[Rev. 11/21/2013 1:08:34
PM--2013]
CHAPTER 683C - INSURANCE CONSULTANTS
NRS 683C.010 “Insurance
consultant” defined.
NRS 683C.018 Applicability
of other provisions of NRS.
NRS 683C.020 License
required; exceptions; penalty.
NRS 683C.030 Application
for license; requirements; duration of license. [Effective until the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
NRS 683C.030 Application
for license; requirements; duration of license. [Effective on the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for noncompliance
with certain processes relating to paternity or child support proceedings.]
NRS 683C.035 Form
and prerequisites for approval of application for license; licensing of
business organization; verification of information; duration of license.
NRS 683C.040 Renewal
of license: Application; fee; requirements. [Effective until the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
NRS 683C.040 Renewal
of license: Application; fee; requirements. [Effective on the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
NRS 683C.043 Payment
of child support: Statement by applicant for license; grounds for denial of
license; duty of Commissioner. [Effective until the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 683C.047 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 683C.050 Requirements
for partnership or corporation licensed as insurance consultant.
NRS 683C.060 Written
agreement with client required before rendering services.
NRS 683C.070 Licensee
prohibited from holding other licenses concurrently.
NRS 683C.080 Association
with and compensation from certain persons who sell insurance prohibited.
NRS 683C.100 Obligations.
NRS 683C.105 Submission
of location of business or change in location of business or residence;
penalty.
NRS 683C.110 Nonresident
licensees: Service of process; promise to appear.
NRS 683C.120 Disciplinary
action by Commissioner.
NRS 683C.130 Notice
and effect of suspension, limitation or revocation of license.
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NRS 683C.010 “Insurance consultant” defined. As
used in this chapter, unless the context otherwise requires, “insurance
consultant” means a person who, for a fee, holds himself or herself out to the
public as engaged in the business of offering advice, counsel, opinion or
service with respect to the benefits, advantages or disadvantages promised
pursuant to any policy of insurance that could be issued in this State.
(Added to NRS by 1995, 1610)
NRS 683C.018 Applicability of other provisions of NRS. The provisions of chapters 679A and 679B of NRS and NRS 683A.301, 683A.341 and 683A.351 apply to an insurance
consultant.
(Added to NRS by 2003, 3297)
NRS 683C.020 License required; exceptions; penalty.
1. Except as otherwise provided in
subsection 2, no person may engage in the business of an insurance consultant
unless a license has been issued to the person by the Commissioner.
2. An insurance consultant’s license is
not required for:
(a) An attorney licensed to practice law in this
State who is acting in his or her professional capacity;
(b) A licensed insurance agent, broker or surplus
lines broker;
(c) A trust officer of a bank who is acting in
the normal course of his or her employment; or
(d) An actuary or a certified public accountant
who provides information, recommendations, advice or services in his or her
professional capacity.
3. A person required to be licensed in
this State who acts as an insurance consultant without a license is subject to
an administrative fine of not more than $1,000 for each act or violation.
(Added to NRS by 1995, 1610; A 2003, 3297)
NRS 683C.030 Application for license; requirements; duration of license.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. An application for a license to act as
an insurance consultant must be submitted to the Commissioner on forms
prescribed by the Commissioner and must be accompanied by the applicable
license fee set forth in NRS 680B.010,
an additional fee established by the Commissioner of not more than $15 which
must be deposited in the Insurance Recovery Account created pursuant to NRS 679B.305 and, in addition to any
other fee or charge, all applicable fees required pursuant to NRS 680C.110. The license fee set forth
in NRS 680B.010 and the additional
fee established by the Commissioner of not more than $15 are not refundable. If
the applicant is a natural person, the application must include the social
security number of the applicant.
2. An applicant for an insurance
consultant’s license must successfully complete an examination and a course of
instruction which the Commissioner shall establish by regulation.
