§ 2103. Insurance agents; licensing. (a) The superintendent may issue
a license to any person, firm or corporation who or which has complied
with the requirements of this chapter, authorizing such licensee to act
as an insurance agent with respect to the lines of authority for life
insurance, variable life and variable annuity products, or accident and
health insurance and sickness or any other line of authority deemed to
be similar by the superintendent, including for this purpose, health
maintenance organization contracts, legal services insurance or with
respect to any combination of the above, as specified in such license,
on behalf of any insurer, fraternal benefit society or health
maintenance organization, which is authorized to do such kind or kinds
of insurance or health maintenance organization business in this state.

(b) The superintendent may issue a license to any person, firm,
association or corporation who or which has complied with the
requirements of this chapter, authorizing the licensee to act as agent
of any authorized insurer, other than an insurer specified in subsection
(b) of section two thousand one hundred fifteen of this article, with
respect to the lines of authority for accident and health or sickness,
property, casualty, personal lines or any other line of authority
granted other than life, and variable life and variable annuity
products, which such insurer is authorized to do in this state.

(c) Any such license issued to a firm or association shall authorize
only the members thereof, named in such license as sub-licensees, to act
individually as agents thereunder, and any such license issued to a
corporation shall authorize only the officers and directors thereof,
named in such license as sub-licensees, to act individually as agents
thereunder. Every sub-licensee, acting as insurance agent pursuant to
such a license shall be authorized so to act only in the name of the
licensee.

(d) Every individual applicant for a license under this section and
every proposed sub-licensee shall be eighteen years of age or over at
the time of the issuance of such license.

(e) Before any original insurance agent's license is issued there
shall be on file in the office of the superintendent an application by
the prospective licensee in such form or forms and supplements, and
containing information the superintendent prescribes and for each
business entity, the sub-licensee or sub-licensees named in the
application shall be designated responsible for the business entity's
compliance with the insurance laws, rules and regulations of this state.

(f) (1) The superintendent shall, in order to determine the competency
of every individual applicant and of every proposed sub-licensee to have
the kind of license applied for, require such individual to submit to a
personal written examination and to pass the same to the satisfaction of
the superintendent. Such examination shall be held at such times and
places as the superintendent shall from time to time determine. Every
individual applying to take any written examination shall, at the time
of applying therefor, pay to the superintendent, or, at the discretion
of the superintendent, directly to any organization that is under
contract to provide examination services, an examination fee of an
amount which is the actual documented administrative cost of conducting
said qualifying examination as certified by the superintendent from time
to time. An examination fee represents an administrative expense and is
not refundable. The superintendent may accept, in lieu of any such
examination, the result of any previous written examination, given by
the superintendent, which in his judgment is equivalent to the
examination for which it is substituted.

(2) The superintendent may from time to time make reasonable
classifications of the kinds of insurance and may prescribe the
following types of examinations:

(A) For individuals seeking to qualify to obtain a license under
subsection (a) of this section, one examination adapted to test the
qualifications for a life insurance agent's license, another adapted to
test the qualifications for an accident and health insurance agent's
license and another adapted to test the qualifications for a legal
services insurance license. Each such individual shall be required to
pass the type or types of examination prescribed by the superintendent
for the line or lines of authority, as specified in subsection (a) of
this section, for which the license is sought. No individual shall be
deemed qualified to take the examination or examinations unless he shall
have successfully completed a course or courses, approved as to method
and content by the superintendent, covering the principal branches and
contracts of life insurance, annuity contracts, disability insurance,
accident and health insurance and related insurance and requiring not
less than forty hours of classroom work or the equivalent in
correspondence work or similar instruction, provided, however, that, at
the discretion of the superintendent, insurance subject material may be
eliminated from course content, with a corresponding reduction in course
hours, if an insurer is not authorized to transact such kind or kinds of
insurance in this state. Such course or courses either shall have been
given by a degree conferring college or university which has, when such
course is taken by such individual, a curriculum or curricula registered
with the state education department, whether such course be given as
part of any such curricula or separately, or by any other institution or
life or accident and health insurer which maintains equivalent standards
of instruction, and which shall have been approved for such purpose by
the superintendent.

(B) For individuals seeking to qualify to obtain a license under
subsection (b) of this section, not more than six types of examinations,
each adapted to test the qualifications of an individual with respect to
the kinds of insurance business specified in such classification. Every
such individual shall be required to pass the type or types of
examination prescribed by the superintendent for the line or lines of
authority for which the license is sought. No individual shall be deemed
qualified to take the examination unless he shall have successfully
completed a course or courses, approved as to method and content by the
superintendent, covering the principal branches of the insurance
business and requiring not less than ninety hours of classroom work or
the equivalent in correspondence work, a course offered over the
internet or a similar institution, in institutions of learning meeting
the standards prescribed by paragraph one of subsection (a) of section
two thousand one hundred four of this article; provided, however, with
respect to a license issued pursuant to subsection (b) of this section
for a personal line of authority, there shall be required not less than
forty hours of such classroom work or the equivalent in correspondence
work, a course offered over the internet or a similar institution.

