Ala. Admin. Code r. 482-1-146-.05

Current through Register Vol. 43, No. 02, November 27, 2024

Section 482-1-146-.05 - 18 U.S.C. Section 1033(e) Consent Requirement

(1) The Commissioner is designated as the insurance regulatory official in Alabama who may issue written consent as described in 18 U.S.C. § 1033(e)(2).

(2) An individual who has been convicted of a Section 1033 offense and who is, or proposes to be, employed by and/or act as an agent for or otherwise on behalf of a Section 1033 insurer in a capacity for which a license is required must have a Section 1033 consent in addition to the applicable license.

(3) An individual who has been convicted of a Section 1033 offense and who is, or proposes to be, an officer, director, employee, or other agent of a Section 1033 insurer in a capacity for which a license is not required must have a Section 1033 consent unless the Department determines that, due to the individual's particular position and responsibilities with the insurer, a Section 1033 consent is not required.

(4) An individual who is not an Alabama resident and who is applying for a non-resident license in Alabama must obtain from the appropriate insurance regulatory official in his/her resident licensing jurisdiction a Section 1033 consent specific to the applicant's Section 1033 offense(s) and to the activities in the business of insurance which the applicant proposes to engage in if granted an Alabama license or a written determination from such official that the requirement for Section 1033 consent is not applicable. The Department may require the applicant to submit a copy of the Section 1033 consent application materials relied upon by the resident licensing jurisdiction in addition to, or in lieu of, a criminal history disclosure form. Alabama will recognize a Section 1033 consent or determination of Section 1033 non-applicability issued from a non-resident applicant's resident licensing jurisdiction as a Section 1033 consent or determination of Section 1033 non-applicability for activities in the business of insurance in Alabama within the scope of that consent or determination and for purposes of this Chapter if the issuing jurisdiction gives the same effect to Section 1033 consents or determinations of Section 1033 non-applicability issued to residents of Alabama by the Commissioner. The Department may request the appropriate insurance regulatory official in the resident jurisdiction to certify that the jurisdiction gives reciprocal effect to Section 1033 consents or determinations of non-applicability issued from Alabama.

Ala. Admin. Code r. 482-1-146-.05

New Rule: June 11, 2009; effective July 1, 2009. Filed with LRS June 12, 2009. Rule is not subject to the Alabama Administrative Procedure Act.

Author: Commissioner of Insurance

Statutory Authority:Code of Ala. 1975, § 27-2-17.