Iowa Administrative Code

3.21(1) The presiding officer shall rule on admissibility of evidence and may, where appropriate, take official notice of facts in accordance with applicable requirements of law. 3.21(2) Stipulation of facts is encouraged. The presiding officer may make a decision based on stipul…

3.22(1) If a party fails to appear or participate in a contested case proceeding after proper service of notice as provided in subrule 3.5(1), the presiding officer may, if no adjournment is granted, enter a default decision or proceed with the hearing and render a decision in th…

3.23(1) Unless required for the disposition of ex parte matters specifically, through communication either written, oral, or other forms authorized by statute, following issuance of the notice of hearing, there shall be no communication, directly or indirectly, between the presid…

provide a copy of the whole or any portion of the record at a reasonable cost. The cost of preparing a copy of the record or of transcribing the hearing record shall be paid by the requesting party. Parties who request that a hearing be recorded by certified shorthand reporters r…

[ARC 7731C, IAB 3/20/24, effective 4/24/24]

3.26(1) When the commissioner presides over the reception of evidence at the hearing, the commissioner’s decision is a final decision. 3.26(2) When the commissioner does not preside over the reception of evidence, the presiding officer shall make a proposed decision. The proposed…

proposed decision. 3.26(3) The presiding officer’s decision shall specify in bold print either that the decision is final or that the decision shall become final without further proceedings after the time provided in rule 191—3.27(17A). 3.26(4) Any administrative law judge servin…

3.28(1) Any party to a contested case proceeding may file an application for rehearing from a final order. 3.28(2) The application for rehearing shall state on whose behalf it is filed, the specific grounds for rehearing, and the relief sought. In addition, the application shall …

3.29(1) Petition requirements for stay of division action. a. Any party to a contested case proceeding may petition the commissioner for a stay of an order issued in that proceeding or for other temporary remedies, pending review by the division. The petition shall be filed with …

3.3(1) Time shall be computed as provided in Iowa Code section 4.1(34). 3.3(2) For good cause, the presiding officer may extend or shorten the time to take any action, except as precluded by statute. Except for good cause stated in the record, before extending or shortening the t…

exists as to a matter that would be a contested case if such a dispute of fact existed, the parties may present all relevant admissible evidence either by stipulation or otherwise as agreed by the parties, without necessity for the production of evidence at an evidentiary hearing…

3.31(1) To the extent necessary to prevent or avoid immediate danger to the public health, safety, or welfare, and consistent with the Constitution and other provisions of law, the division may issue a written order in compliance with Iowa Code section 17A.18A to suspend a licens…

taken without a prior hearing, the commissioner’s order shall be sent to the last-known address of the party by certified mail, return receipt requested, unless the party is a licensee, in which case the order shall be sent by restricted certified mail. The order shall include a …

3.33(1) A party to a controversy that may culminate or has culminated in contested case proceedings may attempt settlement by complying with the procedures set forth in this subrule. No party shall be required to settle the controversy or contested case by submitting to settlemen…

contested case proceeding shall file a written request for such a proceeding within the time specified by the particular rules or statutes governing the subject matter or, in the absence of such law, the time specified in the division action in question. The request shall be file…

3.5(1) Service and delivery of the notice of hearing. a. Commencement of hearing. Delivery of the notice of hearing referred to in this rule constitutes commencement of the contested case proceeding. b. Delivery of the notice of hearing. Delivery shall be accomplished by personal…

3.6(1) If the presiding officer is not an administrative law judge, any party wishing to request that the presiding officer assigned to render a proposed decision be an administrative law judge employed by the department of inspections, appeals, and licensing must file a written …

proceeding may waive any provision of this chapter. However, the division may exercise discretion to refuse to give effect to such a waiver when the waiver is inconsistent with the public interest. [ARC 7731C, IAB 3/20/24, effective 4/24/24]

3.8(1) The presiding officer may resolve preliminary procedural motions by telephone conference, videoconference or other electronic means in which all parties have been afforded notice and an opportunity to participate. 3.8(2) The presiding officer may, on the officer’s own moti…

3.9(1) A presiding officer or other person shall withdraw from participation in the making of any proposed or final decision in a contested case if that person: a. Has a personal bias or prejudice concerning a party or a representative of a party; b. Has personally investigated, …

insurance market, certain types of life policy forms and certain policy provisions shall be either prohibited, altered or clarified as set out herein. This rule is intended to implement Iowa Code section 505.8 and chapter 508. [ARC 6119C, IAB 12/29/21, effective 2/2/22]

holding a certificate of authority under the provisions of Iowa Code chapter 508. This rule is intended to implement Iowa Code section 505.8 and chapter 508. [ARC 6119C, IAB 12/29/21, effective 2/2/22]

have the following meaning: “Founders policy” means a policy of insurance offered to the public by a newly organized stock life insurance company, issued on a participating basis with the representations that the purchasers will share preferentially in the future divisible surplu…

expressed in rule 191—30.1(508) and in conjunction with the intent of Iowa Code section 508.28, the use of certain types of policy forms and policy provisions shall be subject to the following prohibitions and regulations: 30.4(1) Policy names. Any insurance policy labeled or des…

