New Jersey Administrative Code

(a) These rules shall be liberally construed to permit the Bureau of Fraud Deterrence to discharge its statutory function. (b) Upon notice to all parties, these rules may be relaxed for good cause in a particular situation in order to effectuate the purposes of the New Jersey Ins…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. "Administrative complaint" means a pleading that provides the notice to a person required by N.J.S.A. 17:33A-5c that a civil and administra…

(a) Before a civil and administrative penalty is imposed, the BFD shall serve the respondent with a notice, in the nature of an administrative complaint, in the manner provided in N.J.A.C. 11:16-7.5. The notice shall include: 1. A reference to the statute, rule, order and/or proh…

(a) If the respondent is an individual, service of the notice of administrative complaint described in N.J.A.C. 11:16-7.4 may be made by delivering a copy of the administrative complaint to the respondent, personally or by leaving a copy thereof at the respondent's dwelling place…

(a) If a respondent does not deliver to BFD a written request for a hearing in the form and manner required by N.J.A.C. 11:16-7.8, a final agency order shall be issued imposing the civil and administrative penalty or penalties described in the administrative complaint as well as …

(a) In order for a matter set forth in an administrative complaint to be deemed concluded by consent of the respondent to the imposition of the civil and administrative penalty described in the notice, the BFD may require any or all of the following in an administrative consent o…

(a) A respondent shall have 20 calendar days from the date of service of an administrative complaint within which to deliver a written request for a hearing to the BFD. (b) A request for a hearing shall include: 1. The name, address and daytime telephone number of the respondent;…

(a) Civil and administrative penalties may be imposed of not more than $ 5,000 for the first violation; $ 10,000 for the second violation; and $ 15,000 for each subsequent violation of any provision of N.J.S.A. 17:33A-1 et seq. and restitution may be ordered to any insurance comp…

(a) This chapter implements provisions of N.J.S.A. 17:22A-26 et seq., the New Jersey Insurance Producer Licensing Act of 2001 (the Act). The chapter concerns the licensing conduct of insurance producers and shall be considered part of the insurance law of the State of New Jersey,…

(a) Words and terms contained in the Act, when used in this chapter, shall have the meanings as defined in the Act, unless the context clearly indicates otherwise. (b) The following words and terms, when used in this chapter, shall have the following meanings, unless the context …

Pursuant to N.J.S.A. 17:22A-43b(3) and for purposes of carrying out the provisions of the Federal Nonadmitted and Reinsurance Reform Act of 2010, P.L. 111-203, § 523, the Commissioner shall utilize the national insurance producer database of the NAIC (through the National Insuran…

(a) The terms of individual producer licenses are established as set forth below. 1. The first term of licenses that are initially issued shall expire on the last day of the birth month of the producer in the year that will result in the term of the license being at least 18 mont…

(a) The agency relationship between company and producer is subject to the following requirements: 1. An agency relationship between an insurance company and licensed producer is established by written contract executed by both parties. Both parties shall maintain copies of agenc…

(a) Pursuant to the provisions of the Act, a surviving spouse, or court-appointed personal representative of a deceased or disabled producer, or a member or employee of a business entity in which the designated responsible licensed producer dies or becomes disabled, or a designee…

(a) The following requirements relate to the provision of criminal history information by licensed producers and license applicants. 1. An applicant for an initial individual resident license shall complete an electronic fingerprint scan through the vendor approved by the Departm…

(a) The following fees shall be payable as set forth in this chapter: 1. License fee, not limited line, for a biennial license: $ 150.00; 2. License fee for limited line only, for a biennial license: $ 75.00; 3. Filing or processing initial application, electronic online submissi…

(a) Whenever it appears from an application, renewal form, attached documents or Department records that an applicant has not demonstrated the qualifications prescribed in the Act and this chapter, the Department shall advise the applicant in writing that the license requested is…

(a) A licensee may surrender a current producer license by returning the license document to the Department for cancellation at any time before expiration. The Department may refuse to accept a request for cancellation of a business entity license unless all current licensed offi…

(a) The following licensee records shall be public records in accordance with N.J.S.A. 47:1A-1 et seq.: 1. Individual licensee: Name, license reference number, business name, business mailing and location address, business telephone and fax numbers, date of birth, license authori…

(a) The Department may request that licensed producers and license applicants submit their social security numbers to the Department. All such requests shall either include or be accompanied by a notice stating: 1. The purpose or purposes for which the Department intends to use t…

(a) Producers licensed in accordance with the Act and this chapter shall be authorized to write the kinds of insurance designated, if qualified by each authority set forth below. 1. Life Authority: All coverages defined as "life insurance" in N.J.S.A. 17B:17-3; and all coverages …

(a) Requirements for a first time applicant for an individual license are as follows: 1. A properly completed application, in a form, including electronic online submissions, approved by the Department or the current version of the NAIC uniform application for individual producer…

(a) A limited lines portable electronics insurance producer license issued to a portable electronics insurance vendor shall authorize the licensee and its employees or authorized representatives to engage in those activities permitted pursuant to that license. The insurer providi…

(a) The Commissioner or his or her designee is authorized to issue a temporary work authority allowing the applicant to begin work when the applicant has submitted in proper form the items required by N.J.A.C. 11:17-2.3 if the submission does not disclose any matter that may disq…

(a) A current licensee shall renew a license in the following manner: 1. Prior to expiration of the current license term, each licensee shall submit a properly completed renewal application, including electronic online submissions, together with payment of renewal fees in accorda…