3. Each license issued pursuant to this
chapter is valid for 3 years from the date of issuance or until it is
suspended, revoked or otherwise terminated, and each insurance consultant must
pay, in addition to any other fee or charge, all applicable fees required
pursuant to NRS 680C.110.
(Added to NRS by 1995, 1610; A 1997, 2189; 2003, 3297; 2005, 2125; 2009, 1777)
NRS 683C.030 Application for license;
requirements; duration of license. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
1. An application for a license to act as
an insurance consultant must be made to the Commissioner on forms prescribed by
the Commissioner and must be accompanied by the applicable license fee set
forth in NRS 680B.010, an additional
fee established by the Commissioner of not more than $15 which must be
deposited in the Insurance Recovery Account created pursuant to NRS 679B.305 and, in addition to any
other fee or charge, all applicable fees required pursuant to NRS 680C.110. The license fee set forth
in NRS 680B.010 and the additional
fee established by the Commissioner of not more than $15 are not refundable.
2. An applicant for an insurance
consultant’s license must successfully complete an examination and a course of
instruction which the Commissioner shall establish by regulation.
3. Each license issued pursuant to this
chapter is valid for 3 years from the date of issuance or until it is
suspended, revoked or otherwise terminated, and each insurance consultant must
pay, in addition to any other fee or charge, all applicable fees required
pursuant to NRS 680C.110.
(Added to NRS by 1995, 1610; A 1997, 2189; 2003, 3297; 2005, 2125, 2126; 2009, 1777,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 683C.035 Form and prerequisites for approval of application for license;
licensing of business organization; verification of information; duration of
license.
1. The Commissioner shall prescribe the
form of application by a natural person for a license as an insurance
consultant. The applicant must declare, under penalty of refusal to issue, or
suspension or revocation of, the license, that the statements made in the
application are true, correct and complete to the best of his or her knowledge
and belief. Before approving the application, the Commissioner must find that
the applicant has:
(a) Attained the age of 18 years.
(b) Not committed any act that is a ground for
refusal to issue, or suspension or revocation of, a license pursuant to NRS 683A.451.
(c) Paid all applicable fees prescribed for the
license and a fee established by the Commissioner of not more than $15 for
deposit in the Insurance Recovery Account, none of which may be refunded.
(d) Passed each examination required for the
license and successfully completed each course of instruction which the
Commissioner requires by regulation, unless the applicant is a resident of
another state and holds a similar license in that state.
2. A business organization must be
licensed as an insurance consultant in order to act as such. Application must
be made on a form prescribed by the Commissioner. Before approving the
application, the Commissioner must find that the applicant has:
(a) Paid all applicable fees prescribed for the
license and a fee established by the Commissioner of not more than $15 for
deposit in the Insurance Recovery Account, none of which may be refunded; and
(b) Designated a natural person who is licensed
as an insurance consultant in this State and who is affiliated with the
business organization to be responsible for the organization’s compliance with
the laws and regulations of this State relating to insurance.
3. The Commissioner may require any
document reasonably necessary to verify information contained in an
application.
4. A license issued pursuant to this
chapter is valid for 3 years after the date of issuance or until it is
suspended, revoked or otherwise terminated.
5. An insurance consultant may qualify for
a license pursuant to this chapter in one or more of the lines of authority set
forth in paragraphs (a) to (d), inclusive, of subsection 1 of NRS 683A.261.
(Added to NRS by 1995, 1611; A 2001, 2211; 2003, 3298; 2005, 2126; 2009, 1777)
NRS 683C.040 Renewal of license: Application; fee; requirements. [Effective
until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each
state to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. A license may be renewed for additional
3-year periods by submitting to the Commissioner an application for renewal
and:
(a) If the application is made:
(1) On or before the expiration date of
the license, all applicable renewal fees and an additional fee established by
the Commissioner of not more than $15 for deposit in the Insurance Recovery Account;
or
(2) Not more than 30 days after the
expiration date of the license, all applicable renewal fees plus any late fee
required and an additional fee established by the Commissioner of not more than
$15 for deposit in the Insurance Recovery Account;
(b) If the applicant is a natural person, the
statement required pursuant to NRS 683C.043; and
(c) If the applicant is a resident, proof of the
successful completion of appropriate courses of study required for renewal, as
established by the Commissioner by regulation.
