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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
ENGROSSED SENATE
BILL NO. 539 By: Montgomery of the Senate
and
Sneed of the House
An Act relating to insurance licensure; amending 36
O.S. 2021, Sections 1435.13, 1435.29, as amended by
Section 7, Chapter 225, O.S.L . 2022 (36 O.S. Supp.
2022, Section 1435.29), 6206, 6217, and 6220, which
relate to power over licensure, continuing education,
license evidence, license expiration and renewal, and
causes for disbarring licensure; removing certain
parameters for license termination; modifying time
period for review of certain continuing education
courses; removing minimum fine amount ; requiring
licensee maintain updated information with the
Insurance Commissioner; clarifying and conforming
language; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 36 O.S. 2021, Section 1435.13, is
amended to read as follows:
Section 1435.13. A. The Insurance Commissioner may place on
probation, censure, suspend, revoke or refuse to issue or renew a
license issued pursuant to the Oklahoma Producer Licensing Act or
may levy a civil penalty in accordance with subsection D of this
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section or any combination of actions, for an y one or more of the
following causes:
1. Providing incorrect, misleading, incomplete or materiall y
untrue information in the license application;
2. Violating any insurance laws, or violating any regulation,
subpoena or order of the Insurance Commission er or of another
state’s Insurance Commissioner;
3. Obtaining or attempting to obtain a license th rough
misrepresentation or fraud;
4. Improperly withholding, misappropriating or converting any
monies or properties received in the course of doing insuran ce
business;
5. Intentionally misrepresen ting the terms of an actual or
proposed insurance contrac t or application for insurance;
6. Having been convicted of a felony;
7. Having admitted or been found to hav e committed any
insurance unfair trade practic e or fraud;
8. Using fraudulent, coercive or dishonest practices, or
demonstrating incompetence, u ntrustworthiness or financial
irresponsibility in the conduct of business in this state or
elsewhere;
9. Having an insurance producer license, or its equiva lent,
denied, suspended, censured, placed on probation or revoked in any
other state, province, dis trict or territory;
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10. Forging another’s name to an application for insurance or
to any document related to a n insurance transaction;
11. Improperly using notes or any other reference material to
complete an examination for an insurance license;
12. Knowingly accepting insurance business from an individual
who is not licensed;
13. Failing to comply with an adm inistrative or court order
imposing a child support obligation;
14. Failing to pay state income tax or comply with any
administrative or court o rder directing payment of state income tax;
15. Failing to respond to an inquiry from the Department as
required in Section 1250.4 of this title; or
16. Any cause for which an original issuance of a license could
have been refused.
B. 1. In the event that the action by the Insurance
Commissioner is to nonrenew or to deny an application for a license,
the Insurance Commissioner shall notify the applicant or licensee
and advise the applicant or lice nsee, in writing, of the reason for
the denial or nonrene wal of the applicant ’s or licensee’s license.
The applicant or licensee may make written demand upon the Insur ance
Commissioner within thirty (30) days of t he date of notification of
the notification by the Insurance Commissioner for a hearing before
the Insurance Commissioner or an independent hearing examiner to
determine the reasonableness of the Insurance Comm issioner’s action.
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The hearing shall be heard within a reasonable time period and shall
be held pursuant to the Oklahoma Administrative Procedur es Act.
2. The Insurance Department shall only terminate a license
issued pursuant to the Oklahoma Producer Li censing Act that failed
to renew after a twelv e-month inactive period upon notification by
first-class mail ninety (90) days prior to termination of the
license. The provisions of this subsection shall not apply to a
licensee that willfully and knowingly violates any provision of this
Code as to which refusal, suspension or revocation is man datory.
C. The license of a business entity may be suspe nded, revoked
or refused if the Insurance Commissioner finds, after opportunity
for hearing, that an individual licensee’s violation was known or
should have been known by one or more of the partners , officers or
managers acting on behalf of the partnershi p or corporation and the
violation was neither reported to the Insurance Commissioner nor
corrective action tak en.