(a) A currently licensed individual producer may obtain additional authorities as described in N.J.A.C. 11:17-2.2 by submitting a written request to the Department or by completing an online application, which may be submitted by an authorized submitter, and by providing the foll…

(a) No resident licensed individual producer shall conduct insurance business under a name other than his or her legal name unless the name has been filed with and approved by the Department. Nothing in this section shall prohibit the transaction of business under the licensee's …

(a) Except for licensees with authority in only ticket insurance, group mortgage cancellation insurance, legal insurance, credit insurance, car rental insurance, travel insurance or self-storage personal property insurance, licensees shall file with the Department by hard copy or…

(a) Persons and entities that establish programs that include teaching or offering insurance courses to satisfy professional qualification requirements for prelicensing or continuing education for producers or continuing education for public adjusters shall, prior to conducting s…

(a) Each approved insurance education provider (except as modified hereafter) shall: 1. Maintain an office where student records, samples of all instructional material used, and the certificate of approval for the program are kept. The office shall be accessible to the Department…

(a) An insurance education provider may be denied approval for failure to meet the requirements of this subchapter. (b) Any denial of an application for approval of insurance education provider's program, or any proposal to revoke or suspend approval of insurance education provid…

(a) Except as provided in (e) through (g) below, each applicant for a resident insurance producer's license that is not solely for a limited line product shall pass a course of prelicensing education offered by a provider approved by the Department with the appropriate number of …

(a) Except for applicants seeking authority in only travel insurance, car rental insurance, ticket insurance, group mortgage cancellation insurance, legal insurance, credit insurance, or self-storage personal property insurance, all applicants for a resident insurance producer li…

(a) No resident individual insurance producer licensed with life, accident, and health or sickness, property, casualty, surplus lines, title, variable life and variable annuity, or personal lines authority shall be renewed unless the renewal applicant demonstrates that he or she …

Notes N.J. Admin. Code § 11:17-3.7 Amended by R.1998 d.153, effective 4/6/1998. See: 29 N.J.R. 5259(a), 30 N.J.R. 1318(a). In (a)1, inserted a reference to a Chartered Financial Consultant designation. Recodified from N.J.A.C. 11:17-3.5 by R.2002 d.354, effective 11/4/2002. See: …

This subchapter implements the provisions of N.J.S.A. 17:22C-1 et seq. This subchapter sets forth the procedures for the regulation of certain persons, firms, associations or corporations who act as managing general agents on behalf of insurers. Notes N.J. Admin. Code § 11:17-6.1…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Commissioner" means the Commissioner of the New Jersey Department of Insurance. "Insurer" means: 1. Any corporation, association, partn…

(a) Subject to (f) below, no person, firm, association or corporation shall act in the capacity of a managing general agent with respect to risks located in this State for an insurer licensed in this State unless such person is licensed as an insurance producer in this State, wit…

(a) No insurer shall appoint or continue to use the services of any MGA to act for it in this State, either directly or indirectly through sub-agents of the MGA, unless the managing general agent is qualified to act as an MGA in this State pursuant to N.J.A.C. 11:17-6.3. (b) The …

(a) No person, firm, association or corporation shall act as an MGA with respect to risks located in this State for an insurer licensed or domiciled in this State, unless the MGA and the insurer have notified the Commissioner as provided (b) below. (b) Insurers and MGAs required …

(a) If the contract between the MGA and the insurer permits the MGA to settle claims on behalf of the insurer the MGA shall comply with the requirements governing the settlement of claims set forth in N.J.S.A. 17:29B-4, 17B:30-13.1 and 17B:30-13.2 as applicable and any regulation…

(a) All policy and claim files shall be the joint property of the insurer and MGA. Upon termination of the MGA appointment for this State, all original policy and claim files shall be returned to the insurer. The MGA may retain copies of these files. (b) All books and records of …

(a) If the Commissioner finds, after notice and opportunity for a hearing pursuant to the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. as implemented by the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, that any person has violated any provisi…

This subchapter implements the provisions of N.J.S.A. 17:22E-1 et seq. This subchapter sets forth the procedures for the regulation of certain persons, firms, associations or corporations who act as reinsurance intermediaries and for insurers which transact business through a rei…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: "Commissioner" means the Commissioner of the New Jersey Department of Insurance. "Controlling person" means a person which directly or i…

(a) No person shall act as a reinsurance intermediary in this State unless licensed as a producer in this State, with authority for the kind and kinds of business to be transacted. The Commissioner may authorize a person to act as a reinsurance intermediary if that person has com…

(a) No person, firm, association or corporation shall act as a reinsurance intermediary-broker in this State if the reinsurance intermediary-broker maintains an office either directly or as a member or employee of a firm or association, or an officer, director or employee of a co…

(a) No insurer or reinsurer shall appoint or continue to use the services of a reinsurance intermediary unless the reinsurance intermediary is qualified to act as a reinsurance intermediary in this State pursuant to N.J.A.C. 11:17-7.3 and 7.4. (b) Transactions between a reinsuran…

(a) For at least 10 years after the expiration of each contract of reinsurance transacted by the reinsurance intermediary, the reinsurance intermediary shall keep a complete record for each transaction showing: 1. The type of contract, limits, underwriting restrictions, classes o…

(a) If the Commissioner finds, after notice and opportunity for a hearing pursuant to the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., as implemented by the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, that any person has violated any provis…