2006 Utah Code - 31A-23a-105 — General requirements for individual and agency license issuance and renewal.

     31A-23a-105.   General requirements for individual and agency license issuance and renewal.
     (1) The commissioner shall issue or renew a license to act as a producer, limited line producer, customer service representative, consultant, managing general agent, or reinsurance intermediary to any person who, as to the license type and line of authority classification applied for under Section 31A-23a-106:
     (a) has satisfied the application requirements under Section 31A-23a-104;
     (b) has satisfied the character requirements under Section 31A-23a-107;
     (c) has satisfied any applicable continuing education requirements under Section 31A-23a-202;
     (d) has satisfied any applicable examination requirements under Section 31A-23a-108;
     (e) has satisfied any applicable training period requirements under Section 31A-23a-203;
     (f) if a nonresident:
     (i) has complied with Section 31A-23a-109; and
     (ii) holds an active similar license in that person's state of residence;
     (g) if an applicant for a title insurance producer license, has satisfied the requirements of Sections 31A-23a-203 and 31A-23a-204;
     (h) if an applicant for a license to act as a provider or producer of viatical settlements, has satisfied the requirements of Section 31A-23a-117; and
     (i) has paid the applicable fees under Section 31A-3-103.
     (2) (a) This Subsection (2) applies to the following persons:
     (i) an applicant for a pending:
     (A) individual or agency producer license;
     (B) limited line producer license;
     (C) customer service representative license;
     (D) consultant license;
     (E) managing general agent license; or
     (F) reinsurance intermediary license; or
     (ii) a licensed:
     (A) individual or agency producer;
     (B) limited line producer;
     (C) customer service representative;
     (D) consultant;
     (E) managing general agent; or
     (F) reinsurance intermediary.
     (b) A person described in Subsection (2)(a) shall report to the commissioner:
     (i) any administrative action taken against the person:
     (A) in another jurisdiction; or
     (B) by another regulatory agency in this state; and
     (ii) any criminal prosecution taken against the person in any jurisdiction.
     (c) The report required by Subsection (2)(b) shall:
     (i) be filed:
     (A) at the time the person files the application for an individual or agency license; and
     (B) for an action or prosecution that occurs on or after the day on which the person files the application:

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     (I) for an administrative action, within 30 days of the final disposition of the administrative action; or
     (II) for a criminal prosecution, within 30 days of the initial pretrial hearing date; and
     (ii) include a copy of the complaint or other relevant legal documents related to the action or prosecution described in Subsection (2)(b).
     (3) (a) The department may request:
     (i) criminal background information maintained pursuant to Title 53, Chapter 10, Part 2, Bureau of Criminal Identification, from the Bureau of Criminal Identification; and
     (ii) complete Federal Bureau of Investigation criminal background checks through the national criminal history system.
     (b) Information obtained by the department from the review of criminal history records received under Subsection (3)(a) shall be used by the department for the purposes of:
     (i) determining if a person satisfies the character requirements under Section 31A-23a-107 for issuance or renewal of a license;
     (ii) determining if a person has failed to maintain the character requirements under Section 31A-23a-107; and
     (iii) preventing persons who violate the federal Violent Crime Control and Law Enforcement Act of 1994, 18 U.S.C. Secs. 1033 and 1034, from engaging in the business of insurance in the state.
     (c) If the department requests the criminal background information, the department shall:
     (i) pay to the Department of Public Safety the costs incurred by the Department of Public Safety in providing the department criminal background information under Subsection (3)(a)(i);
     (ii) pay to the Federal Bureau of Investigation the costs incurred by the Federal Bureau of Investigation in providing the department criminal background information under Subsection (3)(a)(ii); and
     (iii) charge the person applying for a license or for renewal of a license a fee equal to the aggregate of Subsections (3)(c)(i) and (ii).
     (4) To become a resident licensee in accordance with Section 31A-23a-104 and this section, a person licensed as one of the following in another state who moves to this state shall apply within 90 days of establishing legal residence in this state:
     (a) insurance producer;
     (b) limited line producer;
     (c) customer service representative;
     (d) consultant;
     (e) managing general agent; or
     (f) reinsurance intermediary.
     (5) Notwithstanding the other provisions of this section, the commissioner may:
     (a) issue a license to an applicant for a license for a title insurance line of authority only with the concurrence of the Title and Escrow Commission; and
     (b) renew a license for a title insurance line of authority only with the concurrence of the Title and Escrow Commission.

Amended by Chapter 312, 2006 General Session