Iowa Administrative Code

licensed facility which shall require an amendment to a disclosure statement include, but are not limited to, the following: 102.6(1) New or additional mortgages, security interests, loan commitments, long-term financing arrangements, or leases that materially affect the real pro…

102.7(1) A licensed facility or provider shall keep accurate accounts, books and records concerning transactions regulated under Iowa Code chapter 523D. 102.7(2) A licensed facility’s or provider’s accounts, books and records shall include: a. Copies of all contracts; b. The name…

manner that the licensed facility or provider has been sponsored, recommended, or approved or that the licensed facility’s or provider’s abilities or qualifications have in any respect been passed upon by the commissioner, the Iowa insurance division, or the state of Iowa. Noneth…

be deemed a violation which shall subject a person or entity to the procedures and penalties set forth in Iowa Code chapter 523D. [ARC 2826C, IAB 11/23/16, effective 12/28/16] These rules are intended to implement Iowa Code chapter 523D. [Filed ARC 2826C (Notice ARC 2724C, IAB 9/…

amended by 2019 Iowa Acts, Senate File 619, relating to service contracts and service companies. [ARC 2729C, IAB 9/28/16, effective 11/2/16; ARC 4495C, IAB 6/19/19, effective 5/20/19; ARC 4677C, IAB 9/25/19, effective 10/30/19]

103.10(1) All licensed service companies shall keep accurate accounts, books, and records concerning transactions regulated under Iowa Code chapter 523C as amended by 2019 Iowa Acts, Senate File 619. 103.10(2) A licensed service company’s accounts, books, and records shall includ…

amended by 2019 Iowa Acts, Senate File 619, shall be deemed a violation which shall subject a person or entity to the procedures and penalties set forth in Iowa Code chapter 523C as amended by 2019 Iowa Acts, Senate File 619. [ARC 2729C, IAB 9/28/16, effective 11/2/16; ARC 4495C,…

Acts, Senate File 619, section 1, are incorporated by this reference. In addition, the following definitions shall apply to this chapter. “Division” means the Iowa insurance division, supervised by the commissioner pursuant to Iowa Code section 505.8, in the division’s performanc…

by 2019 Iowa Acts, Senate File 619, or this chapter requires an item to be filed with the division, the applicable item shall be filed with the division’s securities and regulated industries bureau, regardless of whether the applicable item has already been filed elsewhere within…

filings, and copies of all required forms are available on the division’s website. [ARC 2729C, IAB 9/28/16, effective 11/2/16; ARC 4495C, IAB 6/19/19, effective 5/20/19; ARC 4677C, IAB 9/25/19, effective 10/30/19]

103.5(1) For purposes of Iowa Code section 523C.5(2)“b” as enacted by 2019 Iowa Acts, Senate File 619, section 5, “placing in trust with the commissioner” means filing a surety bond with the commissioner or creating a financial or custodial account in a manner acceptable to the c…

103.6(1) Defamation. A service company is prohibited from, directly or indirectly, doing, or aiding, abetting or encouraging, the following: the making, publishing, disseminating, or circulating of any oral or written statement, or of any pamphlet, circular, article or literature…

103.7(1) Service company licenses shall not be transferable. A service company which sells its business shall cancel its service company license, and the purchaser of the business shall apply for a new service license under the purchaser’s name. 103.7(2) A service company license…

103.9(1) All financial statements, including balance statements, filed pursuant to or prepared for purposes of Iowa Code chapter 523C as amended by 2019 Iowa Acts, Senate File 619, or this chapter shall be prepared in accordance with generally accepted accounting principles and c…

11.1(1) These rules are adopted pursuant to the general rule-making authority of the commissioner in Iowa Code chapters 505 and 522B to establish continuing education requirements for resident and nonresident insurance producers. 11.1(2) The purpose of these rules is to establish…

11.10(1) A CE provider must ensure that each classroom course is conducted by a qualified and competent instructor. 11.10(2) A CE provider must obtain and maintain an attendance record for each course for at least four years from the end of the year in which the course is offered…

qualified outside vendor to assist the division with any or all continuing education services. [ARC 4910C, IAB 2/12/20, effective 3/18/20]

be charged to the CE provider. Any discrepancies between the materials submitted for approval to the division and the content found at the audit, or any evidence of noncompliance with these rules, may subject the CE provider or instructor to administrative sanctions, including im…

11.14(1) The fees for approval and renewal of CE providers, CE courses and registration of instructors shall be set by the outside vendor retained by the division and are subject to approval by the division. Course approval fees are nonrefundable. 11.14(2) The division may charge…

191—10.2(522B), the following definitions apply: “Approved subject” or “approved course” means any educational presentation which has been approved by the division. “Attendance record” means a record on which a CE provider requires attendees of a CE course to sign in at the time …

11.3(1) Every licensed resident producer must complete a minimum of 36 credits for each CE term in courses approved by the division. Three of these credits must be in the subject of ethics. By the end of the last business day of the producer’s CE term, the division must receive f…

11.4(1) Producer duties. a. Producers must demonstrate compliance with the CE requirements at the time of license renewal. Procedures for completing the license renewal process are outlined in 191—Chapter 10. b. Producers must maintain a record of all CE courses completed by keep…

