2006 Utah Code - 31A-23a-202 — Continuing education requirements.

     31A-23a-202.   Continuing education requirements.
     (1) Pursuant to this section, the commissioner shall by rule prescribe the continuing education requirements for a producer and a consultant.
     (2) (a) The commissioner may not state a continuing education requirement in terms of formal education.
     (b) The commissioner may state a continuing education requirement in terms of classroom hours, or their equivalent, of insurance-related instruction received.
     (c) Insurance-related formal education may be a substitute, in whole or in part, for classroom hours, or their equivalent, required under Subsection (2)(b).
     (3) (a) The commissioner shall impose continuing education requirements in accordance with a two-year licensing period in which the licensee meets the requirements of this Subsection (3).
     (b) (i) Except as provided in this section, the continuing education requirements shall require:
     (A) that a licensee complete 24 credit hours of continuing education for every two-year licensing period;
     (B) that three of the 24 credit hours described in Subsection (3)(b)(i)(A) be ethics courses; and
     (C) that the licensee complete at least half of the required hours through classroom hours of insurance-related instruction.
     (ii) The hours not completed through classroom hours in accordance with Subsection (3)(b)(i)(C) may be obtained through:
     (A) home study;
     (B) video recording;
     (C) experience credit; or
     (D) other methods provided by rule.
     (iii) (A) Notwithstanding Subsections (3)(b)(i)(A) and (B), a title insurance producer is required to complete 12 credit hours of continuing education for every two-year licensing period, with three of the credit hours being ethics courses unless the title insurance producer has been licensed in this state as a title insurance producer for 20 or more consecutive years.
     (B) If a title insurance producer has been licensed in this state as a title insurance producer for 20 or more consecutive years, the title insurance producer is required to complete six credit hours of continuing education for every two-year licensing period, with three of the credit hours being ethics courses.
     (C) Notwithstanding Subsection (3)(b)(iii)(A) or (B), a title insurance producer is considered to have met the continuing education requirements imposed under Subsection (3)(b)(iii)(A) or (B) if the title insurance producer:
     (I) is an active member in good standing with the Utah State Bar;
     (II) is in compliance with the continuing education requirements of the Utah State Bar; and
     (III) if requested by the department, provides the department evidence that the title insurance producer complied with the continuing education requirements of the Utah State Bar.
     (c) A licensee may obtain continuing education hours at any time during the two-year licensing period.
     (d) (i) Beginning May 3, 1999, a licensee is exempt from continuing education

requirements under this section if:
     (A) the licensee was first licensed before April 1, 1970;
     (B) the licensee requests an exemption from the department; and
     (C) the department approves the exemption.
     (ii) If the department approves the exemption under Subsection (3)(d)(i), the licensee is not required to apply again for the exemption.
     (e) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the commissioner shall, by rule:
     (i) publish a list of insurance professional designations whose continuing education requirements can be used to meet the requirements for continuing education under Subsection (3)(b); and
     (ii) authorize continuing education providers and professional producer or consultant associations to:
     (A) offer qualified programs for all license types and lines of authority on a geographically accessible basis; and
     (B) collect reasonable fees for funding and administration of the continuing education program, subject to the review and approval of the commissioner.
     (iii) The fees permitted under Subsection (3)(e)(ii)(B) that are charged for attendance at a professional producer or consultant association program may be less for an association member, based on the member's affiliation expense, but shall preserve the right of a nonmember to attend without affiliation.
     (4) The commissioner shall approve continuing education providers and continuing education courses that satisfy the requirements of this section.
     (5) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the commissioner shall by rule set the processes and procedures for continuing education provider registration and course approval.
     (6) The requirements of this section apply only to producers or consultants who are natural persons.
     (7) A nonresident producer or consultant is considered to have satisfied this state's continuing education requirements if the nonresident producer or consultant satisfies the nonresident producer's or consultant's home state's continuing education requirements for a licensed insurance producer or consultant.
     (8) A producer or consultant subject to this section shall keep documentation of completing the continuing education requirements of this section for two years after the end of the two-year licensing period to which the continuing education applies.

Amended by Chapter 125, 2006 General Session