Iowa Code 522B.5A – Criminal history check
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Terms Used In Iowa Code 522B.5A
- Contract: A legal written agreement that becomes binding when signed.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Subpoena: A command to a witness to appear and give testimony.
522B.5A Criminal history check.
1. In determining eligibility for licensure, the commissioner is authorized to require an applicant pursuant to subsection 2 to provide to the commissioner the applicant’s fingerprints and reasonable fees required to perform a state criminal history check through the department of public safety, division of criminal investigation, and a national criminal history check through the federal bureau of investigation. By submitting such fingerprints, the applicant authorizes the commissioner to do all of the following:
a. Submit the applicant’s fingerprints to the department of public safety, division of criminal investigation, for submission to the federal bureau of investigation for the purpose of conducting a national criminal history check.
b. Receive the results of the state and national criminal history checks.
2. The commissioner is authorized to require a state and national criminal history check on each applicant that applies for any of the following:
a. An initial license in Iowa as a resident insurance producer.
b. An initial license or an additional line of authority under a nonresident insurance producer license if a state and national criminal history check has not already been completed.
c. A renewal, reinstatement, or reissuance of a license if the license of a producer has been revoked or suspended pursuant to § 522B.11, the license of a public adjuster has been revoked or suspended pursuant to § 522C.6, or the license of a viatical settlement provider or viatical settlement broker has been revoked or suspended pursuant to section
508E.4.
d. An initial license as a viatical settlement provider or viatical settlement broker in this state.
e. An initial license as a public adjuster in this state.
3. The commissioner shall require an applicant pursuant to subsection 2 to submit a full set of fingerprints and any other required identifying information to the commissioner on a form prescribed by the department of public safety.
4. The commissioner may contract with a third-party vendor for the collection and transmission of an applicant’s fingerprints for the purpose of conducting a state and national criminal history check. The commissioner may agree to reasonable fees to be charged by the third-party vendor and may require such reasonable fees to be paid by the applicant directly to the third-party vendor.
5. The results of a criminal history check conducted pursuant to this section shall not be considered a public record pursuant to chapter 22. An applicant’s fingerprints and any criminal history check information shall not be subject to subpoena, other than a subpoena issued in a criminal action or investigation, shall be confidential by law and privileged, and shall not be subject to discovery or be admissible in evidence in a private civil action.
2020 Acts, ch 1016, §7
Referred to in §508E.3, 522B.5, 522B.10, 522C.5
1. In determining eligibility for licensure, the commissioner is authorized to require an applicant pursuant to subsection 2 to provide to the commissioner the applicant’s fingerprints and reasonable fees required to perform a state criminal history check through the department of public safety, division of criminal investigation, and a national criminal history check through the federal bureau of investigation. By submitting such fingerprints, the applicant authorizes the commissioner to do all of the following:
a. Submit the applicant’s fingerprints to the department of public safety, division of criminal investigation, for submission to the federal bureau of investigation for the purpose of conducting a national criminal history check.
b. Receive the results of the state and national criminal history checks.
2. The commissioner is authorized to require a state and national criminal history check on each applicant that applies for any of the following:
a. An initial license in Iowa as a resident insurance producer.
b. An initial license or an additional line of authority under a nonresident insurance producer license if a state and national criminal history check has not already been completed.
c. A renewal, reinstatement, or reissuance of a license if the license of a producer has been revoked or suspended pursuant to § 522B.11, the license of a public adjuster has been revoked or suspended pursuant to § 522C.6, or the license of a viatical settlement provider or viatical settlement broker has been revoked or suspended pursuant to section
508E.4.
d. An initial license as a viatical settlement provider or viatical settlement broker in this state.
e. An initial license as a public adjuster in this state.
3. The commissioner shall require an applicant pursuant to subsection 2 to submit a full set of fingerprints and any other required identifying information to the commissioner on a form prescribed by the department of public safety.
4. The commissioner may contract with a third-party vendor for the collection and transmission of an applicant’s fingerprints for the purpose of conducting a state and national criminal history check. The commissioner may agree to reasonable fees to be charged by the third-party vendor and may require such reasonable fees to be paid by the applicant directly to the third-party vendor.
5. The results of a criminal history check conducted pursuant to this section shall not be considered a public record pursuant to chapter 22. An applicant’s fingerprints and any criminal history check information shall not be subject to subpoena, other than a subpoena issued in a criminal action or investigation, shall be confidential by law and privileged, and shall not be subject to discovery or be admissible in evidence in a private civil action.
2020 Acts, ch 1016, §7
Referred to in §508E.3, 522B.5, 522B.10, 522C.5