Alabama Administrative Code

This chapter is promulgated by the Commissioner of Insurance pursuant to the general authority in Code of Ala. 1975, § 27-2-17 and the specific authority in §§ 8-1A-18 and 41-1-23. Notes Ala. Admin. Code r. 482-1-144-.02 New: Filed November 21, 2008; effective January 1, 2009. Fi…

This chapter applies to all insurers, surplus line brokers, and other persons or entities required to file Premium Tax Returns and Surplus Line Broker Tax Returns and pay Premium Taxes, Surplus Line Broker Taxes, and Fees as described in this chapter. Notes Ala. Admin. Code r. 48…

The following definitions apply for purposes of this chapter: (a) DOMESTIC INSURER, FOREIGN INSURER, and INSURER. As defined in Code of Ala. 1975, §§ 27-4A-2(4), -(5), and -(6), respectively. (b) EFT. An electronic funds transfer using the method(s) employed in the Electronic Fil…

(a) At the effective date of this chapter, the OPTins System is designated as the Electronic Filing System, including the system for EFT payment of Premium Taxes, Fees, and Surplus Line Broker Taxes, for purposes of this chapter. (b) From time to time after the effective date of …

(a) Commencing as provided in Rule 482-1-144-.10, all Premium Tax Returns shall be electronically filed through the OPTins System and such filing, when properly and timely made, shall constitute a filing of the Premium Tax Return with the Commissioner. Upon implementation as prov…

Commencing as provided in Rule 482-1-144-.10, Premium Taxes, Fees, and Surplus Line Broker Taxes due to the State of Alabama shall be paid by EFT through the Electronic Filing System. Upon implementation as provided in Rule 482-1-144-.10, the Department will not accept payment of…

(a) The requirements for electronic filing of Premium Tax Returns and Surplus Line Broker Taxes and EFT payment of Premium Taxes, Fees, and Surplus Line Broker Taxes as prescribed in this chapter do not change or affect the time for filing and payment. (b) The date and time a fil…

(a) Insurers and other persons and entities required to file Premium Tax Returns or Surplus Line Broker Tax Returns and pay Premium Taxes and Fees or Surplus Line Broker Taxes are responsible for taking all steps necessary for access to and use of the Electronic Filing System, in…

(a) Electronic filing of quarterly Premium Tax Returns and EFT payment of Premium Taxes and any Fees paid on a quarterly basis is effective with quarterly Premium Tax Returns to be filed for the first quarter of 2009, due no later than May 15, 2009. (b) Electronic filing of annua…

This chapter shall become effective January 1, 2009, upon its approval by the Commissioner of Insurance, and upon its having been on file as a public document in the office of the Secretary of State for ten days, subject to the implementation schedule in Rule 482-1-144-.10. Notes…

This chapter is adopted pursuant to Code of Ala. 1975, § 27-2-17 (1975) to effectuate provisions in Title 27 relating to licensing and aspects of 18 U.S.C. § 1033 granting authority to state insurance regulatory officials. Notes Ala. Admin. Code r. 482-1-146-.01 New Rule: June 11…

(1) The purpose of this chapter is to specify the requirements and procedures for furnishing individual criminal history information and for Department actions based on that information in determining:(a) Whether to issue or renew a license. (b) The applicability of 18 U.S.C. § 1…

As used in this chapter, these words and terms have the following meaning, unless the context clearly indicates otherwise: (a) BUSINESS OF INSURANCE. For purposes of 18 U.S.C. § 1033, the business of insurance is either the writing of insurance, or the reinsuring of risks, by a S…

(1) A completed criminal history disclosure form and all documentation requested in applicable portions of the form must be submitted by any individual: (a) Who discloses a criminal history in an application for a license or in the context of renewing an existing license. An indi…

(1) The Commissioner is designated as the insurance regulatory official in Alabama who may issue written consent as described in 18 U.S.C. § 1033(e)(2). (2) An individual who has been convicted of a Section 1033 offense and who is, or proposes to be, employed by and/or act as an …

(1) Based on information disclosed in the criminal history disclosure form and the form's supporting documentation and from any other sources, the Department, through the Department's legal division, will determine whether a criminal conviction was for a Section 1033 offense. Tha…

