promptly delivered to the commissioner for reissuance as to the line of authority
still in effect.
The license of any individual subject to the continuing education requirement
shall be suspended or revoked, a civil penalty imposed, or both, in accordance
with KRS 304.9-440, if the individual submits to the commissioner a false or
fraudulent certificate of compliance with the continuing education requirement.
(a) The commissioner may withdraw approval of a continuing education
provider, course, or instructor for good and just cause.
(b) In addition to or in lieu of withdrawal of approval, the commissioner may
impose a civil penalty of not more than one thousand dollars ($1,000) per
violation of this chapter by a provider or an instructor.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 34, sec. 5, effective June 29, 2017. -Amended 2010 Ky. Acts ch. 24, sec. 1065, effective July 15, 2010; and ch. 83,
sec. 8, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 143, sec. 14,
effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 273, sec. 27, effective
July 15, 2002. -- Amended 2000 Ky. Acts ch. 393, sec. 24, effective July 14,
2000. -- Amended 1998 Ky. Acts ch. 378, sec. 1, effective July 15, 1998. -Amended 1988 Ky. Acts ch. 408, sec. 2, effective July 15, 1988. -- Created 1986
Ky. Acts ch. 438, sec. 1, effective July 1, 1987.
Legislative Research Commission Note (7/15/2010).
A reference to the
"executive director" of insurance in subsection (5) of this section, as amended
by 2010 Ky. Acts ch. 83, sec. 8, has been changed in codification to the
"commissioner" of insurance to reflect the reorganization of certain parts of the
Executive Branch, as set forth in Executive Order 2009-535 and confirmed by
the General Assembly in 2010 Ky. Acts ch. 24. This change was made by the
Reviser of Statutes pursuant to 2010 Ky. Acts ch. 24, sec. 1938.
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