D. In addition to or in lieu of any appli cable denial,
probation, censure, suspensi on or revocation of a license, a person
may, after opportunity for hearing, be subject to a civil fine of
not less than One Hundred Dollars ($100.00) nor more than One
Thousand Dollars ($1,000.00) for each occurren ce. The penalty may
be enforced in the sa me manner in which civil judgments may be
enforced.
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E. Every licensee licensed pursuant to the provisions of the
Oklahoma Producer Licensing Act shall keep at the lice nsee’s place
of business the usual and customa ry records pertaining to
transactions authorized by the license. All records as to any
particular transactions shall be kept available and open to the
inspection of the Commissioner at any time during business hours
during the three (3) years immediately following the date of
completion of the tr ansaction. The Commissioner may require a
financial or market conduct examination during any investigation of
a licensee. The cost of such examination shall be apport ioned among
all of the appointing insurers of the licensee.
F. The Insurance Commission er shall retain the authority to
enforce the provisions o f and impose any penalty or remedy
authorized by the Oklahoma Producer Licensing Act an d this title
against any person who is under investigation for or char ged with a
violation of the Oklahoma Produ cer Licensing Act or this title even
if the person’s license or registration has been surrendered or has
lapsed by operation of law.
G. Files pertaining to investigati ons or legal matters which
contain information concurring a current and ongoing investig ation
of allegations of violations of the Oklahoma Insura nce Code by a
licensed agent shall not be available for public inspection without
proper judicial authorization ; however, a licensee under
investigation for alleged violations of the Oklahoma Insuran ce Code,
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or against whom an action for alleged violations of the Oklahoma
Insurance Code has been commenced, may view evidence and complaints
pertaining to the investig ation, other than privileged information,
at reasonable times at the Commissioner ’s office. All qualification
examination materials, booklets an d answers for any license
authorized to be issued by the Commissioner under any statute shall
not be available for public inspection. The residence address,
residence telephone number, birth date an d Social Security number of
a licensee shall not be avail able for public inspection . A separate
business or mailing address provided by the licensee shall be
considered a public record. If the residence and busin ess addresses
or residence and business te lephone numbers are the same, such
addresses or telephone numbers shall be considered a public record.
H. The Commissioner shall promptly notify all appointing
insurers, where applicable, and the licensee regardin g any censure,
suspension, revocation or t ermination of license by the
Commissioner.
I. Upon suspension, revocation or termination of the license of
a resident or nonresident of this state, the Commissioner s hall
notify the Central Office of the National Association of Insurance
Commissioners, or its appropriate nonprofit affiliates and the
Insurance Commissioner of each state for whom the Commissioner has
executed a certificate of licensure status.
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J. The Commissioner may issue a duplicate license for an y lost,
stolen or destroyed license issued pursuant to the Oklahoma Producer
Licensing Act upon an affidavit of the licensee prescribed by the
Commissioner concerning the facts of such loss, theft or
destruction.
SECTION 2. AMENDATORY 36 O.S. 2021, Section 1435.29, as
amended by Section 7, Chapter 225, O.S.L. 2022 (36 O.S. Supp. 2022,
Section 1435.29), is amended to read as follows:
Section 1435.29. A. 1. Each insurance producer, with the
exception of title producers and aircraft title producers or any
other producer exempt by rule, shall, biennially, complete not less
than twenty-one (21) clock hours of continuing insurance education.
Such education may include a written or oral examination.
2. Licensees, with the exception of title producers and
aircraft title producers or any other producer exempt by rule, sh all
complete, in addition to the foregoing, three (3) clock hours of
ethics course work in this same period.
3. Each title producer and aircraft title producer shall,
biennially, complete not less th an sixteen (16) clock hours of
continuing insurance education, two (2) h ours of which shall be
ethics course work, which shall cover the line for which the
producer is licensed. S uch education may include a written or oral
examination.
