Title 33, Chapter 23, Section 5
( 33-23-5)
(a) For the protection of the people of this state, the Commissioner shall not issue, continue, or permit to exist any license, except in compliance with this chapter and except as provided in Code Sections 33-23-12, 33-23-13, 33-23-14, 33-23-16, 33-23-17, and 33-23-29. The Commissioner shall not issue a license to any applicant for a license other than an agency license who does not meet or conform to qualifications or requirements set forth in paragraphs (1) through (8) of this subsection: (1) The applicant must be a resident of this state who will reside
and be present within this state for at least six months of every
year or an individual whose principal place of business is within
this state; provided, however, in cities, towns, or trade areas,
either unincorporated or comprised of two or more incorporated
cities or towns, located partly within and partly outside the
state, requirements as to residence and principal place of
business shall be deemed met if the residence or place of business
is located in any part of the city, town, or trade area and if the
other state in which the city, town, or trade area is located in
part has established like requirements as to residence and place
of business; (2) If applying for an agent's license for property and casualty
insurance, the applicant must not use or intend to use the license
for the purpose of obtaining a rebate or commission upon
controlled business; and the applicant must not in any calendar
year effect controlled business that will aggregate as much as 25
percent of the volume of insurance effected by such applicant
during such year, as measured by the comparative amounts of
premiums; (3) If applying for an agent's license, the applicant must have
been appointed an agent by an authorized insurer subject to
issuance of the license; (4) If applying for a subagent's certificate of authority, the
applicant must have been appointed a subagent by a licensed agent
subject to issuance of the certificate of authority; (5) The applicant must be of good character; (6) The applicant must pass any written examination required for
the license by this article; (7) If applying for a license as counselor, the applicant must
show that he or she has had five years' experience acting as
either an agent, subagent, or adjuster or in some other phase of
the insurance business which in the opinion of the Commissioner
has qualified the applicant to act as such counselor; and the
applicant shall pass such examination as shall be required by the
Commissioner; and (8) If applying for an agent's license, subagent's license, counselor's license, or adjuster's license, except as provided in subsection (c) of this Code section and in Code Sections 33-23-12, 33-23-13, 33-23-14, 33-23-16, 33-23-17, and 33-23-29, no applicant shall be qualified therefor or be so licensed unless he or she has: (A) Successfully completed classroom courses in insurance satisfactory to the Commissioner at a school which has been approved by the Commissioner; or (B) Completed a correspondence course in insurance approved by
the Commissioner and has had at least six months of responsible
insurance duties as a substantially full-time bona fide employee
of an agent or insurer or the managers, general agents, or
representatives of the insurer in the kind or kinds of insurance
for which such applicant seeks to be licensed. (b) Where the applicant's qualifications as required in subparagraph
(a)(8)(B) of this Code section are based in part upon the periods of
employment at responsible insurance duties, the applicant shall
submit with this application for license on a form prescribed by the
Commissioner an affidavit setting forth the period of such
employment, stating that the employment was substantially full time,
and giving a brief abstract of the nature of the duties performed by
the applicant. (c) An individual who was qualified to sit for an agent's or
adjuster's examination at the time such individual was employed by
the Commissioner and who while so employed was employed in
responsible insurance duties as a full-time bona fide employee shall
be permitted to take an examination if application for such
examination is made within 90 days after the date of termination of
employment with the Commissioner. (d) This Code section shall not apply as to any temporary license provided for in Code Section 33-23-13. |