SECTION 365:25-3-14. Insurance adjusters continuing education

(a)   Purpose. The purpose of this section is to set forth the requirements for continuing education which an insurance adjuster must meet, and to set forth the requirements for approval by the Insurance Commissioner of a proposed continuing education course.

(b)   Definitions. The following words or terms, when used in this section, shall have the following meaning, unless the context clearly indicates otherwise:

(1)   "CE" means continuing education.

(2)   "Certificate of course completion" means a document acceptable to the Commissioner which signifies satisfactory completion of the course and reflects hours of credit earned.

(3)   "Continuing Education Advisory Committee" means the committee established by the Commissioner for the purpose of reviewing and recommending approval or disapproval of continuing education courses.

(4)   "Credit hour" means at least fifty (50) minutes of classroom instruction, unless a correspondence or self-study course.

(5)   "Instructor" means a person who presents course materials approved for continuing education credit hours, and who has experience, training, and/or education in the course subject matter and has been approved by the Commissioner.

(6)   "Instructor Qualification Form" means a form acceptable to the Commissioner and completed by the instructor which documents qualifications of the instructor.

(7)   "Licensee" means a natural person who is licensed by the Commissioner as an insurance adjuster.

(8)   "Provider" means a person, corporation, professional association or its local affiliates, an insurance company or any other entity which is approved by the Commissioner and provides approved continuing education to insurance adjusters.

(9)   "Provider Course Completion Form" means a form acceptable to the Commissioner and completed by the provider which documents completion of an approved course by an adjuster or adjusters.

(c)   Exceptions. Continuing education requirements shall not apply to non-resident adjusters licensed in a designated home state or resident state that has a continuing education requirement substantially similar to the continuing education requirement in the State of Oklahoma for adjusters.

(d)   Continuing education requirements.

(1)   CE during twenty-four month period. All licensees shall complete the required hours of continuing education as set forth in Section 6217(B) of Title 36 of the laws of this state during each twenty-four month period. The twenty-four month period begins the first day after the license is granted.

(2)   Certificates of course completion required for license renewal. If requested by the Insurance Department, each adjuster shall submit upon each licensing renewal a certificate(s) of course completion as approved by the Insurance Department, which verifies courses completed during the previous twenty-four month period.

(3)   Credits carried over. Six (6) credit hours in excess of the minimum twenty-four month period requirement shall carry forward to the next twenty-four month period as general hours. Excess hours may be applied to bring a lapsed license into compliance.

(4)   Legislative Updates. At least two (2) of the continuing education credit hours of instruction completed by licensees each twenty-four month period shall be taken in the following topics:

(A)   State legislative updates, or

(B)   Federal legislative updates.

(5)   Earthquake insurance education. Beginning January 1, 2015, all resident insurance adjuster licensees, or nonresident insurance adjusters who have designated Oklahoma as their home state, with a property line of authority shall complete one (1) hour of continuing education credit in the topic of earthquake insurance as part of the continuing education credit hours required each twenty-four month period.

(6)   Credits for instructors. An instructor who is a licensee shall receive the same continuing education credit for presenting approved course materials as a licensee who attends an approved classroom instructional session by including his/her name and license number on roster.

(7)   Prerequisite for renewal or reinstatement. As a prerequisite for license renewal or prior to reinstatement following a lapse of license, an adjuster must demonstrate that the educational requirements have been reported for the previous renewal cycle.

(e)   Approval of continuing education providers.

(1)   Information required. Each provider shall apply for approval by the Commissioner. Each provider, with the exception of public funded educational institutions, federal agencies, nonprofit organizations, not-for-profit organizations, and Oklahoma state agencies shall submit a provider fee of Two Hundred Dollars ($200.00), and all providers, including public funded educational institutions, federal agencies, nonprofit organizations, not-for-profit organizations and Oklahoma agencies shall provide:

(A)   Name, address, and email address of the provider.

(B)   Contact person and his or her address and telephone number(s).

(2)   Withheld or withdrawn approval. The Commissioner may withhold or withdraw approval of any provider for violation of or non-compliance with any provision of this section.

(3)   Renewal fee. An annual renewal fee of Two Hundred Dollars ($200.00) shall be payable on or before the approval anniversary date of each year by each provider to renew the approval of the provider. A fee of double the annual renewal fee shall be paid if the application for renewal is late or incomplete on the approval anniversary date.

