Section 0780-01-55-.04 - APPLICATION FOR REGISTRATION(1) An individual applying for a navigator or certified application counselor registration shall make application to the commissioner on a form developed by the commissioner and declare under penalty of refusal, suspension, or revocation of the registration that the statements made in the application are true, correct, and complete to the best of the individual's knowledge and belief. Before approving the application, the commissioner shall find that the individual: (a) Is at least eighteen years of age;(b) Is not disqualified for having committed any act that would be a ground for denial, suspension, or revocation of a registration under rule 0780-01-55-.07;(c) Has not had an insurance producer license, a navigator license, a certified application counselor license, or an equivalent license or certification denied, suspended, or revoked in any state, province, district, or territory or by the United States Department of Health and Human Services;(d) Has successfully passed the applicable federal training program for navigators or certified application counselors;(e) Has submitted a full set of fingerprints to the commissioner and successfully completed a criminal background check in a manner prescribed by the commissioner. The commissioner may accept an equivalent criminal background check performed by the navigator entity or the certified application counselor organization;(f) When applicable, has the written consent of the commissioner pursuant to 18 U.S.C. 1033 and T.C.A. § 56-53-106(b), or any successor statute regulating crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce;(g) Possesses the requisite character and integrity; and(h) Has identified the entity with which the individual is affiliated and supervised.(2) An entity that acts as a navigator, supervises or is responsible for the activities of individual navigators, or receives funding to perform such activities shall obtain a navigator entity registration. An entity applying for navigator entity registration shall: (a) Make application on a form and containing the information prescribed by the commissioner;(b) Designate an individual registered as a navigator to be responsible for the entity's compliance with this chapter.(3) An entity that acts as a certified application counselor organization, supervises or is responsible for the activities of individual certified application counselors, or receives funding to perform such activities shall obtain a certified application counselor registration. An entity applying for a certified application counselor registration shall:(a) Make application on a form and containing the information prescribed by the commissioner;(b) Designate an individual registered as a certified application counselor to be responsible for the entity's compliance with this chapter.(4) The commissioner may require any documents deemed necessary to verify the information contained in an application submitted in accordance with rule 0780-01-55-.04(1), (2) and (3).(5) Entities registered as navigator shall, in a manner prescribed by the commissioner, provide the commissioner with a list of all individual navigators that are no longer affiliated with the navigator entity within thirty (30) days of the termination of affiliation.(6) Entities registered as certified application counselor organizations shall, in a manner prescribed by the commissioner, provide the commissioner with a list of all individual certified application counselors that are no longer affiliated with the certified application counselor organization within thirty (30) days of the termination of affiliation.Tenn. Comp. R. & Regs. 0780-01-55-.04
Original rule filed July 21, 1989; effective September 4, 1989. Repeal filed April 14, 2004; effective June 28, 2004. Emergency rule filed September 18, 2013; effective through March 17, 2014. Emergency rule filed September 18, 2013 expired effective March 17, 2014; on March 18, 2014, the rule reverted to its previous status. New rule filed February 20, 2015; effective 5/21/2015.Authority: Tenn. Public Acts 2013, ch. 377, T.C.A. §§ 56-1-107, 56-2-301 and 56-6-1301 through 56-6-1305, 56-53-106 and 18 U.S.C. § 1033.