2. The fees specified in this section are
not refundable.
(Added to NRS by 1995, 1610; A 1997, 2190; 2001, 2210; 2003, 3298; 2005, 2126; 2009, 1778)
NRS 683C.040 Renewal of license:
Application; fee; requirements. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
1. A license may be renewed for additional
3-year periods by submitting to the Commissioner an application for renewal
and:
(a) If the application is made:
(1) On or before the expiration date of
the license, all applicable renewal fees and an additional fee established by
the Commissioner of not more than $15 for deposit in the Insurance Recovery
Account; or
(2) Not more than 30 days after the
expiration date of the license, all applicable renewal fees plus any late fee
required and an additional fee established by the Commissioner of not more than
$15 for deposit in the Insurance Recovery Account; and
(b) If the applicant is a resident, proof of the
successful completion of appropriate courses of study required for renewal, as
established by the Commissioner by regulation.
2. The fees specified in this section are
not refundable.
(Added to NRS by 1995, 1610; A 1997, 2190; 2001, 2210; 2003, 3298; 2005, 2126, 2127; 2009, 1778,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 683C.043 Payment of child support: Statement by applicant for license;
grounds for denial of license; duty of Commissioner. [Effective until the date
of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. A natural person who applies for the
issuance or renewal of a license to act as an insurance consultant shall submit
to the Commissioner the statement prescribed by the Division of Welfare and
Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Commissioner shall include the
statement required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the
Commissioner.
3. A license to act as an insurance
consultant may not be issued or renewed by the Commissioner if the applicant is
a natural person who:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the
Commissioner shall advise the applicant to contact the district attorney or
other public agency enforcing the order to determine the actions that the
applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2188)
NRS 683C.047 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. If the Commissioner receives a copy of
a court order issued pursuant to NRS
425.540 that provides for the suspension of all professional, occupational
and recreational licenses, certificates and permits issued to a person who is
the holder of a license to act as an insurance consultant, the Commissioner
shall deem the license issued to that person to be suspended at the end of the
30th day after the date on which the court order was issued unless the
Commissioner receives a letter issued to the holder of the license by the
district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the
license has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
2. The Commissioner shall reinstate a
license to act as an insurance consultant that has been suspended by a district
court pursuant to NRS 425.540 if the
Commissioner receives a letter issued by the district attorney or other public
agency pursuant to NRS 425.550 to the
person whose license was suspended stating that the person whose license was
suspended has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2189)
NRS 683C.050 Requirements for partnership or corporation licensed as
insurance consultant. A
partnership or corporation licensed as an insurance consultant must require a
license of each natural person who is authorized to act for the corporation or
partnership. Each natural person must be named in the partnership’s or
corporation’s license and qualify as an individual licensee.
(Added to NRS by 1995, 1611)
NRS 683C.060 Written agreement with client required before rendering
services. In advance of rendering
any service, a written agreement on a form approved by the Commissioner must be
prepared by the insurance consultant and must be signed by both the consultant
and the client. The agreement must outline the professional services to be
provided by the consultant and state the fee for those services. The consultant
shall retain a copy of the agreement for not less than 3 years after completion
of the services. A copy of the agreement must be made available to the
Commissioner upon request.
(Added to NRS by 1995, 1611)
NRS 683C.070 Licensee prohibited from holding other licenses concurrently. A person licensed pursuant to this chapter may
not concurrently hold a license as a producer of insurance or a surplus lines
broker’s license in any line.
(Added to NRS by 1995, 1611; A 2003, 3299)
NRS 683C.080 Association with and compensation from certain persons who sell
insurance prohibited. A licensed
insurance consultant shall not employ, be employed by or be in partnership
with, or receive any remuneration arising out of his or her activities as an
insurance consultant from, any licensed producer of insurance or surplus lines
broker or insurer.