(4)   Reinstatement period. Providers whose approval has expired may be reinstated pursuant to paragraph 1 of this subsection. The reinstatement period shall be for a period of one (1) year following the expiration of the renewal date. The approval of the provider and any currently active courses shall remain active for the reinstatement period. If the provider and all courses fail to remain active following the reinstatement period, the provider and courses shall not be reinstated and the provider and courses shall be required to be approved pursuant to the provisions of this subsection.

(f)   Courses; approval; records.

(1)   Timeline for approval. At least thirty (30) days prior to the use of any course and not less than ten (10) days prior to the Continuing Education Advisory Committee meeting immediately preceding the course date, the provider shall apply for and submit the appropriate course review fee to the Commissioner for course approval. The Commissioner shall grant or deny approval based upon information submitted in this section regarding each course or additional information regarding the course, if necessary. The Commissioner will assign the number of CE hours awarded for an approved course and the line or lines of insurance for which the course qualifies. The provider shall submit the following at the time of application:

(A)   The number of CE hours requested for each course.

(B)   Topic outlines which list the summarized topics covered in each course and a copy of any course materials.

(C)   If a prior approved course has materially changed, a summarization of those changes.

(2)   Instructor approval. Instructors shall be approved by the Commissioner at least fourteen (14) calendar days prior to a presentation of a course. The Commissioner may disapprove any course if instructor approval has not been granted. An instructor shall have one of the following qualifications:

(A)   Three (3) years of recent experience in the subject area being taught; or

(B)   A degree related to the subject area being taught; or

(C)   Two (2) years of recent experience in the subject area being taught and twelve (12) hours of college and/or vocational technical school credit hours in the subject area being taught.

(3)   Repeated approved course. At least fourteen (14) days prior to the repetition of an approved course, the Commissioner shall be notified in writing of the repetition, providing course number, name, date, location and instructor's name.

(4)   Written approval required. All courses shall require written approval by the Commissioner.

(5)   Withheld or withdrawn approval. The Commissioner may withhold or withdraw approval for any course. This withdrawal will not affect any CE hours attained under the course previous to the withdrawal.

(6)   Minimum of one credit hour. Courses submitted for approval must consist of a minimum of one credit hour of course instruction.

(7)   Continuing education course must be separate from meetings. Courses conducted in conjunction with other meetings must have a separate continuing education course component.

(8)   Content of courses. Courses must be of a meaningful nature and shall not include the following subjects: motivation, psychology, recruiting, subjects not relating to the adjuster's license, and insurance company specific sales techniques or prospecting.

(9)   Certificate of Course Completion. At the completion of each course, the provider shall provide the insurance adjuster a "Certificate of Course Completion" Form.

(10)   List of adjusters completing course to Commissioner. Within ten (10) business days after completion of each course, the provider shall electronically upload a list of all insurance adjusters who completed the course to the Commissioner's database system. This list shall contain the course number, date of completion and license numbers of all insurance adjusters completing the course. If the list is not reported within ten (10) business days, a late report fee of $50.00 shall be paid to the Insurance Department. Failure to pay the late report fee may result in revocation of provider approval. Continued late filing may also result in loss of approval.

(11)   Course records maintained four (4) years. Providers shall maintain course records for at least four (4) years. The Commissioner may order an examination of a provider, at the provider's expense, for good cause shown.

(12)   Course review fee. A non-refundable course review fee of thirty dollars ($30.00) per course shall be submitted by all continuing education providers at the time the course submission is first submitted for review and upon submission for renewal at expiration with the exception of publicly funded educational institutions, federal agencies, Oklahoma state agencies, non-profit organizations, and not-for-profit organizations.

(13)   Course evaluation. The continuing education provider shall provide written notification to each producer of the opportunity to offer comments on any continuing education class via the Insurance Department website.

(g)   Approved professional designation programs.

(1)   Definitions.

(A)   Participation. As used in 36 O.S. § 6217(C), participates means successfully completing any part of a course curriculum totaling twenty-four (24) classroom or equivalent classroom hours of an approved professional designation program.

