Section R590-281-4 - Eligibility to Apply for a License(1) Except as provided in Subsections (3) through (5), an individual who has a criminal conviction is eligible to apply for a license if: (a) the individual has completed probation, parole, or has been released from incarceration;(b) the individual has no criminal proceeding pending;(c) the individual has paid in full all fines and interest ordered by the court related to the criminal conviction;(d) the individual has paid in full all restitution ordered by the court related to the criminal conviction; and(e) the following time periods have elapsed from the date the individual was convicted, released from incarceration, parole, or probation, or the expiration of the probationary term, whichever occurred last: (i) seven years in the case of a felony;(ii) five years in the case of a class A misdemeanor;(iii) four years in the case of a class B misdemeanor; or(iv) three years in the case of any other misdemeanor.(2) Any pending administrative, civil, or regulatory proceeding must be resolved before an individual is eligible to apply for a license.(3) Subsection (1) does not apply to:(a) a juvenile adjudication; or(b) an individual whose criminal charge was dismissed pursuant to a plea in abeyance agreement under Title 77, Chapter 2a, Pleas in Abeyance.(4) The department will give effect to a conviction for a lower degree of offense pursuant to Section 76-3-402.(5)(a)(i) An individual convicted of violating the federal Violent Crime Control and Law Enforcement Act of 1994, 18 U.S.C. Sec. 1033, or who under 18 U.S.C. Sec. 1033 has been convicted of a felony involving dishonesty or breach of trust, may not apply for a license without first obtaining written consent from the commissioner to engage or participate in the business of insurance.(b) An individual who obtains written consent may apply for a license, subject to all other license application requirements.(c) An application for written consent is required even if: (i) a felony conviction involving dishonesty or breach of trust has been dismissed pursuant to a plea in abeyance agreement under Title 77, Chapter 2a, Pleas in Abeyance;(ii) a felony conviction involving dishonesty or breach of trust has been reduced to a lower degree of offense under Section 76-3-402; or(iii) a felony conviction involving dishonesty or breach of trust has been expunged under Title 77, Chapter 40a, Expungement.(6) The department shall deny a license application submitted by an individual who is not eligible under this section.(7) Eligibility to apply for a license under this Rule R590-281 is a separate determination from and does not affect eligibility to engage in the business of insurance under 18 U.S.C. Sec. 1033.Utah Admin. Code R590-281-4
Adopted by Utah State Bulletin Number 2019-14, effective 6/21/2019Amended by Utah State Bulletin Number 2020-12, effective 6/8/2020Amended by Utah State Bulletin Number 2021-02, effective 12/23/2020Amended by Utah State Bulletin Number 2024-03, effective 1/24/2024