31A-26-206 - Continuing education requirements.
31A-26-206. Continuing education requirements.
(1) Pursuant to this section, the commissioner shall by rule prescribe continuingeducation requirements for each class of license under Section 31A-26-204.
(2) (a) The commissioner shall impose continuing education requirements in accordancewith a two-year licensing period in which the licensee meets the requirements of this Subsection(2).
(b) (i) Except as provided in Subsection (2)(b)(iii), the continuing educationrequirements shall require:
(A) that a licensee complete 24 credit hours of continuing education for every two-yearlicensing period;
(B) that three of the 24 credit hours described in Subsection (2)(b)(i)(A) be ethicscourses; and
(C) that the licensee complete at least half of the required hours through classroom hoursof insurance-related instruction.
(ii) The hours not completed through classroom hours in accordance with Subsection(2)(b)(i)(C) may be obtained through:
(A) home study;
(B) video recording;
(C) experience credit; or
(D) other methods provided by rule.
(iii) Notwithstanding Subsections (2)(b)(i)(A) and (B), a title insurance adjuster isrequired to complete 12 credit hours of continuing education for every two-year licensing period,with three of the credit hours being ethics courses.
(c) A licensee may obtain continuing education hours at any time during the two-yearlicensing period.
(d) (i) Beginning May 3, 1999, a licensee is exempt from the continuing educationrequirements of this section if:
(A) the licensee was first licensed before April 1, 1970;
(B) the licensee requests an exemption from the department; and
(C) the department approves the exemption.
(ii) If the department approves the exemption under Subsection (2)(d)(i), the licensee isnot required to apply again for the exemption.
(e) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thecommissioner shall by rule:
(i) publish a list of insurance professional designations whose continuing educationrequirements can be used to meet the requirements for continuing education under Subsection(2)(b); and
(ii) authorize professional adjuster associations to:
(A) offer qualified programs for all classes of licenses on a geographically accessiblebasis; and
(B) collect reasonable fees for funding and administration of the continuing educationprograms, subject to the review and approval of the commissioner.
(f) (i) The fees permitted under Subsection (2)(e)(ii)(B) that are charged to fund andadminister a program shall reasonably relate to the costs of administering the program.
(ii) Nothing in this section shall prohibit a provider of continuing education programs or
courses from charging fees for attendance at courses offered for continuing education credit.
(iii) The fees permitted under Subsection (2)(e)(ii)(B) that are charged for attendance atan association program may be less for an association member, based on the member's affiliationexpense, but shall preserve the right of a nonmember to attend without affiliation.
(3) The requirements of this section apply only to licensees who are natural persons.
(4) The requirements of this section do not apply to members of the Utah State Bar.
(5) The commissioner shall designate courses that satisfy the requirements of thissection, including those presented by insurers.
(6) A nonresident adjuster is considered to have satisfied this state's continuing educationrequirements if:
(a) the nonresident adjuster satisfies the nonresident producer's home state's continuingeducation requirements for a licensed insurance adjuster; and
(b) on the same basis the nonresident adjuster's home state considers satisfaction ofUtah's continuing education requirements for a producer as satisfying the continuing educationrequirements of the home state.
(7) A licensee subject to this section shall keep documentation of completing thecontinuing education requirements of this section for two years after the end of the two-yearlicensing period to which the continuing education requirement applies.
Amended by Chapter 382, 2008 General Session