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2001 SESSION


CHAPTER 350
An Act to amend and reenact § 38.2-1867 of the Code of Virginia, relating to continuing education requirements for insurance agents.
[S 1088]
Approved March 19, 2001

Be it enacted by the General Assembly of Virginia:

1. That § 38.2-1867 of the Code of Virginia is amended and reenacted as follows:

§ 38.2-1867. Insurance continuing education board; approval of credits.

A. An insurance continuing education board, hereinafter called the Board, appointed by the Commission, shall approve all continuing education instructors, continuing education courses and programs of instruction, to include technical courses or agency management and operations courses. The Board shall establish and monitor standards for the education of insurance agents, approve courses including evaluating credit hours for all courses or programs offered, and set minimum requirements for course instructors. The Board shall have the authority to disapprove or withdraw approval of course sponsors, courses or course instructors when the established standards are not satisfied.

1. The number of credits for each self-study course, correspondence course, or program of classroom instruction shall be determined in a manner prescribed by the Board. However, for an approved classroom course, a credit hour shall be equivalent to a classroom hour providing at least fifty minutes of continuous instruction or participation. No credits shall be granted for approved classroom courses unless notice to the Board is accompanied by proof of attendance by the course provider. No credits shall be granted for any correspondence or self-study course that does not include a written test of the subject matter which shall be successfully completed by each agent requesting credit. The Board shall have the right to review and approve or disapprove the proposed test as part of the course approval process.

2. An instructor of an approved continuing education course shall be eligible to receive the same number of credits as a person enrolled in the course for the purpose of meeting the requirements. However, agents and instructors may apply credits for attending or teaching the same course only once during any biennium.

3. Excess credit hours accumulated during any biennium may be carried forward to the next biennium only.

B. Members of the Board shall be appointed as follows:

1. One representative from the Independent Insurance Agents of Virginia;

2. One representative from the Professional Insurance Agents of Virginia and the District of Columbia;

3. Two representatives from the Virginia Association of Life Underwriters;

4. One representative of a licensed property and casualty insurance company writing business in this Commonwealth that operates through an exclusive agency force;

5. One representative of a licensed life and health insurance company writing business in the Commonwealth that operates through an exclusive agency force;

6. One representative of a licensed property and casualty insurance company domiciled and writing business in this Commonwealth;

7. One representative of a licensed life and health insurance company domiciled and writing business in this Commonwealth;

8. One representative of a licensed life and health insurance company writing business in this Commonwealth;

9. One representative of a licensed property and casualty insurance company writing business in this Commonwealth;

10. One representative from the Virginia Land Title Association; and

11. One representative from the adult education or higher education field.

C. On and after July 1, 1996, no person shall be appointed to serve as a member of the Board if, in the opinion of the Commission, other than as an incidental part of or unrelated to such person's employment, such person prepares, submits for approval, or teaches insurance continuing education courses in Virginia or in any other jurisdiction.

D. No meeting of the Board or any subcommittee of the Board shall be held unless timely notice of such meeting has been provided to the Commission's Bureau of Insurance. At any such meeting of the Board or any subcommittee of the Board, one or more representatives from the Bureau of Insurance shall be permitted to attend and to participate in such meeting, except that such Bureau of Insurance representative or representatives shall not have the right to vote on any matters before the Board.

E. Actions of the Board shall be exempt from the application of the Administrative Process Act (§ 9-6.14:1 et seq.).