Sec. 31.03.12.04. Application for Written Consent

A. In General. An individual who is required to obtain written consent to engage in the business of insurance shall comply with the requirements of this regulation.

B. Application Form.

(1) Except as provided in §B(2) of this regulation, an applicant for written consent shall submit the short application form to the Commissioner.

(2) An applicant for written consent shall submit the comprehensive application form to the Commissioner if:

(a) The applicant intends to act as an insurance producer; or

(b) Following review of the applicant's short application form, the Commissioner:

(i) Determines that the applicant may be a threat to the public; and

(ii) Requests the applicant to submit a comprehensive application form.

(3) An applicant shall attach two recent 2 inch by 2 inch photographs of the applicant to the upper right hand corner of the application form.

(4) The application form shall include a notarized signature of the applicant affirming that the information provided in the application form is truthful and complete.

C. Credit Report. An applicant shall submit to the Commissioner a credit report prepared within 30 days of the date of application and certified by a credit bureau.

D. Request for Criminal Records Check.

(1) An applicant shall apply for a records check for the existence of criminal convictions in the criminal history records information maintained by the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services and received from the Federal Bureau of Investigation by:

(a) Completing and submitting, in a manner approved by the Director of the Central Repository, an application containing identifying information, including the applicant's Social Security number, to verify identity and preserve the security of the record maintained by the Central Repository;

(b) Submitting two complete sets of legible fingerprints taken on forms approved by the Director and the Federal Bureau of Investigation; and

(c) Paying the applicable processing fees.

(2) The applicant shall submit a copy of the application for a criminal records check to the Commissioner.

E. Character References.

(1) An application shall be accompanied by at least three letters of reference addressed to the Commissioner, attesting to the character and reputation of the applicant.

(2) An individual who provides a letter of reference may not be related to the applicant by blood or marriage.

(3) A letter of reference shall:

(a) Indicate the length of time and the capacity in which the individual writing the letter has known the applicant;

(b) Describe the applicant's character traits as they relate to the employment, position, or duties for which written consent is sought; and

(c) State that the individual writing the letter is aware that the letter of reference is being provided in connection with a request for written consent to engage in the business of insurance despite the existence of a felony conviction.

F. Additional Information. An applicant may submit any additional documents or information that the applicant would like the Commissioner to consider.