N.J. Admin. Code § 11:3-46.9

Current through Register Vol. 56, No. 23, December 2, 2024
Section 11:3-46.9 - Disapproval standards
(a) A producer's application to be a qualified producer under the voluntary rating tier shall be disapproved if, based on the PAIP's review as set forth in 11:3-46.8:
1. The producer failed to file a completed application with the PAIP as provided in 11:3-46.7(c);
2. The producer is determined not to meet the eligibility criteria set forth in 11:3-46.7(b)1 through 5;
3. The producer knowingly withheld material information on the application or any accompanying document or intentionally made or caused to be made any false, deceptive or fraudulent statement during the application process, or otherwise qualified or attempted to qualify by fraud or material misrepresentations; or
4. The producer has failed to comply with insurance laws or regulations and/or the producer standards established by the PAIP in such a manner or with such frequency as to demonstrate a lack of competency, efficiency and effectiveness in the solicitation, negotiation and servicing of insurance business. In making its determination under this paragraph, the PAIP shall consider the nature of any violation and how recently it occurred.
(b) An otherwise eligible producer whose application has been disapproved may reapply, except where such disapproval is for cause. For the purpose of this provision, the term "for cause" shall mean any willful and/or repeated violation of insurance laws or rules, or PAIP performance standards, or any conduct that demonstrates unworthiness, lack of integrity, bad faith, dishonesty, financial irresponsibility or incompetency to transact business as an insurance producer.
(c) When the PAIP disapproves an application for a qualified producer, the disapproval notice shall:
1. Include a written statement specifying the reasons for the rejection; and
2. Inform the producer of his or her ability to request a review by the Commissioner, within 10 days after receipt of the disapproval by the PAIP.
i. A request for review by the Commissioner shall be in writing and made within 10 days of receipt of the disapproval and shall be accompanied by all supporting documentation, if any, disputing with specificity, the reasons for disapproval. A copy of the request shall be filed concurrently with the PAIP. A response to this request may be made by the PAIP within 10 days after receipt by the PAIP; and
ii. The Commissioner shall issue a written decision with reasons upholding or reversing the decision of the PAIP within 45 days from receipt of the last written request or response, whichever is later.
(d) Any review by the Commissioner pursuant to this rule shall be conducted based on a review of the record established by the PAIP.

N.J. Admin. Code § 11:3-46.9