(B)   Approved professional designation program. As used in 36 O.S. § 6217(C), an approved professional designation program means an educational insurance program approved by the Commissioner with a sponsoring organization that administers curriculum requirements and testing standards for candidates.

(2)   Requirements. A professional designation program shall satisfy the following criteria to receive initial and ongoing approval for the program:

(A)   The program shall have a sponsoring organization;

(B)   The program's sponsoring organization shall maintain and govern a code of conduct;

(C)   The program shall be relevant to the sale, solicitation, or negotiation of insurance products in the State of Oklahoma;

(D)   Each course of the professional designation course curriculum shall be a minimum of twenty-four (24) hours of classroom instruction or equivalent classroom instruction; and

(E)   The program shall include an examination requirement that students shall pass before earning the designation.

(3)   Submissions. The sponsoring organization shall submit the following to the Commissioner for its professional designation program to be considered for initial and ongoing approval for the program:

(A)   The sponsoring organization's code of conduct;

(B)   The sponsoring organization's membership requirements;

(C)   The professional designation program's course requirements; and

(D)   The professional designation program's examination requirements.

(4)   Submission exemptions. Professional designation programs recognized by the National Association of Insurance Commissioners (NAIC) for waiver/exemption of pre-licensing education training shall receive initial and continuing approval without submission by the sponsoring organization.

(h)   Presumptive continuing education credit approval.

(1)   Requirements. A professional association may receive presumptive approval of the association's continuing education courses by satisfying the following requirements:

(A)   The association shall have a mission statement that includes a commitment to enhance the professional, educational, or ethical skills of its members;

(B)   The association shall maintain and govern a code of member conduct;

(C)   The association shall offer educational programs relevant to the sale, solicitation, or negotiation of insurance products in the State of Oklahoma; and

(D)   The association shall perpetuate its continuity through the election of officers.

(2)   Submissions. Each professional association shall submit the following to be considered for initial and ongoing presumptive course approval:

(A)   The association's mission statement;

(B)   The association's code of member conduct;

(C)   The chapter officers, the responsibilities for each officer, and the term of office for each officer;

(D)   The mailing address and primary contact for the association; and

(E)   The list of continuing education courses approved in Oklahoma and offered by the professional association in the past twenty-four (24) months.

(3)   Notification of approval or disapproval.

(A)   The Commissioner shall notify the association within ninety (90) days from the receipt of submission whether presumptive approval for continuing education courses was granted. The notification shall indicate the reasons for disapproval.

(B)   Submissions to the Commissioner by an association seeking presumptive approval of continuing education courses shall include the course summary, instructor name, course date and location and shall be submitted to the Commissioner at least fifteen (15) business days prior to the presentation of the course.

(C)   If the Commissioner receives a report or reports that the content of a continuing education course may violate paragraph 365:25-3-1(f)(8) of this section, the Commissioner may review the content and determine if the course should be disapproved for noncompliance. The Commissioner shall notify the association if the course has been disapproved due to non-compliance, and the association shall immediately cease offering the course upon receipt of the notification. The association may then make corrections to a disapproved course to bring the course into compliance with paragraph 365:25-3-1(f)(8) of this section and submit the course for approval by the Commissioner in the manner of an original submission for presumptive continuing education course approval.

(D)   Should an association receive notification of three (3) disapproved courses within a twenty-four (24) month period, the association's presumptive approval for continuing education courses shall be rescinded for twenty-four (24) months after which time the association may re-apply for presumptive approval.

(4)   Assignment of course number. The Commissioner shall assign a course number once the presumptive approval for continuing education courses has been granted and shall notify the association of the assigned course number. All future correspondence relating to that course shall reference the assigned course number.

(5)   Instructor approval. Instructors shall be approved by the Commissioner at least fourteen (14) calendar days prior to a presentation of a course. The Commissioner may disapprove any course if instructor approval has not been granted.

(6)   Review. Course approval shall be reviewed every three (3) years. The association shall re-submit the items required in subparagraph 365:25-3-14(H)(3)(B) of this section during the fourth quarter of the last approval year.

(7)   Agency management courses. Agency management courses shall not be considered for presumptive continuing education approval.

