28 Tex. Admin. Code § 19.1004 - Licensee Exemption from and Extension of Time for Continuing Education
(a) Any exemption or extension granted to a
licensee under subsections (b) - (f) of this section applies to all license
types held by the licensee. Nothing within this subchapter may be construed as
preventing TDI from auditing a licensee to confirm the continued existence of
circumstances supporting the exemption or extension.
(b) An agent who held a Texas resident
license issued under Insurance Code Article 21.07-1, as Group I, legal reserve
life insurance agent or general lines life, accident, and health insurance
agent; Article 21.07-3, as managing general agent; or Article 21.14, as local
recording agent, solicitor, general lines property and casualty agent, or
insurance service representative, for at least 20 years or more as of December
31, 2002, is exempt from completing the required number of continuing education
hours in §
19.1003 of this title (relating to
Licensee Hour and Completion Requirements). Agents must confirm that they
qualify for this exemption by submitting a written request to TDI indicating
that they have met the longevity requirement. TDI or TDI's designee will
provide written notice that an agent qualifies for this exemption. Agents that
qualified for the longevity exemption authorized under the Insurance Code prior
to September 1, 2001, remain qualified and do not have to reapply for this
exemption.
(c) A licensee who on or
after January 1, 2003, has been continuously licensed by TDI for at least 20
years is exempt from completing the required number of continuing education
hours in §
19.1003 of this title. For
purposes of this subsection "continuously licensed" means that the licensee has
held a TDI issued license for the entire period of time without any lapse in
excess of 90 days in which the licensee was not licensed or failed to renew a
license. The exemption will apply beginning with the reporting period in which
the licensee reaches the 20th year of licensure. TDI or TDI's designee will
provide written notice to the licensee that a licensee qualifies for this
exemption. Licensees may not claim the exemption prior to receiving written
notice that they qualify for the exemption. Licensees may submit a written
request to TDI to evaluate their longevity status.
(d) Nonresident licensees, are subject to the
following requirements:
(1) A nonresident
licensee, including an adjuster with a designated home state adjuster license
issued by a state other than Texas, who is in compliance with the licensee's
resident state's or adjuster's designated home state's continuing education
requirements are not required to complete the continuing education requirement
under this subchapter. A licensee may qualify for this exemption based on the
following:
(A) the licensee's state of
residence, or adjuster's designated home state, claimed in the licensee's
original application;
(B) by
sending written notification to TDI or its designee stating that the licensee
is a resident of another state, or the adjuster has a designated home state
other than Texas, with a certificate of good standing; or
(C) by sending any other document acceptable
to TDI, showing that the licensee has a resident license or an adjuster's
designated home state adjuster license in good standing in that
state.
(2) A designated
home state adjuster licensee who designates Texas as the licensee's home state
is not exempt under this subsection and must complete continuing education
under the same requirements as a Texas resident adjuster as required under §
19.1003(e) of
this title.
(e) Licensees
who meet the criteria of illness, medical disability, or circumstances beyond
the control of the licensee may apply for an exemption or extension of time to
complete their continuing education requirement without incurring a fine or a
waiver, in whole or in part, of the continuing education requirement. Business
reasons do not constitute circumstances beyond the control of the licensee. TDI
will establish the duration of the extension when it is granted. If the
circumstances supporting the extension continue beyond the granted extension
period, the licensee may reapply for an exemption or extension. The licensee's
application must include the information set forth in paragraphs (1) - (6) of
this subsection:
(1) a written statement of
the exact nature of the illness, medical disability, or other extenuating
circumstances beyond the control of the licensee that have prevented or will
prevent the licensee from completing the required hours within the reporting
period;
(2) evidence regarding the
illness or medical disability of the licensee and circumstances beyond the
control of the licensee;
(3) a
written assessment of whether the condition is temporary, permanent, or
unknown;
(4) a written statement as
to whether the licensee will be able to perform activities including any acts
of an agent or adjuster during the exemption or extension period being
requested;
(5) the estimated date
when the licensee will be able to perform any activities including any acts of
an agent or adjuster in accordance with the medical reports or other documents
pertaining to circumstances beyond the control of the licensee; and
(6) any other information that may be of
assistance in evaluating the request.
(f) An individual holding a risk manager
license is exempt from the continuing education requirements under this
subchapter for any license held by the individual, if the individual
demonstrates in writing to TDI that the individual has held one of the
following designations listed in Insurance Code §
4153.055, concerning
Exemptions from Examination and Continuing Education Requirement, for a period
of not less than 30 years:
(1) certified
insurance counselor,
(2) associate
in risk management, or
(3)
certified risk manager.
(g) A licensee holding only a funeral
prearrangement life insurance agent license or a life insurance not exceeding
$25,000 agent license and meeting the requirements specified in Insurance Code
§
4054.159, concerning
Continuing Education Exemption, or Insurance Code §
4054.207, concerning
Continuing Education Exemption, is exempt from completing the continuing
education requirements in this subchapter. A licensee claiming this exemption
must attest to meeting this requirement during each reporting period with the
licensee's license renewal.
Notes
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