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B. 1. The Insurance Commissioner shall approve courses and
providers of continuing educat ion. The Insurance Department may use
one or more of the following to review and provide a nonbinding
recommendation to the Insurance Commissioner on approval or
disapproval of course s and providers of continuing education:
a. employees of the Insurance C ommissioner,
b. a continuing education advisory committee, or
c. an independent service whose normal busines s
activities include the review and approval of
continuing education courses and providers. The
Commissioner may negotiate agre ements with such
independent service to review documents and other
materials submitted for approval of courses and
providers and provide the Commissioner with its
nonbinding recommendation. The Commissio ner may
require such independent service to collect the fee
charged by the independent service for reviewing
materials provided for review directly from the course
providers.
The Insurance Commissioner has sole authority to approve courses
and providers of continuing education. If the Insurance
Commissioner uses one of the en tities listed above to provide a
nonbinding recommendation, the Commissioner shall adopt or decline
to adopt the recommendation within thirty (30) days of receipt of
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the recommendation. In the event the Insurance Commissioner takes
no action within said t hirty-day period, the recommendation made to
the Commissioner will be deemed to have been adopted by the
Commissioner.
The Insurance Commissioner may certify providers and courses
offered for license examination study. The Insurance De partment
shall use employees of the Insurance Commissioner to review and
certify license examination study program providers and courses.
2. Each insurance company shall be allowed to provide
continuing education to insurance producers as required by this
section; provided that su ch continuing education meets the general
standards for education otherwise established by the Insurance
Commissioner.
3. An insurance produ cer who, during the time period prior to
renewal, participates in a professional designation program,
approved by the Insurance Commissioner, shall be deemed to have met
the biennial requirement for conti nuing education.
The curriculum for the program shal l total a minimum of twenty-
four (24) hours within a twenty-four-month period. Each approved
professional designation program included in this section shall be
reviewed for quality and compliance every three (3) two (2) years in
accordance with standardized crit eria promulgated by rule.
Continuation of approved status is contingent upon the findings of
the review. The lis t of professional designation programs approved
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under this paragraph shall be made availab le to producers and
providers annually.
4. The Insurance Department may promulgate rules providing that
courses or programs offered by professional associations sha ll
qualify for presumptive continuing education credit approval. The
rules shall include standardized criteria for reviewing the
professional associations’ mission, membership, and other relevant
information, and shall provide a procedure for the Departme nt to
disallow all or part of a presumptively approved course.
Professional association c ourses approved in accordance with this
paragraph shall be reviewed every three (3) two (2) years to
determine whether they continue t o qualify for continuing education
credit.
5. Subject to approval by the Commissioner, the active
membership of the licensed pro ducer or broker in local, regional,
state, or national professional insurance organizations or
associations may be approved for up to one (1) annual hour of
instruction. The hour shall be credited upon timely filing with the
Commissioner, or designee of t he Commissioner, and appropriate
written evidence acceptable to the Commissioner of such active
membership in the organization or association.
6. The active service of a licensed producer as a member of a
continuing education advisory committee, as descr ibed in paragraph 1
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of this subsection, shall b e deemed to qualify for continuing
education credit on an hour-for-hour basis.
C. 1. Annual fees and course submission fees shall be set
forth as a rule by the Commissioner. The fees are payable to the
Insurance Commissioner. Provided, public -funded educational
institutions, federal agencies, nonprofit organizations, not-for-
profit organizations, and state agencies shall be exempt from this
subsection.
2. The Commissioner may assess a civil pena lty, after notice
and opportunity for hearing, against a c ontinuing education provider
who fails to comply with the requirements of the Oklahoma Producer
Licensing Act, of not less than One Hundred Dollars ($100.00) nor
more than Five Hundred Dollars ($500 .00), for each occurrence. The
civil penalty may be enfor ced in the same manner in which civil
judgments may be enforced.