(3) The superintendent shall require that all written examinations
request the applicant to set forth: (i) his or her full name, age,
residence address, business address and mailing address; (ii) the
applicant's gender; (iii) the applicant's native language; (iv) the
applicant's highest level of education achieved; and (v) the applicant's
race or ethnicity. This section of the examination shall include a clear
and unambiguous statement that the applicant is not required to disclose
his or her race or ethnicity, gender, native language or level of
education, that he or she will not be penalized for failing to do so,
and that the department will use this information solely for statistical
purposes that will then be studied in order to ensure continued quality
and fairness of the examination.

(g) No such written examination shall be required:

(1) as a prerequisite to the issuance of a baggage or accident and
health insurance agent's license to any ticket selling agent or
representative of a railroad company, steamship company, carrier by air,
or public bus carrier, who shall act thereunder as insurance agent only
in reference to the issuance of baggage or accident insurance tickets
primarily for the purpose of covering risk of travel;

(2) in the discretion of the superintendent, of any individual whose
license has been revoked or suspended;

(3) of any individual seeking to be named as a licensee or sub-
licensee, under subsection (a) hereof, to represent a fraternal benefit
society as its agent;

(4) in connection with any certificate of appointment for an
additional insurer, provided the certificate of appointment does not
include any additional kind of insurance;

(5) in the discretion of the superintendent, of any individual seeking
to be named as a licensee or sub-licensee who is a non-resident
insurance agent;

(6) of any person who received a license effective the first day of
July, nineteen hundred eighty-seven to represent any assessment
corporation which was limited on that date to the kinds of insurance
specified in subsection (a) of section six thousand six hundred five of
this chapter, and whose license is limited to those kinds of insurance,
in connection with any certificate of appointment to represent another
such assessment corporation, provided the certificate of appointment
does not include any additional kind of insurance.

(7) of any applicant who has passed the written examination given by
the superintendent for an insurance agent's license and was licensed as
such or of an applicant who was licensed as an insurance agent but did
not pass such an examination, provided the applicant applies within two
years following the date of termination of his license;

(8) of any person who was appointed prior to the first day of July,
nineteen hundred fifty-seven, to represent any domestic assessment
co-operative property/casualty insurance company which shall be licensed
to do the business permitted under subsection (b) of section six
thousand six hundred five of this chapter, provided such person within
three months after that date files with the superintendent an
application for a license in such form as the superintendent shall
prescribe;

(9) in the discretion of the superintendent, as to all or any part of
the written examination or the prerequisite minimum forty hour course
specified in subparagraph (A) of paragraph two of subsection (f) of this
section, of any individual seeking to be named a licensee or
sub-licensee, upon whom has been conferred the Chartered Life
Underwriter (C.L.U.) or Chartered Life Underwriter Associate designation
by The American College;

(10) in the discretion of the superintendent, as to all or any part of
the written examination or the prerequisite minimum ninety hour course
specified in subparagraph (B) of paragraph two of subsection (f) of this
section, of any individual seeking to be named a licensee or
sublicensee, upon whom has been conferred the Chartered Property
Casualty Underwriter (C.P.C.U.) designation by the American Institute
for Property and Liability Underwriters; or

(11) of any individual who applies for an insurance agent license in
this state who was previously licensed for the same line or lines of
authority in another state, provided, however, that the applicant's home
state grants non-resident licenses to residents of this state on the
same basis. Such individual shall also not be required to complete any
prelicensing education. This exemption is only available if the person
is currently licensed in that state or if the application is received
within ninety days of the date of cancellation of the applicant's
previous license and if the prior state issues a certification that, at
the time of cancellation, the applicant was in good standing in that
state or the state's producer database records, maintained by the
National Association of Insurance Commissioners, its affiliates or
subsidiaries, indicate that the producer is or was licensed in good
standing for the line of authority requested. An individual or entity
licensed in another state who moves to this state shall make an
application within ninety days of establishing legal residence to become
a resident licensee. No prelicensing education or examination shall be
required of that person to obtain any line of authority previously held
in the prior state except where the superintendent determines otherwise
by regulation.

(h) The superintendent may refuse to issue any insurance agent's
license if, in his judgment, the proposed licensee or any sub-licensee
is not trustworthy and competent to act as such agent, or has given
cause for the revocation or suspension of such a license, or has failed
to comply with any prerequisite for the issuance of such license.

