2005 Minnesota Statutes

     62C.17 License for solicitor or agent. 

    Subdivision 1.    Requirement.  No person shall act as a 
 solicitor or agent 
 for solicitation of subscribers on behalf of a service plan 
 corporation, except an officer of the corporation, until that 
 person obtains a license from the commissioner.  The license 
 shall be granted to qualified persons only upon request of the 
 service plan corporation.  The commissioner may establish by 
 rule reasonable standards of qualification.  

    Subd. 2.    Application.  Applications for license shall be 
 submitted to 
 the commissioner on forms provided by the commissioner.  Except 
 as provided in subdivision 3, the applicant shall pass a written 
 examination reasonably designed to determine whether the 
 applicant is qualified to be licensed as an agent or solicitor.  
 The examination shall be pertinent to the contracts and coverage 
 furnished by the corporation and shall be comparable to the 
 examination required for a health and accident insurance agent's 
 license.  Prior to examination or reexamination, and prior to 
 issuance or renewal of a license, the applicant shall pay to the 
 commissioner the fees required for examination or reexamination 
 for, and issuance or renewal of, an insurance agent's license 
 for one line of insurance.  The license shall expire May 31 of 
 each year unless renewed by written request with payment of the 
 renewal fee.  The license shall not authorize a person to act as 
 an insurance agent or solicitor.  

    Subd. 3.    Examination exception; health and accident insurance 
 agent.  The commissioner shall issue and renew licenses 
 without examination for a person who holds a valid health and 
 accident insurance agent's license of this state or who as of 
 October 1, 1971 has been employed as a solicitor or agent for 
 solicitation of subscribers for not less than two years for the 
 corporation to which the license would apply, is a full-time 
 employee of the corporation, and has never had an insurance 
 agent's license of this state denied, revoked, or suspended.  

    Subd. 4.    Revocation or suspension; reinstatement.  The 
 commissioner may at any time after a hearing 
 pursuant to the contested case provisions of chapter 14, revoke 
 or suspend a license if satisfied that the licensee is not 
 qualified.  An application for a new license or for 
 reinstatement may be entertained one year after revocation or 
 suspension, upon filing of a bond in the amount of $5,000 
 approved by the commissioner for protection of the public for a 
 period of five years, or a lesser amount and period as the 
 commissioner may prescribe.  The commissioner shall revoke or 
 suspend a license upon written request by the corporation or 
 agent for which the licensee is licensed to act.  Such a request 
 shall include a statement of the specific facts constituting 
 cause for termination.  Any such information shall be deemed a 
 confidential and privileged communication, and shall not be 
 admissible, in whole or in part, in any action or proceeding 
 without the corporation's or agent's written consent.  

    Subd. 5.    Nonqualification.  A person shall not be qualified 
 for a license if 
 upon examination or reexamination it is determined that the 
 person is incompetent to act as a producer, if the person has 
 acted in any manner which would disqualify a person to hold a 
 license as an insurance producer under sections 60K.30 to 
 60K.56, or if the person fails to produce documents subpoenaed 
 by the commissioner, or fails to appear at a hearing to which 
 the person is a party or has been subpoenaed, if the production 
 of documents or appearance is lawfully required.  

    HIST: 1971 c 568 s 17; 1982 c 424 s 130; 1986 c 444; 1992 c 
 564 art 3 s 22; 2001 c 117 art 2 s 8