| (a) Any exemption or extension granted to a licensee
under subsections (b) - (f) of this section applies to all license
types held by the licensee. Nothing within this subchapter may be
construed as preventing TDI from auditing a licensee to confirm the
continued existence of circumstances supporting the exemption or extension.
(b) An agent who held a Texas resident license issued
under Insurance Code Article 21.07-1, as Group I, legal reserve life
insurance agent or general lines life, accident, and health insurance
agent; Article 21.07-3, as managing general agent; or Article 21.14,
as local recording agent, solicitor, general lines property and casualty
agent, or insurance service representative, for at least 20 years
or more as of December 31, 2002, is exempt from completing the required
number of continuing education hours in §19.1003 of this title
(relating to Licensee Hour and Completion Requirements). Agents must
confirm that they qualify for this exemption by submitting a written
request to TDI indicating that they have met the longevity requirement.
TDI or TDI's designee will provide written notice that an agent qualifies
for this exemption. Agents that qualified for the longevity exemption
authorized under the Insurance Code prior to September 1, 2001, remain
qualified and do not have to reapply for this exemption.
(c) A licensee who on or after January 1, 2003, has
been continuously licensed by TDI for at least 20 years is exempt
from completing the required number of continuing education hours
in §19.1003 of this title. For purposes of this subsection "continuously
licensed" means that the licensee has held a TDI issued license for
the entire period of time without any lapse in excess of 90 days in
which the licensee was not licensed or failed to renew a license.
The exemption will apply beginning with the reporting period in which
the licensee reaches the 20th year of licensure. TDI or TDI's designee
will provide written notice to the licensee that a licensee qualifies
for this exemption. Licensees may not claim the exemption prior to
receiving written notice that they qualify for the exemption. Licensees
may submit a written request to TDI to evaluate their longevity status.
(d) Nonresident licensees, are subject to the following
requirements:
(1) A nonresident licensee, including an adjuster with
a designated home state adjuster license issued by a state other than
Texas, who is in compliance with the licensee's resident state's or
adjuster's designated home state's continuing education requirements
are not required to complete the continuing education requirement
under this subchapter. A licensee may qualify for this exemption based
on the following:
(A) the licensee's state of residence, or adjuster's
designated home state, claimed in the licensee's original application;
(B) by sending written notification to TDI or its designee
stating that the licensee is a resident of another state, or the adjuster
has a designated home state other than Texas, with a certificate of
good standing; or
(C) by sending any other document acceptable to TDI,
showing that the licensee has a resident license or an adjuster's
designated home state adjuster license in good standing in that state.
(2) A designated home state adjuster licensee who designates
Texas as the licensee's home state is not exempt under this subsection
and must complete continuing education under the same requirements
as a Texas resident adjuster as required under §19.1003(e) of
this title.
(e) Licensees who meet the criteria of illness, medical
disability, or circumstances beyond the control of the licensee may
apply for an exemption or extension of time to complete their continuing
education requirement without incurring a fine or a waiver, in whole
or in part, of the continuing education requirement. Business reasons
do not constitute circumstances beyond the control of the licensee.
TDI will establish the duration of the extension when it is granted.
If the circumstances supporting the extension continue beyond the
granted extension period, the licensee may reapply for an exemption
or extension. The licensee's application must include the information
set forth in paragraphs (1) - (6) of this subsection:
(1) a written statement of the exact nature of the
illness, medical disability or other extenuating circumstances beyond
the control of the licensee that have prevented or will prevent the
licensee from completing the required hours within the reporting period;
(2) evidence regarding the illness or medical disability
of the licensee and circumstances beyond the control of the licensee;
(3) a written assessment of whether the condition is
temporary, permanent, or unknown;
(4) a written statement as to whether the licensee
will be able to perform activities including any acts of an agent
or adjuster during the exemption or extension period being requested;
(5) the estimated date when the licensee will be able
to perform any activities including any acts of an agent or adjuster
in accordance with the medical reports or other documents pertaining
to circumstances beyond the control of the licensee; and
(6) any other information that may be of assistance
in evaluating the request.
(f) An individual holding a risk manager license is
exempt from the continuing education requirements under this subchapter
for any license held by the individual, if the individual demonstrates
in writing to TDI that the individual has held one of the following
designations listed in Insurance Code §4153.055, concerning Exemptions
from Examination and Continuing Education Requirement, for a period
of not less than 30 years:
(1) certified insurance counselor,
(2) associate in risk management, or
(3) certified risk manager.
(g) A licensee holding only a funeral prearrangement
life insurance agent license or a life insurance not exceeding $25,000
agent license and meeting the requirements specified in Insurance
Code §4054.159, concerning Continuing Education Exemption, or
Insurance Code §4054.207, concerning Continuing Education Exemption,
is exempt from completing the continuing education requirements in
this subchapter. A licensee claiming this exemption must attest to
meeting this requirement during each reporting period with the licensee's
license renewal.
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| Source Note: The provisions of this §19.1004 adopted to be effective May 27, 1994, 19 TexReg 3697; amended to be effective January 10, 1997, 22 TexReg 49; amended to be effective January 6, 2003, 28 TexReg 75; amended to be effective February 21, 2010, 35 TexReg 1271; amended to be effective May 31, 2018, 43 TexReg 3367; amended to be effective February 29, 2024, 49 TexReg 1095 |
