40-4908. Same; waiver of examinations.

40-4908

Chapter 40.--INSURANCE
Article 49.--UNIFORM INSURANCE AGENTS LICENSING ACT

      40-4908.   Same; waiver of examinations.(a) The commissioner shall waive examinations for anindividual whoapplies for an insurance agent license in this state who was previouslylicensedfor the same lines of authority in another state when the applicant establishesthat:

      (1) (A)   The applicant is currently licensed in such other state; or

      (B)   if the applicationisreceived within 90 days of the cancellation of the applicant's previous licenseissued by such other state and ifsuch other state certifies that, at the time of cancellation, theapplicantwas in good standing in such other state. In lieu of issuance of acertification by such other state that the applicant was in good standing, thecommissioner may accept evidence from such other state's producer databaserecords,maintained by the NAIC, its affiliates or subsidiaries, which indicate that theapplicant isor was licensed in good standing for the line of authority requested.

      (2)   The applicant seeks a license as travel insurance agent to personssellingtransportation tickets of common carriers, who shall act as such agent onlyas totransportation ticket policies, or health or accident insurance, or baggageinsuranceon personal effects in connection with such transportation tickets of commoncarriers.

      (3)   The applicant has been licensed in Kansas for the class of insurance theapplicant is applying for and where the license has been voluntarilysurrendered fornotmore than two years prior to the date of the application with all educationalrequirements satisfied for the current licensing period and where thecommissioner is satisfied that the applicant is trustworthy and competent.

      (4)   The applicant is an applicant for a license to write insurance on growingcrops in this state and has been continuously licensed to write such coveragein thisstate on and after April 30, 1986.

      (5)   The applicant has qualified by examination, but due to clerical error byaninsurance company, the applicant was not certified pursuant toK.S.A. 2009 Supp.40-4912,andamendments thereto. Such insurance company shall pay all appointment fees thatwould have been paid had the applicant been properly appointed plus the penaltyprescribed byK.S.A. 2009 Supp.40-4912, and amendments thereto,for each violation.

      (b)   Any person licensed as an insurance agent pursuant toK.S.A. 2009 Supp.40-4906, andamendments thereto, in another state who moves tothis state shall make application to become a resident licensee within 90 daysafter such person establishes legalresidence in this state. Except as required by the commissioner by rule andregulation, no person who has been previously authorized for any line ofauthority shall be required to be examined in this state for the same line ofauthority.

      History:   L. 2001, ch. 91, § 8; July 1.