23-64-607. Qualifications for licensure or certification — Issuance.

23-64-607. Qualifications for licensure or certification — Issuance. (a) To qualify for a license or certification under this subchapter, a person shall: (1) Be at least eighteen (18) years of age; (2) Have received a high school diploma or a high school equivalency diploma approved by the Adult Education Section of the Division of Workforce Services; (3) Be competent, trustworthy, financially responsible, and of good personal and business reputation; (4) Continue the qualifications under subdivision (a)(3) of this section while licensed or certified; (5)(A) Pass an examination and satisfy the educational requirements the Insurance Commissioner may impose by rule or order. (B) The examination required by this section shall be developed and conducted under rules prescribed by the commissioner; (6)(A) Have received instruction in health insurance, the provisions of the federal act for a health insurance marketplace in this state, and the medical assistance programs of this state. (B) The instruction required by this section shall be developed and conducted under rules prescribed by the commissioner; and (7) For a certified licensed producer, be a licensee in good standing under the Producer Licensing Model Act, § 23-64-501 et seq. (b) In addition to the other information required under this subchapter or rules adopted by the commissioner, an application for a license or certification under this subchapter shall include: (1) The applicant's business name, address, and Social Security number or taxpayer identification number; (2) A criminal and regulatory background check of the applicant; and (3) A description of the applicant's current business operations and its activities, duties, and responsibilities, including without limitation: (A) The place of organization and a certified copy of the applicant's organizational and governance documents; (B) If a foreign business, a copy of the certificate of authority from the Secretary of State; (C) The proposed method of business operation and, if applicable, other locations for doing business; and (D)(i) The qualifications, business experience and history, and financial condition of the applicant, its affiliates, and its employees. (ii) Information required under subdivision (b)(3)(D)(i) of this section shall include: (a) A description of any injunction or administrative order, including a denial to engage in a regulated activity by a state or federal authority that had jurisdiction over the applicant, its affiliates, and its employees; (b) A conviction of a misdemeanor involving fraudulent dealings or moral turpitude or relating to any aspect of the insurance industry, the mortgage industry, the securities industry, or any other activity pertaining to financial services; (c) Any felony conviction; and (d) A beneficial interest in an affiliated industry business. (c) Each applicant shall pay a reasonable annual licensure or certification fee as established by rule of the commissioner. (d) Each license or certification issued by the commissioner under this subchapter expires two (2) years after the date the license or certification is issued unless otherwise renewed, surrendered, or revoked. (e) A license or certification issued under this subchapter is not transferable. (f) To assist in the performance of the commissioner's duties, the commissioner may contract with nongovernmental entities, including the National Association of Insurance Commissioners or any affiliates or subsidiaries that the National Association of Insurance Commissioners oversees, to perform any ministerial functions that the commissioner and the nongovernmental business may consider appropriate, including the collection of the annual fee for licensure or certification of a navigator, guide, certified application counselor, or certified licensed producer.