Iowa Admin. Code r. 191-85.3

Current through Register Vol. 47, No. 5, September 4, 2024

Rule 191-85.3 - Requirement to hold a license

No person may act as a navigator in Iowa until that person has been issued an Iowa navigator license.

(1) To be licensed as a navigator, a person must satisfy the following requirements:

a. Be at least 18 years of age;

b. Demonstrate compliance with the initial training and certification requirements set forth in rule 191-8510. (505,522D);

c. Have not committed any act that is grounds for denial, suspension or revocation under Iowa Code section 522D7.;

d. Submit a completed uniform application;

e. Pass an examination on the duties and responsibilities of a navigator and the insurance laws and regulations of Iowa with a score of 70 percent or higher;

f. Pay the nonrefundable navigator license fee of $20; and

g. Pass a background check or security screening.

(2) The division may require any documents reasonably necessary to verify the information or attestations contained in the application or to verify that the applicant has the character and competency required to receive a navigator license. If an applicant does not provide the additional information requested by the division within 45 days of receipt of the request, the application will expire and the license fee will not be returned.

(3) Except for producers licensed in Iowa, a person acting as a navigator without an Iowa navigator license or a person performing the enrollment duties of a navigator without an appointment, certification, or a grant to perform such duties by the U.S. Department of Health and Human Services shall be in violation of this chapter.

a. Upon the determination by the commissioner that a person is in violation of this chapter, the commissioner may issue a summary order directing the person to cease and desist from engaging in the act or practice in violation of this chapter. A person that has been issued a summary order under this rule may contest the order by filing a request for a contested case proceeding and hearing as provided in Iowa Code chapter 17A.

b. The person shall have at least 30 days from the date that the order is issued in order to file the request. The order shall remain effective from the date of issue unless overturned by a presiding officer of the court following a request for a hearing. If a hearing is not timely requested, the summary order becomes final by operation of law.

c. A person violating a summary order issued under this rule shall be deemed in contempt of that order. The commissioner may petition the district court to enforce the order as certified by the commissioner. The district court shall adjudge the person in contempt of the order if the court finds after hearing that the person is not in compliance with the order. The court may assess a civil penalty against the person and may issue further orders as it deems appropriate.

Iowa Admin. Code r. 191-85.3

ARC 0981C, IAB 8/21/2013, effective 9/25/2013