WSR 18-19-098
[Filed September 19, 2018, 8:42 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 18-14-107.
Title of Rule and Other Identifying Information: Producer license expiration and renewal time frames for licenses, appointments and affiliations.
Hearing Location(s): On October 25, 2018, at 1:30 p.m., at the Office of the Insurance Commissioner (OIC), 5000 Capitol Boulevard S.E., Tumwater, WA 98501.
Date of Intended Adoption: October 31, 2018.
Submit Written Comments to: Jim Tompkins, P.O. Box 40260, Olympia, WA 98504-0260, email, fax 360-586-3109, by October 22, 2018.
Assistance for Persons with Disabilities: Contact Lorie Villaflores, phone 360-725-7087, TTY 360-586-0241, email, by October 22, 2018.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The commissioner will consider updating WAC 284-17-423 to link a producer's license expiration to the end of their birth month, not their date of birth. The commissioner will also consider updating WAC 284-17-443 to provide clarification.
Reasons Supporting Proposal: The proposed rule changes under consideration will allow OIC to come into compliance with the National Association of Insurance Commissioners licensing model laws and best practices. The intent is to provide consistency and uniformity with other jurisdictions and to use business practices that will allow for a longer window to review licenses, appointments and affiliations.
Statutory Authority for Adoption: RCW 48.02.060 and 48.17.005.
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: Jim Tompkins, P.O. Box 40260, Olympia, WA 98504-0260, 360-725-7036; Implementation and Enforcement: Jeff Baughman, P.O. Box 40255, Olympia, WA 98504-0260 [98504-0255], 360-725-7156.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. This rule is exempt from a cost-benefit analysis under RCW 34.05.328 (5)(b)(ii) and (iii).
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party; and rules are adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of statewide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule.
September 19, 2018
Mike Kreidler
Insurance Commissioner
AMENDATORY SECTION(Amending WSR 09-02-073, filed 1/6/09, effective 7/1/09)
WAC 284-17-423Term of initial and reinstated individual license.
(1) Initial and reinstated individual licenses are valid from their date of issuance until the ((date))end of the licensee's next ((birthday anniversary))birth month plus one year. Additional licenses issued to the same active licensee will be on the same renewal cycle as the first license issued to that licensee.
(2) The renewal date of a business entity license is based on the date of application. The license is valid for two years. Additional licenses issued to the same active licensee will be on the same renewal cycle as the first license issued to that licensee.
AMENDATORY SECTION(Amending WSR 11-04-067, filed 1/28/11, effective 2/28/11)
WAC 284-17-443Renewal of appointments or affiliations.
(1) ((At least sixty days prior to the renewal date, an appointment or affiliation renewal notice will be sent to the insurer or business entity via email.
(2)))When the appointment or affiliation renewal is available online, the insurer or business entity may access and review the list ((online, make any changes, and must remit the))of their appointments or affiliations, remove any licensees from their list, and complete the renewal process by remitting the finalized list and correct fees via electronic submission to the commissioner. New appointments or affiliations may not be added until after the renewal process has been completed.
(((3)))(2) The online appointment or affiliation renewal and payment of fees must be completed no later than the renewal date.