D. Failure of an insurance producer to comply with the
requirements of the Oklahoma Producer Lic ensing Act may, after
notice and opportunity for hearing, result in censure, suspension,
nonrenewal of license or a civil penalty o f up to Five Hundred
Dollars ($500.00) or by both such penalty and civil penalt y. Said
civil penalty may be enforced in the same manner in which civil
judgments may be enfo rced.
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E. Limited lines producers and nonresident agents who have
successfully completed an equivalent or greater requirement shall be
exempt from the provisions of this section.
F. E. Members of the Legislat ure shall be exempt from this
section.
G. F. The Commissioner shall adopt and promulgate such rules as
are necessary for effective administration of this section.
SECTION 3. AMENDATORY 36 O.S. 2021, S ection 6206, is
amended to read as follows:
Section 6206. A. The Insurance Commissioner shall license as
an adjuster only an individual who has fully complied wit h the
provisions of the Insurance Adjusters Licensing Act, including the
furnishing of evidence satisfactory to the Commissioner that the
applicant:
1. Is at least eighteen (18) years of age;
2. Is a bona fide re sident of this state or is a resident of a
state or country which permits adjusters who are residents of this
state to act as adjusters in such other state or country;
3. If a nonresident of the United States, has complied with all
federal laws pertaining to employment and the transaction of
business in the United States;
4. Is a trustworthy person;
5. Has had experience or special education or training of
sufficient duration and extent with reference to the handling of
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loss claims pursuant to insurance contracts to make the applicant
competent to fulfill the responsibilities of an adjuster;
6. Has successfully passed an examination as required by the
Commissioner within two (2) years prior to date of applica tion, or
has been exempted from examination, i n accordance with the
provisions of Sectio n 6208 of this title; and
7. If the application is for a public adjuster ’s license, the
applicant has filed the bond required by Section 6214 of this title.
B. Residence addresses and telephone listings, birth da tes, and
social security numbers for insur ance adjusters and public adjusters
on file with the Insurance Department are exempt from disclosure as
public records. A separate business or mailing address as provi ded
by the adjuster shall be considered a publ ic record and upon request
shall be disclosed. If an adjuster’s residence and business address
or residence and business telephone number are the same, such
address or telephone number shall be considered a pu blic record.
C. The mailing address shall app ear on all licenses of the
licensee, and the licensee shall promptly notify the Insurance
Commissioner within thirty (30) days of any change in legal name or
preferred mailing address, physical business address , e-mail
address, or physical residential addr ess of the licensee. A change
in legal name or address thirty (30) days after the change must
include an administrative fee of Fifty Dollars ($50.00). Failure to
provide acceptable notification of a change of legal name or address
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to the Insurance Commis sioner within forty-five (45) days of the
date the administrative fee is assessed will result in penalties
pursuant to Section 6220 of this title.
D. An adjuster doing business in this state under any name
other than the adjuster’s legal name shall notify the Insurance
Commissioner and submit any payment necessary electronically and in
the form and manner prescribed by the Commissioner prior to using
the assumed name.
SECTION 4. AMENDATORY 36 O.S. 2021, Section 6217, is
amended to read as follows:
Section 6217. A. All licenses issued pursuant to the
provisions of the Insurance Adjusters Licensing Act shall continue
in force not longer than twenty -four (24) months. The renewal dates
for the licenses may be staggered throughout the year by notifying
licensees in writing o f the expiration and renewal date being
assigned to the licensees by the Insurance Commissioner and b y
making appropriate adjustments in the biennial licensing fee.
B. Any licensee applying for renewal of a license as an
adjuster shall have completed not less than twenty-four (24) clock
hours of continuing insurance education, of which three (3) hours
shall be in ethics, within the previou s twenty-four (24) months
prior to renewal of the license. The Insurance Commissioner shall
approve courses and provid ers of continuing education for insurance
adjusters as required by this section.
