N.J. Admin. Code § 11:17E-1.4

Current through Register Vol. 56, No. 24, December 18, 2024

Section 11:17E-1.4 - Applications, general provisions and maintenance of records

(a) Except as provided in (b) below, all prohibited persons who are, or seek to be, employed in the business of insurance in any capacity in this State shall complete and file an application for waiver using the Initial Application (Short Form), set forth as Exhibit A in the Appendix to this chapter and available on the Department website at http:www.state.nj.us/dobi/inslic.htm.

(b) The following prohibited persons when seeking a waiver shall complete and file the "Comprehensive Form," set forth as Exhibit B in the Appendix to this subchapter and available on the Department website at http:www.state.nj.us/dobi/inslic.htm.

1. Persons in possession of any license to engage in the business of insurance as a producer in this State;

2. Persons seeking to obtain or renew an insurance producer's license in this State; or

3. Persons who are engaged in the business of insurance, whose scope of employment includes any of the following duties or powers:

i. Corporate officer, director or manager;

ii. Direct involvement in the handling of customer funds; or

iii. Direct involvement in selling policies to the public.

(c) Upon review of the completed "Short Form" application for waiver, the Department may request the applicant to complete and file the "Comprehensive Form."

(d) No prohibited person shall be granted a license, or renewal of a license, as a producer unless such person has first been granted a waiver by the Commissioner or his or her designee pursuant to this chapter.

(e) The Department shall not accept any application for waiver if the Department finds that any of the following conditions exist:

1. The applicant is not a prohibited person within the meaning of N.J.A.C. 11:17E-1.2;

2. New Jersey is not the appropriate State to grant a waiver in accordance with N.J.A.C. 11:17E-1.3(d); or

3. The application is not complete or is not properly executed.

(f) If an application is not accepted in accordance with (e) above, it shall be returned to the applicant with an explanation of the reasons for non-acceptance.

(g) If the application is accepted, the Department shall act on the application after investigation, which shall include:

1. Obtaining a State and Federal criminal records check based on the applicant's name, address, date of birth, social security number and fingerprints;

2. Sending e-mail notification to all other states pertaining to the application for waiver;

3. Verifying the contents of the applications; and

4. Inquiry into any and all other matters deemed necessary.

(h) Upon completion of the investigation and receipt of any additional records and documentation deemed necessary by the Department, the application shall be reviewed in accordance with the standards set forth in the Rehabilitated Convicted Offenders Act, N.J.S.A. 2A:168A-1 et seq., as set forth in (i) below.

(i) In determining whether to approve an application for waiver, the following factors shall be considered:

1. The nature and duties of the work, occupation, trade, vocation, profession, business or license or certificate for which the person is applying;

2. The nature and seriousness of the offense;

3. The circumstances under which the offense occurred;

4. The date of the offense;

5. The age of the person at the time the offense was committed;

6. Whether the offense was an isolated or repeated incident;

7. Any social conditions that may have contributed to the offense;

8. Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of persons who have or have had the applicant under their supervision;

9. Evidence of a pardon or of the expungement of a criminal conviction, pursuant to N.J.S.A. 2A:164-28, or of a certificate of the Federal or State Parole Board, or of the Chief Probation Officer of a United States District Court or a county who has supervised the applicant's probation, that the applicant achieved a sufficient degree of rehabilitation to indicate that his or her proposed employment would not be incompatible with the welfare of society;

10. The full payment or continuing payment of restitution and such other fines and penalties as the court may have imposed; and

11. Such other factors as the Commissioner or his or her designee may deem appropriate.

(j) The Department shall maintain records of all applications, investigative reports and results in accordance with N.J.A.C. 11:17E-1.6.

N.J. Admin. Code § 11:17E-1.4

Amended by R.2002 d.354, effective 11/4/2002.
See: 34 N.J.R. 2286(a), 34 N.J.R. 2549(b), 34 N.J.R. 3839(a).
In (b), deleted "or limited insurance representative" following "as a producer" in 1; in (d), deleted "or as a limited insurance representative" following "as a producer".
Amended by R.2007 d.62, effective 2/20/2007.
See: 38 N.J.R. 4394(a), 39 N.J.R. 654(b).
In (a), substituted "Initial Application (Short Form)" for " 'Short Form' "; and in (a) and in the introductory paragraph of (b), inserted "and available on the Department website at http:www.state.nj.us/dobi/inslic.htm".