Iowa Administrative Code

10.18(1) Application. A business entity may apply for an Iowa insurance license. For purposes of this rule, upon approval of an application by the division, the business entity will be classified as a producer and is subject to all standards of conduct and reporting requirements …

10.19(1) Purpose. The purpose of this rule is to set forth standards to protect consumers from misleading and fraudulent marketing practices with respect to the use of senior-specific certifications and professional designations in the solicitation, sale or purchase of, or advice…

In addition to the definitions in 191—1.1(502,505), the following definitions apply: “Appointment” means a notification filed with the division or its designated vendor that an insurer has established an agency relationship with a producer. A company filing such a request must ve…

10.20(1) A producer who sells, solicits or negotiates insurance, directly or indirectly, in violation of this chapter is deemed to be in violation of Iowa Code section 522B.2 and is subject to the penalties provided in Iowa Code section 522B.17. 10.20(2) A person who sells, solic…

10.21(1) The commissioner must deny the producer’s application for license issuance, renewal, reinstatement, or reissuance; suspend a current license; or revoke a currently suspended license upon receipt of a certificate of noncompliance from the CSRU according to the procedures …

10.24(1) The division may enter into a contractual relationship with an outside testing service, in compliance with Iowa law, to provide the licensing examinations for all lines of authority which require an examination. 10.24(2) If contracted, the outside testing service must ad…

An original of each form necessary for the producer’s licensure, appointment and termination may be downloaded from the NAIC website, and the division’s website will provide a link to that site. Exact, readable, high-quality copies may be made therefrom. [ARC 4910C, IAB 2/12/20, …

10.26(1) Fees may be paid by check, money order, or credit card. 10.26(2) The fee for an examination may be set by the outside testing service under contract with the division and must be approved by the division. 10.26(3) The fee for issuance or renewal of a producer license is …

10.3(1) No person may sell, solicit or negotiate insurance in Iowa until that person has been issued an Iowa producer license. 10.3(2) A person offering to the public, for a fee or commission, to engage in the business of offering any advice, counsel, opinion or service with resp…

10.4(1) A person whose home state is Iowa and who desires to be licensed as a producer must satisfy the following requirements: a. Be at least 18 years of age; b. Have not committed any act that is grounds for denial under subrule 10.20(4); c. Submit a completed uniform applicati…

10.5(1) A producer for whom Iowa is not the home state who desires to sell, solicit or negotiate insurance in Iowa must satisfy the following requirements to obtain an Iowa nonresident producer license: a. Be licensed and in good standing in the home state; b. Submit a proper req…

10.51(1) Limited licenses for vehicle rental companies and counter employees. a. Purpose. The purpose of this subrule is to govern the qualifications of and procedures for the licensing of vehicle rental companies and counter employees and to set out the requirements, procedures …

10.6(1) In order to be issued a producer license, a person must meet the requirements of Iowa Code sections 522B.4 and 522B.5, or section 522B.7, and rule 191—10.5(522B), unless otherwise denied licensure pursuant to Iowa Code section 522B.11 or rule 191—10.20(522B). The initial …

In addition to the lines of authority listed in Iowa Code subsection 522B.6(2), the following lines of authority also are available for issuance in Iowa: crop, surety, and reciprocal (any other line of insurance issued in another state and for which Iowa grants authority to sell,…

10.8(1) Upon request by a licensed producer, the division must electronically transmit a producer renewal notice to the producer’s last-known electronic mail address as it appears in division records. If the division has received notification that the electronic address of record…

10.9(1) A resident producer may reinstate an expired license up to 12 months after the license expiration date by proving that during the applicable continuing education (CE) term the producer met the CE requirements found in 191—Chapter 11 and by paying a reinstatement fee and a…

This chapter is promulgated to implement and administer Iowa Code chapter 523A, which regulates the sale of cemetery merchandise, funeral merchandise, funeral services and any combination of those items. [ARC 2258C, IAB 11/25/15, effective 12/30/15; ARC 2730C, IAB 9/28/16, effect…

Preneed seller licenses and sales agent licenses have the following three statuses: 100.10(1) No license. A person has no current preneed seller or sales agent active or restricted license issued by the commissioner. 100.10(2) Active license. A person has had a license issued by …

To obtain a preneed seller license as required by Iowa Code section 523A.501 or a sales agent license as required by Iowa Code section 523A.502, a person must submit an application to the commissioner pursuant to this rule. A person shall not accept any payment or funding, includ…

100.12(1) Information to be reviewed for evaluation of application for a license. In order to determine whether to approve or deny an application for a license, the commissioner shall review all information that is submitted with the application, obtained through criminal history…

100.13(1) Approval of license application. If the commissioner approves a license application, the commissioner shall issue a license, the term of which shall begin the day the license is issued and end April 15. 100.13(2) License denial. The commissioner may deny a license appli…

For each license term, each licensed sales agent shall complete a minimum of three credits of continuing education in courses acceptable to the commissioner, which may include independent study courses, pursuant to paragraph 100.14(2)“g.” Completion of the required continuing edu…

100.15(1) Procedure for renewal. The commissioner shall renew preneed sellers’ licenses, pursuant to Iowa Code section 523A.501(7), or sales agents’ licenses, pursuant to Iowa Code section 523A.502(5), for both active and restricted status licenses, if the preneed sellers or sale…

100.16(1) Fraudulent or deceptive acts in procuring a license. An individual shall not engage in fraudulent or deceptive acts in procuring a preneed seller or sales agent license. Prohibited acts include but are not limited to the following: a. False representations of a material…

