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Minnesota Legislature

Office of the Revisor of Statutes

    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.
History: 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