30.5(1) Insurance companies required to file rates or forms with the division shall submit required rate and form filings pursuant to rule 191—20.1(505,509,514A,515,515A,515F). 30.5(2) Each filing must be submitted to the division of insurance not less than 60 days prior to the e…

insurance, an insurer may issue a policy with an effective date not more than six months prior to the date of the policy application. This regulation shall not be construed to prohibit the exercise of any exchange or conversion privileges in any policy or contract. This rule is i…

contract may extend beyond the term of the life of the corporation does not destroy it. We believe as a matter of public policy, insurance corporations frequently enter into such contracts. This is graphically illustrated in the case of a life insurance contract issued by a compa…

30.8(1) Purpose. The purpose of this rule is to authorize the electronic delivery of group life insurance certificates in an efficient manner by insurers and group policyholders, while guaranteeing that individual plan members still receive the important information contained in …

annuities. 30.9(1) Purpose and definitions. a. Purpose. The purpose of this rule is to clarify the authorized methods of delivery for notices of cancellation, nonrenewal or termination by an insurer or insurance producer required for contracts subject to approval by the commissio…

“Commissioner” shall mean the insurance commissioner of Iowa. “Contracts on a variable basis” or “Variable contract” shall mean any (group or individual) policy or contract issued by an insurance company which provides for insurance or annuity benefits which may vary according to…

31.2(1) No company shall deliver or issue for delivery variable contracts within this state unless it is licensed under Iowa Code chapter 508 entitled “Life Insurance Companies,” to do a life insurance or annuity business in this state; and the commissioner is satisfied that its …

31.3(1) No contract on a variable basis or certificate evidencing variable benefits issued pursuant to any such contract shall be issued or delivered to any person in this state until a copy of the form of the same has been filed pursuant to rule 191—20.1(505,509,514A,515,515A,51…

issuing variable contracts shall establish one or more separate or segregated accounts as provided in Iowa Code section 508.32 to invest and reinvest all or any of the amounts received in connection with such variable contracts subject to the following limitations. 31.4(1) Except…

in variable amounts shall mail to the contract holder, at least once in each contract year after the first, at the contract holder’s last address known to the company, a statement or statements reporting the investments held in the separate or segregated account and, in the case …

basis unless, prior to making any solicitation or sale of such a contract, the producer is also licensed for the variable products line of authority; however, any producer who participates only in the sale or offering for sale of variable contracts that are not registered under t…

provides a degree of protection to the policyholders and the public which is substantially equal to that provided by these regulations, the commissioner, to the extent deemed appropriate by the commissioner, may consider compliance with such law or regulation as compliance with t…

Iowa Code chapter 508 to make deposits of securities in custodian banks or clearing corporations in order to satisfy the legal reserve requirement imposed on those companies. These rules place requirements on such deposits which are for the protection of policyholders in the stat…

32.2(1) “Commissioner” means the commissioner of insurance of the state of Iowa. 32.2(2) “Company” means a company organized under Iowa Code chapter 508. 32.2(3) “Custodial account” means an account established by agreement between a company and a custodian pursuant to Iowa Code …

may be used to meet the legal reserve deposit requirements of Iowa Code section 511.8, subsection 16, provided such securities are held under written agreement with a custodian which provides: 32.3(1) That the custodial account is to be titled as follows: “____________ Insurance …

32.4(508) are hereby designated by the commissioner as places for the deposits under Iowa Code sections 508.6 and 511.8(16). Securities required to be deposited under these Iowa Code sections shall no longer be deposited with the commissioner. This rule is intended to implement I…

33.1(1) This chapter, applicable to variable life insurance policies, is promulgated under the authority of Iowa Code sections 505.8 and 508A.4. 33.1(2) This chapter is supplementary to 191—Chapter 31, which remains in effect except that, with respect to any variable life insuran…

company provides a degree of protection to the policyholders and the public which is substantially similar to that provided by this chapter, the commissioner to the extent deemed appropriate in the commissioner’s discretion, may consider compliance with such law or regulation as …

person or circumstance is for any reason held to be invalid, the remainder of the regulation and the application of such provision to other persons or circumstances shall not be affected thereby. These rules are intended to implement Iowa Code chapter 508A. [Filed 3/23/84, Notice…

“Affiliate” of an insurer means any person, directly or indirectly, controlling, controlled by, or under common control with such insurer; any person who regularly furnishes investment advice to such insurer with respect to its separate accounts for which a specific fee or commis…

are applicable to all insurers either seeking authority to issue variable life insurance in this state or having authority to issue variable life insurance in this state. 33.3(1) Licensing and approval to do business in this state. An insurer shall not deliver or issue for delive…

insurance form filed pursuant to this chapter unless it conforms to the requirements of this rule. 33.4(1) Filing of variable life insurance policies. Prior to delivery or issuance for delivery in this state, all variable life insurance policies, and all riders, endorsements, app…