31A-23a-113.  License lapse and voluntary surrender.

(1) 

Terms Used In Utah Code 31A-23a-113

  • Application: means a document:
(a) 
(i) completed by an applicant to provide information about the risk to be insured; and
(ii) that contains information that is used by the insurer to evaluate risk and decide whether to:
(A) insure the risk under:
(I) the coverage as originally offered; or
(II) a modification of the coverage as originally offered; or
(B) decline to insure the risk; or
(b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
  • Disability: means a physiological or psychological condition that partially or totally limits an individual's ability to:
    (a) perform the duties of:
    (i) that individual's occupation; or
    (ii) an occupation for which the individual is reasonably suited by education, training, or experience; or
    (b) perform two or more of the following basic activities of daily living:
    (i) eating;
    (ii) toileting;
    (iii) transferring;
    (iv) bathing; or
    (v) dressing. See Utah Code 31A-1-301
  • Home state: means :
    (a) a state or territory of the United States or the District of Columbia in which an insurance producer, limited lines producer, consultant, managing general agent, or reinsurance intermediary licensee:
    (i) maintains the licensee's principal:
    (A) place of residence; or
    (B) place of business; and
    (ii) is licensed to act as a resident licensee; or
    (b) if the resident state, territory, or the District of Columbia described in Subsection (3)(a) does not license for the line of authority sought, a state, territory, or the District of Columbia:
    (i) in which the licensee is licensed;
    (ii) in which the licensee is in good standing; and
    (iii) that the licensee has designated as the licensee's designated home state. See Utah Code 31A-23a-102
  • License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
  • Person: includes :
    (a) an individual;
    (b) a partnership;
    (c) a corporation;
    (d) an incorporated or unincorporated association;
    (e) a joint stock company;
    (f) a trust;
    (g) a limited liability company;
    (h) a reciprocal;
    (i) a syndicate; or
    (j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • (a)  A license issued under this chapter, including a line of authority, shall lapse if the licensee fails to:

    (i)  pay when due a fee under Section 31A-3-103;

    (ii)  complete continuing education requirements under Section 31A-23a-202 before submitting the license renewal application;

    (iii)  submit a completed renewal application as required by Section 31A-23a-104;

    (iv)  submit additional documentation required to complete the licensing process as related to a specific license type or line of authority; or

    (v)  maintain an active license in a licensee’s home state if the licensee is a nonresident licensee.

    (b)  A license that lapses shall expire effective at midnight on the day on which the license expires.

    (c) 

    (i)  A licensee whose license lapses may request reinstatement of the license and line of authority no more than one year after the day on which the license lapses.

    (ii)  A licensee whose license lapses due to the following may request an action described in Subsection (1)(c)(iii):

    (A)  military service;

    (B)  voluntary service for a period of time designated by the person for whom the licensee provides voluntary service; or

    (C)  some other extenuating circumstances, including long-term medical disability.

    (iii)  A licensee described in Subsection (1)(c)(ii) may request:

    (A)  reinstatement of the license and line of authority no later than one year after the day on which the license lapses; and

    (B)  waiver of any of the following imposed for failure to comply with renewal procedures:

    (I)  an examination requirement;

    (II)  reinstatement fees set under Section 31A-3-103;

    (III)  continuing education requirements; or

    (IV)  other sanction imposed for failure to comply with renewal procedures.
  • (2)  If a license or line of authority issued under this chapter is voluntarily surrendered, the license or line of authority may be reinstated:

    (a)  during the license period in which the license or line of authority is voluntarily surrendered; and

    (b)  no later than one year after the day on which the license or line of authority is voluntarily surrendered.

    Amended by Chapter 252, 2021 General Session