Title 15Commerce and TradeRelease 119-73

§6755 Bylaws, standards, and disciplinary actions

Title 15 › Chapter CHAPTER 93— - INSURANCE › Subchapter SUBCHAPTER III— - NATIONAL ASSOCIATION OF REGISTERED AGENTS AND BROKERS › § 6755

Last updated Apr 6, 2026|Official source

Summary

Require the Association to set up rules for making bylaws and standards that are like the Administrative Procedure Act, but the Board and Association are not bound by that Act. The Board must send any proposed bylaw, standard, or change to the President through the Department of the Treasury, to the States (including state insurance regulators), and put it on the Association’s website with a short statement explaining why it is proposed. After giving notice and a chance for public comment, the Association may set the date the proposal takes effect unless it is suspended under section 6759(c). When the Association seeks to deny, suspend, revoke, not renew membership, place a member on probation, or impose fines, it must bring specific charges, tell the member, allow the member to defend themself, and keep a record. Any decision must explain what the member did, which law or Association rule was broken, and what punishment was given and why. Board members appointed under section 6754(c)(3) may not take part in such actions, be counted for a quorum in them, or see confidential information about them.

Full Legal Text

Title 15, §6755

Commerce and Trade — Source: USLM XML via OLRC

(a)(1)The Association shall adopt procedures for the adoption of bylaws and standards that are similar to procedures under subchapter II of chapter 5 of title 5 (commonly known as the “Administrative Procedure Act”).
(2)The Board shall submit to the President, through the Department of the Treasury, and the States (including State insurance regulators), and shall publish on the website of the Association, all proposed bylaws and standards of the Association, or any proposed amendment to the bylaws or standards of the Association, accompanied by a concise general statement of the basis and purpose of such proposal.
(3)Any proposed bylaw or standard of the Association, and any proposed amendment to the bylaws or standards of the Association, shall take effect, after notice under paragraph (2) and opportunity for public comment, on such date as the Association may designate, unless suspended under section 6759(c) of this title.
(4)Nothing in this section shall be construed to subject the Board or the Association to the requirements of subchapter II of chapter 5 of title 5 (commonly known as the “Administrative Procedure Act”).
(b)(1)In any proceeding to determine whether membership shall be denied, suspended, revoked, or not renewed, or to determine whether a member of the Association should be placed on probation (referred to in this section as a “disciplinary action”) or whether to assess fines or monetary penalties, the Association shall bring specific charges, notify the member of the charges, give the member an opportunity to defend against the charges, and keep a record.
(2)A determination to take disciplinary action shall be supported by a statement setting forth—
(A)any act or practice in which the member has been found to have been engaged;
(B)the specific provision of this subchapter or standard of the Association that any such act or practice is deemed to violate; and
(C)the sanction imposed and the reason for the sanction.
(3)Board members appointed pursuant to section 6754(c)(3) of this title may not—
(A)participate in any disciplinary action or be counted toward establishing a quorum during a disciplinary action; and
(B)have access to confidential information concerning any disciplinary action.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to this section were contained in section 6758 of this title, prior to the general amendment of this subchapter by Pub. L. 114–1. A prior section 6755, Pub. L. 106–102, title III, § 325, Nov. 12, 1999, 113 Stat. 1424, related to membership in the Association, prior to the general amendment of this subchapter by Pub. L. 114–1. See section 6753 of this title.

Reference

Citations & Metadata

Citation

15 U.S.C. § 6755

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73