(Added to NRS by 1995, 1611; A 2003, 3299)
NRS 683C.100 Obligations. An
insurance consultant is obligated under his or her license to:
1. Serve with objectivity and complete
loyalty the interests of his or her client; and
2. Render to his or her client
information, counsel and service which, to the best of the consultant’s
knowledge, understanding and opinion, best serves the client’s insurance needs
and interests.
(Added to NRS by 1995, 1611)
NRS 683C.105 Submission of location of business or change in location of
business or residence; penalty. A
licensee shall inform the Commissioner of all locations from which business is
conducted and of any change of business or residence address, in writing or by
any other means acceptable to the Commissioner, within 30 days after the
change. If a licensee changes his or her address without giving written notice
and the Commissioner is unable to locate the licensee after making a diligent
effort, the Commissioner may revoke the license without a hearing. The mailing
of a letter by certified mail, return receipt requested, addressed to the
licensee at the last mailing address appearing on the records of the Division,
and the return of the letter undelivered, constitutes a diligent effort by the
Commissioner.
(Added to NRS by 2003, 3297)
NRS 683C.110 Nonresident licensees: Service of process; promise to appear.
1. A nonresident who is licensed by this
state as an insurance consultant shall appoint the Commissioner, in writing, as
his or her attorney upon whom may be served all legal process issued in
connection with any action or proceeding brought or pending in this state
against or involving the nonresident licensee and relating to transactions
under his or her Nevada license. The appointment is irrevocable and remains in
force so long as such an action or proceeding exists or may arise. Duplicate
copies of process must be served upon the Commissioner, or other person in
apparent charge of the Division during the Commissioner’s absence, accompanied
by payment of the fee for service of process. Promptly after any such service,
the Commissioner shall forward a copy of the process by certified mail, return
receipt requested, to the nonresident licensee at his or her business address
of most recent record with the Division. Process so served and the copy so
forwarded constitutes personal service upon the licensee for all purposes.
2. Each such nonresident licensee shall
also file with the Commissioner a written promise to appear before the
Commissioner pursuant to notice of hearing, order to show cause, or subpoena
issued by the Commissioner and sent by certified mail to the licensee at his or
her business address of most recent record with the Division, and that if the
nonresident licensee fails to appear, the nonresident licensee thereby consents
to any subsequent suspension, revocation or refusal to renew his or her
license.
(Added to NRS by 2001, 2210)
NRS 683C.120 Disciplinary action by Commissioner.
1. The Commissioner may place an insurance
consultant on probation, suspend his or her license for not more than 12
months, or revoke or refuse to renew his or her license, or may impose an
administrative fine or take any combination of the foregoing actions, for one
or more of the causes set forth in NRS
683A.451.
2. The provisions of NRS 683A.461 also apply to an insurance
consultant.
(Added to NRS by 2001, 2210)
NRS 683C.130 Notice and effect of suspension, limitation or revocation of
license.
1. Upon suspension, limitation or
revocation of the license of an insurance consultant, the Commissioner shall
immediately notify the licensee in person or by mail addressed to the licensee
at his or her most recent address of record with the Division. Notice by mail
is effective when mailed.
2. The Commissioner shall not again issue
a license under this chapter to any natural person whose license has been
revoked until at least 1 year after the revocation has become final, and
thereafter not until the person again qualifies for it under this chapter. A
person whose license has been revoked twice is not eligible for any license
under this title.
3. If the license of a business
organization is suspended, limited or revoked, no member, officer or director
of the organization may be licensed, or designated in a license to exercise its
powers, during the period of suspension or revocation, unless the Commissioner
determines upon substantial evidence that the member, officer or director was
not personally at fault and did not knowingly aid, abet, assist or acquiesce in
the matter for which the license was suspended or revoked.
(Added to NRS by 2001, 2210)