Utah Code 31A-26-207. Examination requirements
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(1) The commissioner may require applicants for a particular class of license under Section 31A-26-204 to pass an examination as a requirement to receiving a license. The examination shall reasonably relate to the specific license class for which it is prescribed. The examinations may be administered by the commissioner or as specified by rule.
Terms Used In Utah Code 31A-26-207
- Agency: means :(6)(a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and(6)(b) an insurance organization licensed or required to be licensed under Section
31A-23a-301 ,31A-25-207 , or31A-26-209 . See Utah Code 31A-1-301 - Application: means a document:(10)(a)(10)(a)(i) completed by an applicant to provide information about the risk to be insured; and(10)(a)(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:(10)(a)(ii)(A) insure the risk under:(10)(a)(ii)(A)(I) the coverage as originally offered; or(10)(a)(ii)(A)(II) a modification of the coverage as originally offered; or(10)(a)(ii)(B) decline to insure the risk; or(10)(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
- Crop insurance: includes multiperil crop insurance. See Utah Code 31A-1-301
- Department: means the Insurance Department. See Utah Code 31A-1-301
- Insurance: includes :(96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;(96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and(96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
- Insurance adjuster: means a person who directs or conducts the investigation, negotiation, or settlement of a claim under an insurance policy other than life insurance or an annuity, on behalf of an insurer, policyholder, or a claimant under an insurance policy. See Utah Code 31A-1-301
- License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
- Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
- Person: includes :(146)(a) an individual;(146)(b) a partnership;(146)(c) a corporation;(146)(d) an incorporated or unincorporated association;(146)(e) a joint stock company;(146)(f) a trust;(146)(g) a limited liability company;(146)(h) a reciprocal;(146)(i) a syndicate; or(146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
- producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
- Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(2) The commissioner shall waive the requirement of an examination for a nonresident applicant who:
(2)(a) applies for an insurance adjuster license in this state;
(2)(b) has been licensed for the same line of authority in another state; and
(2)(c)
(2)(c)(i) is licensed in the state described in Subsection (2)(b) at the time the applicant applies for an insurance producer license in this state; or
(2)(c)(ii) if the application is received within 90 days of the cancellation of the applicant’s previous license:
(2)(c)(ii)(A) the prior state certifies that at the time of cancellation, the applicant was in good standing in that state; or
(2)(c)(ii)(B) the state’s producer database records maintained by the National Association of Insurance Commissioners or the National Association of Insurance Commissioner’s affiliates or subsidiaries, indicates that the producer is or was licensed in good standing for the line of authority requested.
(3)
(3)(a) To become a resident licensee in accordance with Sections 31A-26-202 and 31A-26-203, a person licensed as an insurance producer in another state who moves to this state shall make application within 90 days of establishing legal residence in this state.
(3)(b) A person who becomes a resident licensee under Subsection (3)(a) may not be required to meet prelicensing education or examination requirements to obtain any line of authority previously held in the prior state unless:
(3)(b)(i) the prior state would require a prior resident of this state to meet the prior state’s prelicensing education or examination requirements to become a resident licensee; or
(3)(b)(ii) the commissioner imposes the requirements by rule.
(4) The requirements of this section only apply to an applicant who is a natural person.
(5) The requirements of this section do not apply to:
(5)(a) a member of the Utah State Bar; or
(5)(b) an applicant for the crop insurance license class who has satisfactorily completed:
(5)(b)(i) a national crop adjuster program, as adopted by the commissioner by rule; or
(5)(b)(ii) the loss adjustment training curriculum and competency testing required by the Federal Crop Insurance Corporation Standard Reinsurance Agreement through the Risk Management Agency of the United States Department of Agriculture.