BEFORE THE COMMISSIONER OF SECURITIES AND INSURANCE

MONTANA STATE AUDITOR

 

In the matter of the amendment of ARM 6.6.4202, 6.6.4203, 6.6.4206, 6.6.4208, 6.6.4211, 6.6.4212 and 6.6.4213, and the adoption of NEW RULE I pertaining to Continuing Education Program for Insurance Producers and Consultants

) ) ) ) ) )

NOTICE OF AMENDMENT AND ADOPTION

 

TO: All Concerned Persons

 

1. On January 30, 2014, the Commissioner of Securities and Insurance (CSI), Montana State Auditor, published MAR Notice No. 6-206 pertaining to the public hearing on the proposed amendment and adoption of the above-stated rules at page 167 of the 2014 Montana Administrative Register, Issue Number 2.

 

2. On February 20, 2014, a public hearing was held on the proposed amendment and adoption of the above-stated rules in Helena. No comments were received at the hearing. Comments were received before the February 28, 2014, deadline.

 

3. The agency has amended the following rules as proposed: ARM 6.6.4202,  6.6.4206, 6.6.4211, and 6.6.4213.

 

4. The agency has amended the following rules as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

6.6.4203 COURSE SUBMISSIONS (1) through (2)(f) remain as proposed.

(g) method of instruction, such as classroom, self-study, videotape, audiotape, teleconference, and online webinars, etc.;

(h) through (15) remain as proposed.

 

AUTH: 33-1-313, 33-17-1206, MCA

IMP: 33-17-1204, MCA

 

6.6.4208 NONRESIDENT REQUIREMENTS (1) A nonresident licensee from a state that does not require continuing education shall satisfy the continuing education requirements of his or her designated home state. If the designated home state does not require continuing education, a licensee shall submit proof of course completion which demonstrates compliance with the basic requirements of 33-17-1203, MCA. A nonresident licensee may satisfy the continuing education requirements of this state by submitting proof of course completion that demonstrates compliance with the CLE requirements of the home state or designated home state in which the nonresident licensee is licensed.

(2) If the home state or designated home state in which the nonresident licensee is licensed does not require continuing education, the licensee shall submit to this state proof of course completion that demonstrates compliance with the basic requirements of 33-17-1203, MCA.

 

AUTH: 33-1-313, 33-17-1206, MCA

IMP: 33-17-1203, 33-17-1204, MCA

 

6.6.4212 REQUESTS FOR RECONSIDERATION OF COURSE DISAPPROVAL (1) through (1)(c) remain as proposed.

(2) The advisory council shall review a request for reconsideration, the original course submission, and any additional materials provided to support the request within 60 days of the request. The advisory council may shall then make a recommendation to the commissioner to approve or disapprove.

(3) and (4) remain as proposed.

 

AUTH: 33-1-313, 33-17-1206, MCA

IMP: 33-17-1204, MCA

 

5. The agency has adopted NEW RULE I (6.6.4214) as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

NEW RULE I (6.6.4214) EXTENSIONS OF TIME FOR COURSE COMPLETION (1) remains as proposed.

 (2) The licensee's licenses and appointments must will remain in effect during an extension period granted by the commissioner., unless the licensee terminates his or her license during that period.

 

AUTH: 33-1-313, 33-17-1206, MCA

IMP: 2-4-631, 33-17-1205, MCA

 

6. The CSI has thoroughly considered the comments received, and a summary of the comments and the CSI's responses are as follows:

 

COMMENT #1: Two commenters noted that the wording of the original amendment could be simplified and clarified. The commenters proposed alternative language.  The proposed alternative language did not modify the substance of the amendment.

 

RESPONSE #1: The CSI agrees with this comment and changed the rules wording accordingly. The CSI omitted a portion of the proposed language which clarified what constitutes a "designated home state"; that definition is already sufficiently addressed in 33-17-301, MCA (applying to adjusters), and 33-17-503, MCA (applying to consultants).

 

COMMENT #2:  The commenter requested the CSI include "online webinars" as a method of instruction.

 

RESPONSE #2: The CSI agrees and has included online webinars as a method of instruction.

 

COMMENT #3: The commenter requested that the licensee retain a right to terminate his or her license during the period of extension granted by the commissioner.

 

RESPONSE #3: The CSI agrees that a licensee has a right to terminate his or her license at any time, including after the licensee has sought an extension. Therefore, the CSI has adopted the commenter's suggestion.

 

 

/s/ Nick Mazanec                                          /s/ Jesse Laslovich                

Nick Mazanec                                              Jesse Laslovich

Rule Reviewer                                              Chief Legal Counsel

           

Certified to the Secretary of State March 17, 2014.