(i) (1) The superintendent may require from every applicant and from
every proposed sub-licensee, before or after issuing any such license, a
statement subscribed and affirmed as true by the applicant under the
penalties of perjury as to the ownership of any interest in an applicant
firm, association or corporation and as to facts indicating whether any
applicant has been by reason of an existing license, if any, or will be
by reason of the license applied for, receiving any benefit or advantage
in violation of section two thousand three hundred twenty-four of this
chapter, and also as to such facts as he may deem pertinent to the
requirements of this subsection. The superintendent may refuse to issue,
suspend or revoke a license, as the case may be, to or of any applicant
if he finds that such applicant has been or will be, as aforesaid,
receiving any benefit or advantage in violation of section two thousand
three hundred twenty-four of this chapter, or if he finds that more than
ten percent of the aggregate net commissions, received during the twelve
month period immediately preceding, if any, or to be received during the
ensuing twelve months, by the applicant, resulted or will result from
insurance on the property and risks:

(A) of the spouse of an individual applicant; and of any corporation
of which such individual applicant or his or her spouse or both own more
than fifty percent of the shares; and of any affiliated or subsidiary
corporations of such corporation; and of the members of any firm or
association and their spouses, of which firm or association the
individual applicant or his or her spouse is a member;

(B) of the members of an applicant firm or association and their
respective spouses, and of the owners of any interest in such firm or
association and their respective spouses, and of any corporation of
which such firm or association or the members or owners and their
respective spouses, either individually or in the aggregate, own more
than fifty percent of the shares, and of any affiliated or subsidiary
corporations of such corporation, and of any other firm and the members
thereof and their respective spouses, of which other firm a member or
members of the applicant firm or association and their respective
spouses are members or owners; and

(C) of the shareholders of an applicant corporation and their
respective spouses, and of any affiliated and subsidiary corporations of
such applicant corporation, and of any subsidiary and affiliated
corporations of a corporation owning any interest in such applicant
corporation, and of any firm or association and the members thereof and
their respective spouses which either individually or collectively own
more than fifty percent of the shares of the applicant corporation, and
of any corporation of which such firm or association and its members and
their respective spouses, either individually or in the aggregate, own
more than fifty percent of the shares, and of any affiliated or
subsidiary corporation of such corporation.

(2) Nothing herein disqualifies any applicant by reason of acts done
or facts existing at a time when the same did not, under the law then in
force, constitute or contribute to constituting such a disqualification.

(3) The word "applicant" in this subsection, includes a licensee or
sub-licensee.

(j) (1) Any license currently in force issued to an insurance agent of
any insurer, fraternal benefit society or health maintenance
organization pursuant to subsection (a) of this section shall be deemed
terminated as of June thirtieth, nineteen hundred eighty-five. Any
license currently in force issued to an insurance agent of any insurer
pursuant to subsection (b) of this section without an expiration date
shall be deemed terminated as of June thirtieth, nineteen hundred
eighty-six.

(2) Every license issued to a business entity pursuant to subsection
(a) of this section shall expire on June thirtieth of odd numbered
years. Every license issued to a business entity pursuant to subsection
(b) of this section shall expire on June thirtieth of odd numbered
years. On and after January first, two thousand seven, every license
issued pursuant to this section to an individual, and every license in
effect prior to January first, two thousand seven that was issued
pursuant to this section to an individual, who was born in an odd
numbered year, shall expire on the individual's birthday in each odd
numbered year. On and after January first, two thousand seven, every
license issued pursuant to this section to an individual, and every
license in effect prior to January first, two thousand seven that was
issued pursuant to this section to an individual, who was born in an
even numbered year, shall expire on the individual's birthday in each
even numbered year. Every such license may be renewed for the ensuing
period of twenty-four months upon the filing of an application in
conformity with this subsection. The superintendent may issue such rules
and regulations as the superintendent deems necessary to implement the
terms of this subsection including regulations providing that, prior to
July first, two thousand twenty-three, the registration fees and
continuing education requirements for the renewal of any license issued
to a business entity pursuant to this subsection for a period that is
more than twenty-four months may be increased in proportion to the
length of the period of licensure.

(3) In the case of a license issued to a new applicant, the
superintendent may issue a license for a term of more than two years,
provided however, such term shall not exceed thirty months.

(4) Any license shall be considered in good standing within the
license term unless:

(A) revoked or suspended by the superintendent pursuant to this
article.

(B) all certificates of appointment have been terminated by the
insurers, at which time the license becomes inactive.

(C) if at the expiration date of the license term, provided the
license was in good standing during the term, the licensee fails to file
a renewal application.

(5) Before the renewal of any insurance agent's license shall be
issued, the following requirements shall have been met:

(A) The licensee shall have filed a completed renewal application in
such form or forms and supplements thereto and containing such
information as the superintendent may prescribe.

