Ala. Admin. Code r. 482-1-146-.07

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

Section 482-1-146-.07 - Review Process

(1) The Department's legal division will initially screen a submitted criminal history disclosure form and supporting documentation, together with any supplemental information, to determine either or both of the following:

(a) Whether the individual has been convicted of a felony.

(b) Whether any felony conviction was for a Section 1033 offense.

(2) If an individual's criminal history disclosure form and supporting documentation discloses a criminal history including one or more prior felony convictions and/or a felony conviction(s) for Section 1033 offense(s), the form and documentation will be referred to and reviewed by a Review Committee consisting of Department employees. The Review Committee shall recommend to the Commissioner (i) if a license should be issued or renewed and, if applicable due to the existence of a Section 1033 offense, (ii) whether or not a Section 1033 consent is required and, if so, should be granted. As part of the review and recommendation process, the Review Committee may request that an individual provide further or supplemental information or documentation and/or may request that the individual participate in a personal or telephone interview conducted by Department employees designated by the Review Committee.

(3) As a time standard only, the Review Committee will make reasonable efforts to furnish its recommendation to the Commissioner within fifteen (15) days after all information and documentation, including any personal or telephone interviews, if requested, has been furnished by the individual or conducted.

(4) The Review Committee's recommendation to the Commissioner will consider the following factors as may be applicable:

(a) The nature and severity of the offense(s).

(b) The particular circumstances of the offense(s).

(c) The nature and extent of injury or loss to other persons or property as a result of the offense(s).

(d) Whether the offense(s) involved is related to activities in the business of insurance or the exercise of any professional or other license or authority conferred by a Federal, state or local governmental agency.

(e) The sentence imposed and whether all aspects of the sentence were satisfactorily completed, including satisfactory performance of any conditions imposed incident to probation, parole, or early release and payment of all fines, penalties, or other assessments.

(f) Whether the individual has received a pardon and/or restoration of civil and/or political rights.

(g) The time that has elapsed since the conviction and/or completion of any sentence imposed.

(h) Any aggravating or mitigating factors.

(i) Any relevant evidence tending to demonstrate contrition or rehabilitation.

(j) If reasonably known, prior decisions made on applications presenting similar circumstances.

(k) If applicable, whether other jurisdictions have granted or denied a Section 1033 consent.

(l) Such other factors that the Review Committee may deem relevant for consideration in the context of a specific situation.

(5) The Review Committee's recommendation may, but is not required to, generally state the reasons for the recommendation.

(6) The Commissioner is vested with the authority to approve issuance or renewal of a license and to issue a Section 1033 consent. The recommendation(s) of the Review Committee are advisory only and are not binding on the Commissioner.

(7) An application for a license will be considered in conjunction with a request for any required Section 1033 consent. A decision to grant or deny a license will result in the same action as a pending request for a Section 1033 consent relating to the license.

Ala. Admin. Code r. 482-1-146-.07

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. Revised: December 15, 2009; effective January 1, 2010. Filed with LRS December 17, 2009. Rule is not subject to the Alabama Administrative Procedure Act.

Author: Commissioner of Insurance

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