(i)   Self study and distance learning courses. The Insurance Commissioner shall determine appropriate guidelines and standards for self-study and distance learning CEC offerings. The guidelines and standards shall include authentication of the registered licensee, technology requirements for course delivery and testing protocols. Guidelines and standards shall be reviewed and updated as appropriate and published on the Commissioner's website annually. Failure to follow the guidelines and standards established by the Commissioner may result in denial of continuing education credit for the adjuster and revocation of the course approval and or provider status for the Provider.

(j)   Repeating courses. An insurance adjuster may repeat a course within the twenty-four month period if the maximum credits designated for the course were not attained in the first attempt. By repeating the course, the adjuster may not during the twenty-four month period earn more than the maximum credits designated for the course. An adjuster may repeat a course after two (2) years have elapsed and receive the maximum credits designated for the course.

(k)   Extension of time. For good cause shown, the Commissioner may grant an extension of time during which the requirements imposed by the act may be completed. The extension shall not exceed twelve (12) months. The extension will not alter the requirements or due date of the succeeding twelve-month period. "Good cause" includes disability, natural disaster, or other extenuating circumstances. Each request for extension of time shall be in writing from the licensee and shall include details and any documentation to support the request. Each request must be received by the Commissioner no less than thirty (30) days before the expiration of the twenty-four month period.

(l)   Continuing education advisory committee.

(1)   There shall hereby be established the Continuing Education Advisory Committee. This committee shall consist of representatives from the Licensing Division, and representatives from the industry as designated by the Commissioner. Members of the Advisory Board established by 36 O.S. § 6221 may also serve on the Continuing Education Advisory Committee. The committee shall meet at least quarterly and additionally as required. Members of the committee shall serve without pay and shall not be reimbursed for any expenses associated therewith.

(2)   Prior to the Commissioner's approval or disapproval of a course in 365:25-3-14(f), a continuing education advisory committee will review the course submitted and make its nonbinding recommendation to the Commissioner on granting or denying approval based upon information submitted in 365:25-3-14-(f) regarding the course or additional information regarding the course, if necessary, the number of CE hours awarded for an approved course and the line or lines of insurance for which the course qualifies. Each course approval shall be valid for a period of not more than two (2) years, unless the course has a material change. Material changes to courses require course resubmission for overall course review and approval. Course approval following the review of material changes shall reset the validity period. At the expiration of the validity period, providers shall submit the course for approval by the Commissioner if the provider wants to continue to offer the course for continuing education credit.

(m)   Severability provision. If any provision of this section, or application of such provision to any person or circumstances, shall be held invalid, the remainder of the section, and the application of such provision to person or circumstances other than those as to which it is held invalid, shall not be affected thereby.

[Source: Added at 12 Ok Reg 3151, eff 7-31-95; Amended at 14 Ok Reg 2961, eff 7-14-97; Amended at 15 Ok Reg 1210, eff 1-30-98 (emergency); Amended at 15 Ok Reg 3229, eff 7-13-98; Amended at 19 Ok Reg 1310, eff 7-14-02; Amended at 22 Ok Reg 2045, eff 7-14-05; Amended at 24 Ok Reg 2217, eff 7-14-07; Amended at 25 Ok Reg 172, eff 11-1-07 (emergency); Amended at 25 Ok Reg 1660, eff 7-14-08; Amended at 26 Ok Reg 1645, eff 7-14-09; Amended at 27 Ok Reg 1551, eff 7-14-10; Amended at 28 Ok Reg 214, eff 10-19-10 (emergency); Amended at 28 Ok Reg 1964, eff 7-14-11; Amended at 29 Ok Reg 1287, eff 7-14-12; Amended at 30 Ok Reg 1788, eff 7-14-13; Amended at 31 Ok Reg 1897, eff 9-15-14; Amended at 32 Ok Reg 25, eff 8-25-14 (emergency); Amended at 32 Ok Reg 1953, eff 9-15-15; Amended at 33 Ok Reg 1711, eff 9-15-16; Amended at 35 Ok Reg 1744, eff 9-14-18; Amended at 35 Ok Reg 721, eff 9-16-18 (emergency)]

Note

EDITOR’S NOTE: This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last prior permanent text is reinstated. Therefore, on 9-15-19 (after the 9-14-19 expiration of the emergency action), the text of section 365:25-3-14 reverted back to the permanent text that become effective on 9-14-18, as was last published in the 2018 OAC Supplement and republished in this 2019 OAC Supplement.