(B) The licensee shall have paid such fees as are prescribed in this
section.

(6) If the agent's license is deemed to be in an inactive status at
the time of renewal, a renewal application may be completed and filed
with the superintendent for the ensuing term of a license; however, if a
certificate of appointment is not filed on the agent's behalf within the
term of the renewal, the license will expire and will not be renewed at
the end of the license term. During the term of the license for which no
certificate of appointment was on file, it shall be deemed to be
inactive.

(7) If an application for a renewal license shall have been filed with
the superintendent before the expiration of such license, the license
sought to be renewed shall continue in full force and effect either
until the issuance by the superintendent of the renewal license applied
for or until five days after the superintendent shall have refused to
issue such renewal license and shall have given notice of such refusal
to the applicant and to each proposed sub-licensee. Before refusing to
renew any such license, except on the ground of failure to pass a
written examination, the superintendent shall notify the applicant of
his intention to do so and shall give such applicant a hearing.

(8) (A) The superintendent may in issuing a renewal license dispense
with the requirements of a verified application by any individual
licensee or sub-licensee who, by reason of being engaged in any military
service for the United States, is unable to make personal application
for such renewal license, upon the filing of an application on behalf of
such individual, in such form as the superintendent shall prescribe, by
some person or persons who in his judgment have knowledge of the facts
and who make affidavit showing such military service and the inability
of such insurance agent to make personal application.

(B) An individual licensee or sub-licensee who is unable to comply
with license renewal procedures due to other extenuating circumstances,
such as a long-term medical disability, may request a waiver of such
procedures, in such form as the superintendent shall prescribe. The
licensee or sub-licensee may also request a waiver of any examination
requirement or any other fine or sanction imposed for failure to comply
with renewal procedures.

(9) In addition to any examination fee required by subsection (f) of
this section, there shall be paid to the superintendent for each
individual license applicant and each proposed sub-licensee the sum of
forty dollars for each year or fraction of a year in which a license
shall be valid. If, however, the license applicant or a proposed
sub-licensee should withdraw the application or the superintendent
should deny the application before the license applied for is issued,
the superintendent may refund the fee paid by the applicant for the
license applied for with the exception of any examination fees required
pursuant to subsection (f) of this section.

(10) An application for the renewal of a license shall be filed with
the superintendent not less than sixty days prior to the date the
license expires or the applicant shall be subject to a further fee for
late filing of ten dollars.

(11) No license fee shall be required of any person who served as a
member of the armed forces of the United States at any time and who (A)
shall have been discharged therefrom, under conditions other than
dishonorable, or (B) has a qualifying condition, as defined in section
one of the veterans' services law, and has received a discharge other
than bad conduct or dishonorable from such service, or (C) is a
discharged LGBT veteran, as defined in section one of the veterans'
services law, and has received a discharge other than bad conduct or
dishonorable from such service, in a current licensing period, for the
duration of such period.

(12) Except where a corporation, association or firm licensed as an
insurance agent is applying to add a sub-licensee, or the date of the
expiration of the license is changed, there shall be no fee required for
the issuance of an amended license.

(13) The license shall contain the licensee's name, address, personal
identification number, the date of issuance, the licensee's lines of
authority, the expiration date and any other information the
superintendent deems necessary.

(k) If the superintendent deems it necessary he may require any
licensed agent to submit a new application at any time.

(l) Any licensee may at any time while such license is in force apply
to the superintendent for an additional license authorizing such
licensee, and the sub-licensees named in such existing license, to act
as insurance agents for additional insurers. The superintendent may,
after the requirements of this chapter have been complied with, issue
such additional license.

(m) An agent appointed for an insurer authorized to transact business
in this state may transact business for any subsidiaries or affiliates
of said insurer that are licensed in this state for the same line or
lines of insurance without such insurers submitting additional
appointments, provided a certified copy of a resolution adopted by the
board of directors of each of the insurers requesting such authority is
filed with the superintendent by each of the insurers and renewed and
refiled whenever deemed necessary by the superintendent. The resolution
shall also designate the primary insurer for which all of the company's
agents must be appointed pursuant to subsection (a) or (b) of this
section, and said appointment must be in full force and effect in order
to transact business for any of the affiliated or subsidiary insurers.

(n) Any insurance agent licensed pursuant to subsection (b) of this
section is hereby authorized while so licensed, to act in the sale,
solicitation or negotiation for an insurance contract providing solely
for disability benefits written to meet minimum requirements of article
nine of the workers' compensation law.

(o) The superintendent may issue a replacement for a currently in
force license which has been lost or destroyed. Before such replacement
license shall be issued, there shall be on file in the office of the
superintendent a written application for such replacement license,
affirming under penalty of perjury that the original license has been
lost or destroyed, together with a fee of fifteen dollars.