100.17(1) Definition. The term “reinstatement” as used in this rule means changing the status of a license from restricted to active. 100.17(2) Application for reinstatement. Any preneed seller or sales agent whose license is restricted may request reinstatement by filing an appl…

100.18(1) Manner of payment. Fees shall be paid by electronic payment as permitted by the commissioner. 100.18(2) Nonrefundable. Fees are not refundable. 100.18(3) Specific fees. Fees are set by Iowa Code chapter 523A and by this chapter. a. The license fee for a preneed seller a…

100.19(1) Creation of master trusts. Pursuant to Iowa Code section 523A.203, a preneed seller may commingle the care funds of multiple beneficiaries in a master trust. When a preneed seller enters into a master trust agreement and establishes a master trust agreement at a financi…

The definitions in Iowa Code chapter 523A are incorporated by this reference. In addition, the following definitions shall apply to this chapter: “Active license” means a license that is in effect and in good standing. “Commissioner” means the Iowa insurance commissioner or staff…

A preneed seller may withdraw interest or income, as defined by Iowa Code section 523A.102, from trusts holding funds which are established pursuant to Iowa Code section 523A.201(8) and which are related to purchase agreements executed on or after July 1, 1987, in accordance with…

The requirement set forth in Iowa Code section 523A.602(2) “b”(1) applies to any purchase agreement executed on or after July 1, 2001. [ARC 2258C, IAB 11/25/15, effective 12/30/15]

The inflation factor adjustment to be used for Iowa Code sections 523A.201(8) and 523A.602(2)“b”(1), for years 1987 and later, shall be the consumer price index for all urban consumers (CPI-U) issued by the U.S. Department of Labor’s Bureau of Labor Statistics. [ARC 2258C, IAB 11…

100.23(1) In lieu of the trust requirements of Iowa Code section 523A.405, a preneed seller may file with the commissioner a surety bond. The surety bond shall be in the form as directed by the commissioner and as available on the commissioner’s website. 100.23(2) A surety bond c…

100.25(1) Applicability. This rule applies only to storage existing on or before July 1, 2007, under purchase agreements executed between July 1, 1987, and July 1, 2007. 100.25(2) Warehousing not permitted. After July 1, 2007, warehousing shall not be used as an alternative to th…

100.3(1) Contact information. All mailed complaints, inquiries and correspondence shall be sent to Securities and Regulated Industries Bureau, Iowa Insurance Division, 1963 Bell Avenue, Suite 100, Des Moines, Iowa 50315. Telephone inquiries may be made at (877)955-1212. Electroni…

Rules 191—100.30(523A) through 191—100.36(523A) are intended to establish certain minimum standards and guidelines of conduct for preneed sellers and sales agents by identifying required actions or practices. Failure to comply with these rules may be grounds for action under Iowa…

100.31(1) Advertising. a. A preneed seller or sales agent shall not engage in any act or practice that violates Iowa Code section 523A.702 or 523A.703, whether or not actual harm or injury occurs, including but not limited to making untrue or improbable statements in advertisemen…

100.33(1) By preneed sellers. a. Time for retaining records. If no other legal provision governs record retention, a preneed seller shall keep all records required to be kept by this rule either from the date of the preneed seller’s last examination by the commissioner or for a m…

When a preneed seller or sales agent changes the funding method for a prepaid purchase agreement, this rule applies. 100.34(1) Change in funding of a purchase agreement. When a purchaser changes the funding source for a purchase agreement from a bank account or trust account to f…

100.35(1) Sale or transfer of purchase agreements or of business. A preneed seller shall not change ownership of a business, sell all or part of a business, cease business, or sell or transfer purchase agreements as part of the sale of a business or the assets of a business, unle…

100.40(1) The commissioner may impose sanctions as set forth in Iowa Code section 523A.807 and rules 191—100.40(523A) and 191—100.41(523A), or place a license in restricted status, if the commissioner finds that a preneed seller, sales agent, or owner, partner, member, director, …

100.41(1) Investigations. The commissioner is authorized by Iowa Code sections 17A.13(1) and 523A.803 to conduct such investigations as the commissioner deems necessary to determine whether any person has violated or is about to violate Iowa Code chapter 523A. The commissioner is…

This chapter is intended to implement and administer the provisions of Iowa Code chapter 523I, which regulates burial sites and cemeteries. [ARC 2810C, IAB 11/9/16, effective 12/14/16; ARC 6547C, IAB 10/5/22, effective 11/9/22]

The division may use an independent expert to review whether a care fund or a perpetual care cemetery is in compliance with Iowa Code chapter 523I and this chapter. Costs of the independent expert review shall be borne by the perpetual care cemetery. [ARC 2810C, IAB 11/9/16, effe…

For purposes of this chapter, the definitions of Iowa Code chapter 523I are incorporated by reference. In addition, the following definitions shall apply: “Division” means the Iowa insurance division, supervised by the commissioner pursuant to Iowa Code section 505.8, in the divi…

If the division performs an on-site examination of a perpetual care cemetery pursuant to Iowa Code section 523I.213A, the perpetual care cemetery shall pay the division fee of $150. The fee will not be assessed more than once every five years. In addition, the division reserves t…

The offer to provide cemetery merchandise or services for a death in the future, including the death of the purchaser, of a beneficiary, or of a person other than the purchaser or beneficiary, except if it is the sale of a purchase agreement in compliance with Iowa Code chapter 5…

The notice filed by a cemetery reporting a disinterment pursuant to Iowa Code section 523I.309(6) shall include a description of the error, the reason the error occurred, the identity of all parties in interest, the date of the initial interment, the identity of the remains being…