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The Insurance Depart ment may use one or more of the foll owing to
review and provide a nonbinding recommendation to the Insurance
Commissioner on approval or disapproval of cou rses and providers of
continuing education:
1. Employees of the Insurance Commissioner;
2. A continuing education advisory committee ;
3. An independent service whose normal business activities
include the review and approval of continuing education cour ses and
providers. The Commissioner may negotiate agreements with such
independent service to review documents and other mate rials
submitted for approval of courses and providers and present the
Commissioner with its nonbinding recommendation. The Commis sioner
may require such independent service to collect the fee charged by
the independent service for reviewing materials prov ided for review
directly from the course providers.
C. An adjuster who, dur ing the time period prior to renewal,
participates in an approved professional designation program shall
be deemed to have met the biennial requirement for continuing
education. Each course in the curriculum for the program shall
total a minimum of twenty -four (24) hours. Each approved
professional designat ion program included in this section shall be
reviewed for quality and compliance every three (3) two (2) years in
accordance with standardized criteria promulgated by rule.
Continuation of approved status is contingent upon the findings of
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the review. The list of professional designation programs approved
under this subsection shall be made available to producers and
providers annually.
D. The Insurance Department may promulgate rules providing that
courses or programs offered by professional associatio ns shall
qualify for presumptive continuing education credit approval. The
rules shall include standardized criteria for reviewing th e
professional associations’ mission, membership, and other relevant
information, and shall provide a procedure for the De partment to
disallow a presumptively approved course. Professional association
courses approved in accordance with this subsection sh all be
reviewed every three (3) two (2) years to determine whether they
continue to qualify for continuing education credit.
E. The active service of a licensed adjuster as a member of a
continuing education advisory committee, as described in paragraph 2
of subsection B of this section, shall be deemed to qualify for
continuing education credit on an hou r-for-hour basis.
F. 1. Each provider of continuing education shall, after
approval by the Commissioner, submit an annual fee. A fee may be
assessed for each course submission at the time it is first
submitted for review and upon s ubmission for renewal at expiration.
Annual fees and course submission fees shall be set forth as a rule
by the Commissioner. The fees are payable to the Insurance
Commissioner and shall be deposited in the State Insurance
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Commissioner Revolving Fund, cr eated in Section 307. 3 of this title,
for the purposes of fulfilling and accomplishing the conditions and
purposes of the Oklahoma Producer Licensing Act and the Insurance
Adjusters Licensing Act. Public-funded educational institutions,
federal agencies, nonprofit organizatio ns, not-for-profit
organizations and Oklahoma state agencies shall be exempt from this
subsection.
2. The Commissioner may assess a civil penalty, after notice
and opportunity for hearing, against a continuing education provider
who fails to comply with the requirements of th e Insurance Adjusters
Licensing Act, of not less than One Hundred Dollars ($100.00) nor
more than Five Hundred Dollars ($500.00), for each occ urrence. The
civil penalty may be enforced in the same manner in which civil
judgments may be enforced.
G. Subject to the right of the Commissioner to suspend, revoke,
or refuse to renew a license of an adjuster, any such license may be
renewed by filing on the form prescribed by the Commissioner on or
before the expiration date a written request by or on behalf of the
licensee for such renewal and proof of completion of the continuing
education requirement set forth in subsection B of this section,
accompanied by payment of the renewal fee.
H. If the request, proof of com pliance with the continuing
education requirement and fee for renewal of a license as an
adjuster are filed with the Commissioner prior to the expiration of
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the existing license, the lic ensee may continue to act pursuant to
said license, unless revoked or suspended prior to the expiration
date, until the issuance of a renewal license or until the
expiration of ten (10) days after the Commissioner has refused to
renew the license and has m ailed notice of said refusal to the
licensee. Any request for renewal filed after the date of
expiration may be considered by the Commissioner as an application
for a new license.
