Ala. Admin. Code r. 482-1-146-.03 - Definitions

As used in this chapter, these words and terms have the following meaning, unless the context clearly indicates otherwise:

(a) BUSINESS OF INSURANCE. For purposes of 18 U.S.C. § 1033, the business of insurance is either the writing of insurance, or the reinsuring of risks, by a Section § 1033 insurer (as defined in 482-1-146-.03(i)), including all acts necessary or incidental to such writing or reinsuring and the activities of persons who act as, or are, officers, directors, agents, or employees of insurers or who are other persons authorized to act on behalf of such persons.

(b) COMMISSIONER. The Alabama Commissioner of Insurance.

(c)

1. CRIMINAL HISTORY. Misdemeanor and felony crimes and criminal offenses in any jurisdiction, including Federal and military crimes or criminal offenses, that resulted in an individual's arrest, detention, indictment, or the fact of a formal charge however named or characterized and irrespective of the ultimate disposition of the charge. Criminal history includes criminal offenses in which the fact of an arrest or conviction for an offense, the circumstances of the offense, or records relating to the offense, have been "expunged" unless it is demonstrated to the Department's satisfaction that the laws of the jurisdiction where committed specifically allow the individual to withhold disclosure or represent that the individual has not been arrested or convicted for the offense in the context of employment or license applications.

2. For purposes of this chapter, an individual's criminal history does not include any of the following:

(i) Traffic violation notices for parking or similar infractions.

(ii) Citations or misdemeanor charges for violations relating to violation of laws or ordinances pertaining to operation of motor vehicles or watercraft (including misdemeanor DUI or DWI, driving without a license or proof of insurance or with a suspended license, or reckless driving).

(iii) Crimes or offenses processed and disposed of as juvenile offenses by the jurisdiction within which the charges arose if the laws of that jurisdiction treat the fact of juvenile offenses as confidential and records associated with them as sealed or otherwise not subject to public disclosure.

(d) CRIMINAL HISTORY DISCLOSURE FORM. The form promulgated by the Department through which an individual discloses detailed information about his/her criminal history to the Department for purposes of this chapter. At the Department's election, the form may be paper or electronic.

(e) DEPARTMENT. The Alabama Department of Insurance.

(f) FELONY. A criminal offense that is either:

1. If committed in Alabama, an offense for which the sentence authorized by law includes the possibility of a term of imprisonment exceeding one year.

2. If committed outside of Alabama, an offense that the laws of the jurisdiction where the offense is committed categorize as a felony.

(g) LICENSE. Any form of license issued to an individual by the Commissioner under the authority of the Alabama Insurance Code together with the extension or renewal of that license.

(h) SECTION 1033 CONSENT. The written consent provided for by 18 U.S.C. § 1033(e)(2).

(i) SECTION 1033 INSURER. An entity engaged in the business of insurance whose activities affect interstate commerce as provided in 18 U.S.C. § 1033(f).

(j) SECTION 1033 OFFENSE. Criminal offenses under Section 1033 shall include those crimes:

1. Specifically enumerated in 18 U.S.C. §§ 1033(a), -(b), -(c), -(d), -(e)(1)(A), and -(e) (1) (B).

2. Any felony, as determined by the Department, that involves dishonesty or breach of trust.

Notes

Ala. Admin. Code r. 482-1-146-.03

New Rule: June 11, 2009; effective July 1, 2009. Filed with LRS June 12, 2009. Rule is not subject to the Alabama Administrative Procedure Act.

Author: Commissioner of Insurance

Statutory Authority: Code of Ala. 1975, § 27-2-17.