Administrative Rules of the State of Montana

BEFORE THE STATE AUDITOR AND COMMISSIONER OF INSURANCE

OF THE STATE OF MONTANA

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In the matter of the amendment of ARM 6.6.4201, 6.6.4202, 6.6.4203, 6.6.4204, 6.6.4205, and 6.6.4206 pertaining to Continuing Education Program for Insurance Producers, Adjusters, and Consultants

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

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TO: All Concerned Persons

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1. On May 29, 2008, at 10:00 a.m., the State Auditor and Commissioner of Insurance will hold a public hearing in the upstairs conference room of the State Auditor's Office, 840 Helena Ave., Helena, Montana, to consider the proposed amendment of the above-stated rules.

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2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m., May 22, 2008, to advise us of the nature of the accommodation that you need. Please contact Darla Sautter, State Auditor's Office, 840 Helena Avenue, Helena, Montana 59601; telephone (406) 444-2726; TDD (406) 444-3246; fax (406) 444-3497; or e-mail [email protected].

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3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

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6.6.4201 SCOPE OF RULES (1) These rules apply to continuing education programs for insurance producers, adjusters, and consultants, and include course content, qualifications of instructors, instructional format, courses and materials, review and approval procedures, application forms, and fees.

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AUTH: 33-1-313, 33-17-1206, MCA

IMP: 33-17-1203, 33-17-1204, MCA

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6.6.4202 DEFINITIONS For the purposes of this ~~sub-chapter~~ subchapter, the following terms have the following meanings:

(1) through (6) remain the same.

(7) "Licensee" means an individual required to be licensed under Title 33, chapter 17, parts 2, 3, 4, or 5, MCA.

(8) through (10) remain the same.

(11) "Sponsoring organization" means any group(s) or organization(s) and their agent(s) that submit courses for department review and offer or provide approved courses for continuing education credit to allow licensees to meet the requirements of 33-17-1203 and 33-17-1204, MCA, and are responsible for those course offerings, or any individual Montana insurance producer, adjuster, or consultant who submits a course pursuant to ARM 6.6.4203(14) for department review to allow that licensee to meet the requirements of 33-17-1203 and 33-17-1204, MCA.

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AUTH: 33-1-313, 33-17-1206, MCA

IMP: 33-17-1203, 33-17-1204, MCA

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6.6.4203 COURSE SUBMISSIONS (1) and (1)(a) remain the same.

(b) the course enhances the ability of a ~~producer~~ licensee to provide insurance services to the public effectively;

(14) An individual Montana insurance producer, adjuster, or consultant who must meet the requirement of 33-17-1203, MCA, who submits a course for review and approval to meet that requirement:

(a) and (b) remain the same.

(15) Any credit hours assigned to a course submitted as described in (14), are available only to the producer, adjuster, or consultant who made the course submission for that one offering.

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AUTH: 33-1-313, 33-17-1206, MCA

IMP: 33-17-1204, MCA

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6.6.4204 QUALIFICATIONS FOR INSTRUCTORS (1) through (2) remain the same.

(a) has had an insurance producer's, adjuster's, or consultant's license suspended or revoked in Montana or any other state;

(b) and (c) remain the same.

(d) has been found to have violated a rule, subpoena, or order of the commissioner or by any regulatory authority in any other state, during a contested case proceeding within the preceding two years.

(e) through (5) remain the same.

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AUTH: 33-1-313, 33-17-1206, MCA

IMP: 33-17-1203, 33-17-1204, MCA

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6.6.4205 EXAMINATIONS (1) and (2) remain the same.

(3) The sponsoring organization shall administer, monitor, grade, and record the results of the test.

(4) The sponsoring organization shall retain completed tests for a period of not less than 12 months, and the tests must not be returned to any licensee.

(5) remains the same.

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AUTH: 33-1-313, 33-17-1206, MCA

IMP: 33-17-1204, MCA

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6.6.4206 CERTIFICATION REQUIREMENTS FOR LICENSEES AND LIMIT ON CREDIT FOR COURSES REPEATED (1) remains the same.

(2) Producers, adjusters, and consultants may not earn credit for any courses repeated as either student or instructor within a two-year period.

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AUTH: 33-1-313, 33-17-1206, MCA

IMP: 33-17-1203, 33-17-1204, MCA

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4. STATEMENT OF REASONABLE NECESSITY: House Bill 300 (HB 300) was enacted in 2005 and required insurance adjusters to complete certain insurance continuing education requirements. These amendments add insurance adjusters to the continuing education program rules and are reasonably necessary to conform the rules to the statutes.

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5. Concerned persons may submit their data, views, or arguments concerning the proposed action either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Jennifer L. Massman, Staff Attorney, State Auditor's Office, 840 Helena Ave., Helena, Montana 59601; telephone (406) 444-5223; fax (406) 444-3497; or e-mail [email protected], and must be received no later than 5:00 p.m., June 6, 2008.

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6. Jennifer Massman, Staff Attorney, has been designated to preside over and conduct this hearing.

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7. The department maintains a list of concerned persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Such written request may be mailed or delivered to Darla Sautter, State Auditor's Office, 840 Helena Ave., Helena, Montana, 59601, or may be made by completing a request form at any rules hearing held by the department.

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8. An electronic copy of this Proposal Notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the Notice conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

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9. The bill sponsor notice requirements of 2-4-302, MCA, apply and have been fulfilled. The bill sponsor was notified by letter dated April 11, 2008, sent postage prepaid by the USPS.

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/s/ Christina L. Goe�� /s/ Janice S. VanRiper

Christina L. Goe�� Deputy State Auditor

Rule Reviewer�� State Auditor's Office

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Certified to the Secretary of State April 28, 2008.