EXPEDITED RULES
INSURANCE COMMISSIONER
Title of Rule and Other Identifying Information: Technical corrections to TITLE 284 WAC.
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Kacy Scott, Office of the Insurance Commissioner, P.O. Box 40258, Olympia, WA 98504-0258, e-mail Kacys@oic.wa.gov , AND RECEIVED BY September 7, 2011.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed rule would make the following technical corrections to TITLE 284 WAC:
| • | WAC 284-17-001, the RCW citations in subsections (6) and (7) are changing on June 27. |
| • | WAC 284-17-009, the RCW citation is changing on June 27. |
| • | WAC 284-17-011, reference to WAC 284-17-001(14) should be (16). |
| • | WAC 284-17-258 and 284-17-260 are no longer effective. |
Reasons Supporting Proposal: These technical amendments will ensure that the WAC is correct for ease in use for consumers and individuals and entitles regulated by the insurance commissioner.
Statutory Authority for Adoption: RCW 48.02.060 (3)(a) and 48.17.005.
Statute Being Implemented: Chapter 48.17 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Mike Kreidler, insurance commissioner, governmental.
Name of Agency Personnel Responsible for Drafting: Kacy Scott, P.O. Box 40258, Olympia, WA 98504-0258, (360) 725-7041; Implementation: John Hamje, P.O. Box 40255, Olympia, WA 98505-0255 [98504-0255], (360) 725-7262; and Enforcement: Carol Sureau, P.O. Box 40255, Olympia, WA 98505-0255 [98504-0255], (360) 725-7050.
July 6, 2011
Mike Kreidler
Insurance Commissioner
OTS-4125.1
AMENDATORY SECTION(Amending Matter No. R 2010-07, filed
1/28/11, effective 2/28/11)
WAC 284-17-001
Definitions.
For purposes of this
chapter, unless the context requires otherwise:
(1) "Affiliation" is a type of appointment whereby a business entity authorizes an individual insurance producer or surplus line broker to represent it when conducting insurance business.
(2) "Business entity" has the meaning set forth in RCW 48.17.010(2) and includes a sole proprietorship having associated licensees authorized to act on its behalf in the business or trade name of the sole proprietorship.
(3) "Days" means calendar days including Saturday and Sunday and holidays, unless otherwise specified.
(4) "Electronic submission" or "submitted electronically" means submission of a licensing process by an applicant, licensee, insurer, or education provider by means of the commissioner's web site or a third-party licensing provider.
(5) "File" means a record in any retrievable format, and unless otherwise specified, includes paper and electronic formats.
(6) "Home state" has the meaning set forth in RCW 48.17.010(((3))) (4).
(7) "Insurer" has the meaning set forth in RCW 48.17.010(((6))) (7).
(8) "Licensee" means a person licensed by the commissioner under Title 48 RCW to sell, solicit or negotiate insurance and includes adjusters and surplus line brokers.
(9) "Line of authority" means a license issued in one or more lines of insurance listed in RCW 48.17.170.
(10) "NAIC" means the National Association of Insurance Commissioners.
(11) "Third-party licensing provider" is designated on the commissioner's web site at: www.insurance.wa.gov.
(12) "Reinstatement" means the reissuance by the commissioner of a license that was not renewed more than sixty days but fewer than twelve months after its expiration date.
(13) "Resident" means a person who has elected to make Washington his or her home state, or, in the case of a business entity, has a place of business in this state.
(14) "Sending written notice" or "sending a copy of the written notice" means transmitting the required information in writing and, where required, on forms designated by the commissioner for that purpose, via first class mail, commercial parcel delivery company, telefacsimile, or electronic transmission, unless a specific method of transmission is specified.
(15) "Surety" means that limited line of authority of insurance or bond that covers obligations to pay the debts of, or answer for the default of another, including faithlessness in a position of public or private trust.
(16) "Travel insurance" means that limited line of authority of insurance coverage for trip cancellation, trip interruption, baggage, life, sickness and accident, disability, and personal effects when limited to a specific trip and sold in connection with transportation provided by a common carrier.
(17) "Written" or "in writing" means any retrievable method of recording an agreement or document, and, unless otherwise specified, includes paper and electronic formats.
[Statutory Authority: RCW 48.15.015 and 48.17.005. 11-04-067 (Matter No. R 2010-07), § 284-17-001, filed 1/28/11, effective 2/28/11. Statutory Authority: RCW 48.02.060, 48.17.005. 09-02-073 (Matter No. R 2008-06), § 284-17-001, filed 1/6/09, effective 7/1/09.]
(1) Insurers must ensure that their licensed and appointed insurance producers who transact the limited line credit insurance are qualified by education or experience to offer their credit insurance products.
(2) The requirements of this chapter for prelicensing and continuing insurance education do not apply to insurance producers that transact only the limited line credit insurance.
[Statutory Authority: RCW 48.02.060, 48.17.005. 09-02-073 (Matter No. R 2008-06), § 284-17-009, filed 1/6/09, effective 7/1/09.]
(1) Insurers must ensure that their licensed and appointed insurance producers who transact the limited line of travel insurance are qualified by education or experience to offer their travel insurance products.
(2) The requirements of this chapter for passing an insurance producer examination and for prelicensing and continuing insurance education do not apply to insurance producers that transact only the limited line of travel insurance.
[Statutory Authority: RCW 48.02.060, 48.17.005. 09-02-073 (Matter No. R 2008-06), § 284-17-011, filed 1/6/09, effective 7/1/09.]
(( The following sections of the Washington Administrative Code are repealed:
| WAC 284-17-258 | Long-term care education requirement. |
| WAC 284-17-260 | Resident and nonresident agents required to complete the long-term care education requirement. |