SECTION 5. AMENDATORY 36 O.S. 2021, Section 6220, is
amended to read as fol lows:
Section 6220. A. The Commissioner may censure, suspend,
revoke, or refuse to iss ue or renew a license after hearing pursuant
to the Insurance Adjusters Licensing Act , levy a civil penalty in
accordance with subsection B of this section, or any combination of
actions for any of the following causes:
1. Material misrepresentation or fr aud in obtaining an
adjuster’s license;
2. Any cause for which original issuance of a license could
have been refused;
3. Misappropriation, conversion to the personal use of the
licensee, or illegal withhold ing of monies required to be held by
the licensee in a fiduciary capacity;
4. Material misrepresentation of the terms and effect of any
insurance contract, with intent to deceive, or engaging in, or
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attempting to engage in, any fraudulent transaction with respect to
a claim or loss that the licensee o r the trainee is adjusting and,
in the case of a public adjuster, misrepresentation of the services
offered or the fees or commission to be charged;
5. Conviction of or pleading guilty or nolo contendere to a
felony pursuant to the laws of this state, any other state, the
United States, or any foreign country;
6. If in the conduct of business affairs, the licensee or
trainee has shown himself to be, and is so deemed by the
Commissioner, incompetent, untrustwo rthy or a source of injury to
the public;
7. Refusal to comply with any lawful order of the Commissioner;
8. Violation of any provision of the Insurance Adjusters
Licensing Act;
9. Adjusting losses or negotiating claim settlements arising
pursuant to provisions of insurance contracts on behalf of an
insurer or insured without proper licensing from the Commissioner
and authority from the licensed insurer or the insured party;
10. Failing to respond to any inquiry (including electronic
communications) from the Department within thirty (30) calendar da ys
of receipt of such inquiry;
11. Forging another ’s name to any document;
12. Improperly using notes or any other reference material to
complete an examination for a n insurance license;
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13. Having admitted or been found to have committed any
insurance unfair trade practice or insurance fraud;
14. Having an insurance adjuster license or its equivalent
denied, suspended, censured, placed on probation or revoked in any
other state, province, district or terri tory;
15. Failing to inform the Department, by any means acceptable
to the Department, of a change of address, change of legal name or
change of information submitted on the application within thirty
(30) days of the change; or
16. Providing services as a public adjuster, company adjuster
or independent adjuster on the same claim.
B. In addition to or in lieu of any applicable denial,
suspension, or revocation of a license, any person violating the
provisions of the Insurance Adjusters Licensing Act may be subject
to a civil fine of not more than One Thousand Dollars ($1,000.00)
for each violation. This fine may be enforced in the same manner in
which civil judgment may be enforced.
C. If the license of an adjust er is suspended, revoked, or not
renewed, the licensee shall surrender the license to th e
Commissioner.
D. The Commissioner shall not reinstate a license to any person
whose license has been suspended, revoked, or refused renewal until
the Commissioner determines that the cause or causes for the
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suspension, revocation, or nonrenewal of the l icense no longer
exist.
E. D. The Department shall retain the authority to enforce the
provisions of and impose any penalty or remedy authorized by this
title against any person who is under investigation for or charged
with a violation even if the person ’s license or registration has
been surrendered or has lapsed by operation of law.
F. E. It shall be unlawful for any person, firm, association,
company or corporation to act as an adjuster without first obtaining
a license pursuant to the Insurance Adjus ters Licensing Act. Any
person convicted of violating the provisions of this subsection
shall be guilty of a misdemeanor and shall be punished as set forth
in Section 10 of Title 21 of the Oklahoma Statutes. The restriction
set forth in this subsection s hall apply regardless of whether the
person, firm, association, company or corporation has obtained power
of attorney from an insurance claimant or has entered into any other
agreement with an insurance claimant to act on the behalf of the
claimant.
SECTION 6. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON INSURANCE, dated 04/04/2023 - DO
PASS.