11.5(1) To qualify for approval a course must be designed to expand technical insurance skills and knowledge obtained prior to initial licensure or to develop new and relevant skills and knowledge. 11.5(2) Any approved active CE provider must submit a request for approval of any …

11.6(1) The following course topics are examples of subjects that will qualify for approval: 1. Rating; 2. Tax laws (specifically related to insurance); 3. Policy contents; 4. Proper uses of products; 5. Ethics; 6. Risk management; 7. Iowa insurance laws and administrative rules;…

provider must apply for renewal of each course with the division or its outside vendor. If a CE provider makes a substantial change to the content of a previously approved course, that course will not be eligible for renewal and must be submitted for a complete review.

division for a course. An appeal must be made in writing to the division within 30 days of the receipt by the CE provider of the notice of CE credit awarded for the course. If the division retains an outside vendor for course reviews, a CE provider must first complete an appeal p…

11.9(1) Any school, insurer, industry association or other organization intending to provide a course, program of study, or subject for continuing education credit must submit an application on a form or in a format prescribed by the division to become an approved CE provider. 11…

Iowa Code section 505.8. [ARC 9231B, IAB 11/17/10, effective 12/22/10]

may use for identifying insurers found to be in such condition as to render the continuance of their business hazardous to their policyholders, creditors, or the general public. This chapter shall not be interpreted to limit the powers granted the commissioner by any laws or part…

“Insurer” means a licensed insurer under Title XIII of the Iowa Code and fraternal benefit societies licensed under Iowa Code chapter 512B. [ARC 9231B, IAB 11/17/10, effective 12/22/10]

be considered by the commissioner to determine whether the continued operation of any insurer transacting an insurance business in Iowa might be deemed to be hazardous to its policyholders, creditors, or the general public. The commissioner may consider: 110.4(1) Adverse findings…

110.5(1) For the purposes of making a determination of an insurer’s financial condition under this chapter, the commissioner may: a. Disregard any credit or amount receivable resulting from transactions with a reinsurer that is insolvent, impaired, or otherwise subject to a delin…

accordance with 191—3.27(17A) at the instance of any party to the proceedings whose interests are substantially affected. [ARC 9231B, IAB 11/17/10, effective 12/22/10]

affected. [ARC 9231B, IAB 11/17/10, effective 12/22/10]

These rules are intended to implement Iowa Code section 505.8. [ARC 9231B, IAB 11/17/10, effective 12/22/10] [Filed ARC 9231B (Notice ARC 9105B, IAB 9/22/10), IAB 11/17/10, effective 12/22/10]

and set forth the procedures for filing and the required contents of the corporate governance annual disclosure. [ARC 2377C, IAB 2/3/16, effective 3/9/16]

commissioner under 2016 Iowa Code section 521H.4 in accordance with the procedures set forth in Iowa Code chapter 17A. [ARC 2377C, IAB 2/3/16, effective 3/9/16]

governance annual disclosure,” “disclosure,” “insurance group,” “insurance holding company system,” and “insurer” shall have the meanings set forth in 2016 Iowa Code section 521H.2. In addition, the following definition shall apply: “Senior management” means any corporate officer…

111.4(1) An insurer, or the insurance group of which the insurer is a member, required to file a corporate governance annual disclosure by 2016 Iowa Code section 521H.3 shall no later than June 1 of each calendar year submit to the commissioner a corporate governance annual discl…

111.5(1) The insurer or insurance group shall be as descriptive as possible in completing the corporate governance annual disclosure, with inclusion of attachments or example documents that are used in the governance process since these may provide a means to demonstrate the stre…

Iowa Code sections 521B.102, 521B.103 and 521B.105. [ARC 3496C, IAB 12/6/17, effective 1/10/18]

national standards governing reserve financing arrangements pertaining to life insurance policies containing guaranteed nonlevel gross premiums, life insurance policies containing guaranteed nonlevel benefits, and universal life insurance policies with secondary guarantees; and t…

pertaining to covered policies, as that term is defined in rule 191—112.5(521B), issued by any life insurance company domiciled in this state. This chapter and rule 191—5.33(510) shall both apply to such reinsurance treaties; provided, that in the event of a direct conflict betwe…

112.4(1) Reinsurance of: a. Policies that satisfy the criteria for exemption set forth in 191—subrule 47.5(6) or 47.5(7); and which are issued before the later of: (1) January 10, 2018, and (2) The date on which the ceding insurer begins to apply the provisions of VM-20 to establ…

“Actuarial method” means the methodology used to determine the required level of primary security, as described in rule 191—112.6(521B). “Covered policies” means the following: Subject to the exemptions described in rule 191— 112.4(521B), covered policies are those policies, othe…

112.6(1) The actuarial method that is used to establish the required level of primary security for each reinsurance treaty subject to this chapter shall be VM-20, applied on a treaty-by-treaty basis, including all relevant definitions, from the valuation manual as then in effect,…

opportunity for remediation. 112.7(1) Subject to the exemptions described in rule 191—112.4(521B) and the provisions of subrule 112.7(2), credit for reinsurance shall be allowed with respect to ceded liabilities pertaining to covered policies pursuant to Iowa Code sections 521B.1…

chapter shall not be affected. [ARC 3496C, IAB 12/6/17, effective 1/10/18]