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TITLE 28INSURANCE
PART 1TEXAS DEPARTMENT OF INSURANCE
CHAPTER 19LICENSING AND REGULATION OF INSURANCE PROFESSIONALS
SUBCHAPTER IGENERAL PROVISIONS REGARDING FEES, APPLICATIONS, AND RENEWALS
RULE §19.801General Provisions

(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

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