(1) The Department's legal division will initially screen a submitted criminal history disclosure form and supporting documentation, together with any supplemental information, to determine either or both of the following: (a) Whether the individual has been convicted of a felony…

(1) The Commissioner may impose reasonable conditions or terms on a Section 1033 consent, including a condition that the consent is temporary. A subsequent violation of any such conditions or terms may cause the Commissioner, in his or her discretion, to cancel or withdraw the Se…

(1) An individual may, in writing, request a hearing before the Commissioner as authorized by Ala. Code § 27-2-28(b) if the individual has been:(a) Denied a license. (b) Denied a Section 1033 consent. (c) Adversely affected by any other action or failure to act within the scope o…

A completed criminal history disclosure form and documentation submitted with that form, together with any written recommendation of the Review Committee within the scope of Rule 482-1-146, are designated as confidential and are not public records for the purposes of any statutes…

(1) A Section 1033 insurer subject to the Commissioner's examination authority shall have and apply the following: (a) An internal procedure for determining, by mean s of background checks or investigations or otherwise, whether applicants for employment or individuals with whom …

The Commissioner or another authorized representative of the Department may at any time refer any circumstances suggesting a willful violation of 18 U.S.C. § 1033(e) by any individual or entity to the appropriate law enforcement agencies or prosecutorial authorities for further i…

If any portion of this chapter or its applicability to any person or circumstance is held invalid by a court, the remainder of this chapter or the applicability of the provision to other persons or circumstances shall not be affected. Notes Ala. Admin. Code r. 482-1-146-.13 New R…

This chapter shall be effective upon its approval by the Commissioner of Insurance, and upon its having been on file as a public document in the office of the Secretary of State for ten days. Notes Ala. Admin. Code r. 482-1-146-.14 New Rule: June 11, 2009; effective July 1, 2009.…

(1) The purpose of this chapter is to set forth rules and procedural requirements the Commissioner deems necessary to carry out the provisions of Chapter 7 of the Code of Ala. 1975, Tit. 27 relating to the licensing and appointment of insurance producers, temporary producers, and…

Unless the context otherwise requires, terms found in this chapter are used as defined in Code of Ala. 1975, § 27-7-1. The following terms are defined for purposes of this chapter: (a) CAPTIVE PRODUCER. An insurance producer under contract to represent only one insurer or one gro…

Notes Ala. Admin. Code r. 482-1-147-.03 New Rule: October 18, 2012; effective January 1, 2013. Filed with LRS October 18, 2012. Rule is not subject to the Alabama Administrative Procedure Act. Repealed by Alabama Administrative Monthly Volume XLI, Issue No. 10, July 31, 2023, eff…

Notes Ala. Admin. Code r. 482-1-147-.04 New Rule: October 18, 2012; effective January 1, 2013. Filed with LRS October 18, 2012. Rule is not subject to the Alabama Administrative Procedure Act. Repealed by Alabama Administrative Monthly Volume XLI, Issue No. 10, July 31, 2023, eff…

Notes Ala. Admin. Code r. 482-1-147-.05 New Rule: October 18, 2012; effective January 1, 2013. Filed with LRS October 18, 2012. Rule is not subject to the Alabama Administrative Procedure Act. Repealed by Alabama Administrative Monthly Volume XLI, Issue No. 10, July 31, 2023, eff…

(1) (a) Except as provided in paragraph (3), all individuals must successfully pass an examination prior to becoming licensed as an insurance producer for the following lines of authority: 1. Life. 2. Health. 3. Property. 4. Casualty. 5. Personal Lines. 6. Bail Bonds. (b) An outl…

(1) Business Entity Producer. A business entity may be issued an insurance producer license in accordance with the following:(a) To be licensed as an insurance producer, a business entity must be a corporation, a limited liability company, a partnership, a limited partnership, a …

(1) Temporary License - Pending Examination.(a) An individual otherwise qualified as an insurance producer except as to having taken and passed the written examination may apply for a temporary producer license according to the requirements set forth in this rule for the followin…

(1) An individual may be licensed as a service representative according to the requirements set forth in this rule for the following lines of insurance: (a) Property. (b) Casualty. (c) Personal Lines. (2) No new license as a service representative will be issued on and after Janu…

