Sec 20-336.04. Certified application counselors; licensing

A. An individual who applies for a certified application counselor license shall apply to the director on a form prescribed by the director and shall declare under penalty of license denial, suspension or revocation that the statements made in the application are true, correct and complete to the best of the knowledge and belief of the applicant or the applicant's duly authorized representative. The applicant shall provide information concerning the applicant's identity, personal history, business record and experience in insurance and any other pertinent fact the director requires.

B. Before the director approves an individual's certified application counselor application, the director shall find that the individual:

1. Is at least eighteen years of age.

2. Has not committed any act that is a ground for license denial, suspension or revocation as prescribed in section 20-295 and has not been convicted of a misdemeanor involving fraud or dishonesty.

3. Has met the standards and provided evidence of certification as prescribed by 45 Code of Federal Regulations section 155.225.

4. Has submitted a full set of fingerprints to the director and successfully completed a criminal history records check in a manner prescribed by the director.

5. Has identified the entity with which the individual is affiliated and supervised.

C. The department of insurance shall submit the fingerprints received pursuant to subsection B of this section to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange the fingerprint data it receives pursuant to this subsection with the federal bureau of investigation.

D. Unless the person is licensed for that line of authority pursuant to this title, a certified application counselor may not:

1. Sell, solicit or negotiate insurance in this state for any class or classes of insurance.

2. Recommend, endorse or offer opinions about the benefits, terms and features of a particular health benefit plan or offer an opinion about which health benefit plan is better or worse for a particular individual or employer.

3. Provide any information or services related to a health benefit plan or another product not offered in the exchange.

4. Engage in any unfair method of competition or any fraudulent, deceptive or dishonest act or practice.

E. The expiration date for a certified application counselor license issued to a person who also holds a license pursuant to this title is the same as the expiration date for the insurance producer license.

(Conditionally Rpld.)