| (a) Completed application. An applicant must provide
all information required of the applicant by statute and TDI rule.
(b) Original application. In this subchapter, an original
application is an application for any license type not currently held
by the applicant.
(1) Individual application. An original application
for an individual license must include the following information:
(A) the individual's:
(i) name;
(ii) date of birth;
(iii) social security number;
(iv) mailing address, physical address, and email address;
(v) phone number; and
(vi) professional background and criminal history information;
and
(B) other applicable information required by statute
or rule, including:
(i) a complete set of the applicant's fingerprints,
using the procedures and requirements under Chapter 1, Subchapter
D, of this title;
(ii) for adjuster applicants, documentation of the
successful completion of the applicable adjuster examination or prelicensing
course as required under Insurance Code §4101.054 and §4101.056;
and
(iii) for public insurance adjuster applicants, evidence
of financial responsibility and a sample contract as required under §§19.705
- 19.711 of this title.
(2) Entity application. An original application for
an entity license must include the following information:
(A) the name of the entity;
(B) the entity's federal employer identification number;
(C) information regarding the location and means of
contacting the entity;
(D) disclosures regarding regulatory actions, criminal
actions, and litigation history;
(E) the amount and type of financial responsibility
applicable to the license type;
(F) the name, license information, and a complete set
of fingerprints, using the procedures under Chapter 1, Subchapter
D, of this title, of at least one individual who is an officer or
active partner of the entity and holds, or is applying for, the same
license type sought by the entity;
(G) the biographical information of all individuals
in control of the entity, including the individual's:
(i) name;
(ii) date of birth;
(iii) social security number;
(iv) mailing address, physical address, and email address;
(v) phone number;
(vi) professional background and criminal history information;
(vii) a complete set of each individual's fingerprints,
using the procedures under Chapter 1, Subchapter D, of this title;
and
(H) other applicable information required by statute
or rule, including information required for public insurance adjusters
under §§19.705 - 19.711, including the sample contract.
(c) Appointment.
(1) An appointment authorizes an agent to represent
and act as an agent for an insurer, as defined in Insurance Code §4001.003(6).
An agent must be appointed directly by an insurer, or as a subagent
by a general lines agent, personal lines property and casualty agent,
or life agent.
(2) An appointment fee of $10 must accompany each notice
of appointment.
(3) Subagent appointments must comply with Insurance
Code §4001.205, including the following requirements:
(A) only general lines agents, personal lines property
and casualty agents, or life agents may appoint subagents;
(B) only general lines agents, personal lines property
and casualty agents, or life agents may be appointed as subagents;
(C) the appointing agent must have a direct appointment
from the insurer that the subagent is being appointed to represent
and act for as an agent; and
(D) general lines agents, personal lines property and
casualty agents, and life agents may simultaneously have multiple
subagent and insurance company appointments.
(d) Subagents.
(1) As provided in Insurance Code §4001.109, a
subagent must be licensed to write each line of insurance that the
subagent is employed to write, but is not required to hold each type
of license issued to the agent for whom the subagent acts; and
(2) an agent may not allow a subagent to write a line
of business that the agent is not licensed to write or that the subagent
is not licensed to write.
(e) Submission of fees. All fees must be submitted
as directed by:
(1) the original or renewal application;
(2) the appointment form;
(3) TDI's designated testing service;
(4) Texas.gov; or
(5) other TDI designated service provider.
(f) Fees fully earned and not refundable or transferable.
All fees are fully earned at the time the application, registration,
or appointment is submitted, and they are not refundable or transferable
to another application, registration, or appointment. These fees may
not be reduced for any reason, except as authorized by statute or
rule.
(g) Examination and examination fees.
(1) TDI administers examinations through its designated
testing service. If TDI should cease to use a designated testing service,
TDI will directly administer the examinations and all references in
this subchapter to TDI's designated testing service will apply to
TDI.
(2) All examination fees for any license type, whether
administered by TDI or TDI's designated testing service, are fully
earned when the examination is scheduled and are not refundable or
transferable to any other applicant or examination, except when approved
by TDI as provided under Insurance Code §4002.005(c). A separate
fee is required for each examination and reexamination. Examination
fees may not be reduced for any reason, except as authorized by statute
or rule.
|
| Source Note: The provisions of this §19.801 adopted to be effective March 11, 1992, 17 TexReg 1542; amended to be effective September 26, 2002, 27 TexReg 8948; amended to be effective November 25, 2007, 32 TexReg 8314; amended to be effective May 31, 2018, 43 TexReg 3367 |