(1) Any producer, including individuals and business entities, acting on behalf of an insurer must be appointed by the insurer. All temporary producers and service representatives must be appointed by any and all insurers they represent. (2) All appointments are handled on-line t…

(1) The willful violation of any material provision of this chapter may subject a licensee to an administrative proceeding. (2) By means of a settlement agreement and consent order, or by order issued after other appropriate administrative proceedings, an applicant may be issued …

Individuals applying for an initial resident license as insurance producer or applying for an additional line of authority under an existing resident license as insurance producer are subject to the requirements set forth in Chapter 482-1-157. Notes Ala. Admin. Code r. 482-1-147-…

(1) If any rule or portion of a rule or its applicability to any person or circumstance is held invalid by a court, the remainder of this chapter or the applicability of the provision to other persons or circumstances shall not be affected. (2) This chapter shall become effective…

(1) The purposes of this chapter are as follows:(a) To set forth rules and procedural requirements the Commissioner deems necessary to carry out the provisions of Chapter 25 of Code of Ala. 1975, Tit. 27, relating to the licensing of title insurance agents; the issuance of title …

Unless the context otherwise requires, terms found in this chapter are used as defined in Code of Ala. 1975, § 27-25-3. Additionally, the following terms shall be defined for purposes of this chapter as follows: (a) BUSINESS ENTITY. A domestic entity properly formed and existing …

Notes Ala. Admin. Code r. 482-1-148-.03 New Rule: October 18, 2012; effective January 1, 2013. Filed with LRS October 18, 2012. Rule is not subject to the Alabama Administrative Procedure Act. Repealed by Alabama Administrative Monthly Volume XLI, Issue No. 10, July 31, 2023, eff…

Notes Ala. Admin. Code r. 482-1-148-.04 New Rule: October 18, 2012; effective January 1, 2013. Filed with LRS October 18, 2012. Rule is not subject to the Alabama Administrative Procedure Act. Repealed by Alabama Administrative Monthly Volume XLI, Issue No. 10, July 31, 2023, eff…

Notes Ala. Admin. Code r. 482-1-148-.05 New Rule: October 18, 2012; effective January 1, 2013. Filed with LRS October 18, 2012. Rule is not subject to the Alabama Administrative Procedure Act. Repealed by Alabama Administrative Monthly Volume XLI, Issue No. 10, July 31, 2023, eff…

(1) (a) Except as provided in paragraph (2), all individuals must successfully pass an examination prior to becoming licensed as a title insurance agent. (b) An outline of the examination will be posted on the Department's Web site setting forth the number of questions on the exa…

(1) All title insurance commitments, policies and endorsements issued by a title insurance agent and insuring an interest in real property situated in this state must be issued and signed by a duly licensed and appointed title insurance agent. The signature block shall contain th…

(1) All title insurance agents licensed in the State of Alabama are required to submit a completed application for license renewal with the Department and remit fees required in Code of Ala. 1975, § 27-25-4.7(a)(1), adjusted according to Ala. Code 1975, § 41-1-11, as set forth be…

(1) (a) Individual licensees shall satisfactorily complete such courses or programs of instruction as may be approved in accordance with this chapter in the minimum number of 24 classroom hours, 3 hours of which shall be on the topic of ethics, in order to be eligible to renew a …

(1) The Commissioner shall approve and authorize providers of continuing education courses and programs, and will designate any such course as being acceptable for the purposes of this chapter. Each such authority holder must apply annually for the continued authority to offer co…

(1) All title insurance agents, including individuals and business entities, must be appointed by any and all title insurers they represent. (2) All appointments are handled on-line through NIPR. (3) The notice of appointment shall be completed by the insurer within 15 days from …

(1) (a) Every title insurance agent subject to this chapter shall complete an application for license renewal in accordance with Rule 482-1-148-.08. (b) The license of any individual or business entity title insurance agent failing to complete the application for license renewal …

(1) The willful violation of any material provision of this chapter may subject a licensee to an administrative proceeding. (2) By means of a settlement agreement and consent order, or by order issued after other appropriate administrative proceedings, an applicant may be issued …