Rule 120-2-3-.34 - Nonresident License Requirements(1) A nonresident person shall receive a nonresident agent license if all requirements set forth in O.C.G.A. § 33-23-16 have been met. All applicants for a Variable Products license must also have a valid agent license for life insurance and provide proof of current NASD Series 6, 7, IR or GS registration; such proof shall accompany the license application. Failure to maintain a current agent's license for life insurance will result in the cancellation of the variable products license.(2) A nonresident person shall receive a nonresident adjuster license if all requirements set forth in O.C.G.A. § 33-23-29 have been met.(3) A nonresident person shall receive a nonresident counselor license if all requirements set forth in O.C.G.A. § 33-23-29.1 have been met.(4) A nonresident person shall receive a nonresident surplus lines broker license if all requirements set forth in O.C.G.A. § 33-23-16 have been met. The applicant must also hold a nonresident agent license for property and casualty insurance. Failure to maintain a current nonresident property and casualty agent's license will result in the cancellation of the surplus lines broker license.(5) A nonresident applicant shall receive a nonresident agency license if all requirements set forth in O.C.G.A. §§ 33-23-3, 33-23-16 and Rule 120-2-3-.05 have been met.(6) All nonresident agent, adjuster, counselor, and surplus lines broker licenses issued before July 1, 2012, expire or expired December 31 of the year issued. Effective July 1, 2012, all new licenses will be issued on a biennial basis with a birth month expiration.(7) Prior to the issuance of a nonresident license, verification that the nonresident applicant is currently licensed as a resident in good standing in such person's home state shall be provided to the Commissioner. Applicant's home state license will be verified on the NAIC producer database. If an applicant's license information can not be verified through this site, an original certification letter from the applicant's home state dated within 90 days of submission to the Commissioner will satisfy this requirement.(8) Applicants for agent, adjuster, counselor and surplus lines broker licenses whose resident state does not require a license to transact business may be licensed in this state provided that (a) Proper application is made on the required forms, accompanied by the required fees;(b) The applicant takes the examination issued by the Commissioner where required pursuant to Chapter 23 of Title 33 of the Official Code of Georgia Annotated; and(c) The applicant submits written documentation from their resident state demonstrating the lack of a licensing requirement and the state's reciprocity with residents from this state.(9) On or after January 1, 2009, a nonresident Agent may not sell, solicit or negotiate a long term care partnership policy in Georgia or to a Georgia resident unless the individual has completed an initial eight (8) hour long term care training course. Such training must meet the requirements as outlined in Section 120-2-3-.12. If the nonresident agent has completed a non Georgia approved long term care partnership course for a minimum of six (6) hours, regardless of whether the long term care partnership course has a state specific Medicaid requirement, said agent must complete a minimum of a two (2) hour course covering Georgia specific Medicaid provisions to meet the full requirement for Georgia long term care partnership agent training requirements under Rule 120-2-16-.34(5). After satisfying the initial eight (8) hour long term care partnership training requirements, agent must also complete ongoing training consisting of a four (4) hour long term care continuing education course every 24 months.Ga. Comp. R. & Regs. R. 120-2-3-.34
O.C.G.A. Secs. 33-2-9, 33-8-1, 33-23-5, 33-23-8, 33-23-16, 33-23-29, 33-23-29.1, 33-23-41, 33-23-44, 33-42-6, 33-42-7.
Original Rule entitled "Conversion of Broker License" adopted. F. Sept. 10, 1992; eff. Sept. 30, 1992.Amended: Rule retitled "Nonresident Licensees-Ninety (90) Day Rule". F. Aug. 9, 1996; eff. Aug. 29, 1996.Repealed: New Rule entitled "Nonresident License Requirements" adopted. F. Jan. 15, 2003; eff Feb. 4, 2003.Repealed: New Rule of same title adopted. F. July 16, 2009; eff August 5, 2009.Repealed: New Emergency Rule adopted. F. Jun. 28, 2012; eff Jun. 28, 2012, as specified by the agency.Repealed: New Rule of same title adopted. F. Sep. 10, 2012; eff Sept. 30, 2012.