Iowa Admin. Code r. 191-10.10 - Reinstatement or reissuance of a license after suspension, revocation or forfeiture in connection with disciplinary matters; and forfeiture in lieu of compliance
(1)
Terminology. The term "reinstatement" as used in this rule
means the reinstatement of a suspended license . The term "reissuance" as used
in this rule means the issuance of a new license following the revocation of a
license , the suspension and subsequent termination of a license , or the
forfeiture of a license in connection with a disciplinary matter, including but
not limited to proceedings pursuant to rule
191-10.21 (252J,272D).
Disciplinary matters include, but are not limited to, being the subject of an
investigation, complaint , or pending administrative action in this or any other
state. This rule does not apply to the reinstatement of an expired license or
the issuance of a new license that is not in connection with a disciplinary
matter.
(2)
Application
required. Any producer whose license has been revoked or suspended by
order or who forfeited a license in connection with a disciplinary matter must
apply to the commissioner for reinstatement or reissuance in accordance with
the terms of the order of revocation or suspension or the order accepting the
forfeiture and submit to a criminal history check as required pursuant to Iowa
Code section
522B.5A.
a. All proceedings for reinstatement or
reissuance must be initiated by the applicant, who shall file with the
commissioner an Iowa Insurance Producer Application for Reinstatement or
Reissuance After Disciplinary Action. An applicant is not eligible for
reinstatement or reissuance until the applicant has satisfied the other
prescribed requirements of rule
191-10.4 (522B), including the
timing requirements of subrule 10.4(4). An applicant may also have to submit a
new or renewal producer application through the NIPR Gateway and pay any
associated fee.
b. An application
for reinstatement or reissuance must allege facts which, if established, will
be sufficient to enable the commissioner to determine that the basis of
revocation, suspension, or forfeiture of the applicant's license no longer
exists and must disclose whether the producer has engaged in any conduct that
is listed as a cause for licensing action under Iowa Code section
507B.4
or 522B.11(1) that was not included in the order for suspension, revocation, or
forfeiture.
c. An application for
reinstatement or reissuance must allege sufficient facts to enable the
commissioner to determine that it will be in the public interest for the
application to be granted. The commissioner may determine it is not in the
public interest if the producer has engaged in any conduct that is listed as a
cause for licensing action under Iowa Code section
507B.4
or
522B.11(1) that was not included in the order for
suspension, revocation, or forfeiture.
d. The burden of proof to establish such
facts shall be on the applicant.
e.
A producer may request reinstatement of a suspended license prior to the end of
the suspension term; however, reinstatement will not be effected until the
suspension period has ended.
f.
Unless otherwise provided by law, if the order of revocation, suspension, or
acceptance of forfeiture did not establish terms upon which reinstatement or
reissuance may occur, or if the license was forfeited, an initial application
for reinstatement or reissuance may not be made until at least one year has
elapsed from the date of the order of the suspension (notwithstanding paragraph
10.10(2)"e"), revocation, or acceptance of the forfeiture of a
license .
g. The period of
suspension shall continue, regardless of any specified suspension end date,
until such time as the producer 's license is reinstated by
order.
(3)
Proceedings. All proceedings upon the application for
reinstatement or reissuance, including matters preliminary and ancillary
thereto, shall be held in accordance with Iowa Code chapter 17A. Such
application shall be docketed in the original case in which the license was
suspended, revoked, or forfeited, if a case exists.
(4)
Order. An order of
reinstatement or reissuance must be a written decision that incorporates
findings of fact and conclusions of law. An order granting an application for
reinstatement or reissuance may impose such terms and conditions as the
commissioner or the commissioner's designee deems appropriate, which may
include one or more of the types of disciplinary sanctions provided by Iowa
Code section
522B.11.
The producer 's license will be reinstated or reissued on the date of the order,
unless the order specifies a different date. The order is a public record and
may be disseminated in accordance with Iowa Code chapter 22.
(5)
Voluntary forfeiture. A
submission of voluntary forfeiture of a license must be made in writing as
prescribed by the commissioner. Forfeiture of a license is effective upon the
submission unless a contested case proceeding is pending at the time of the
submission. If a contested case proceeding is pending, the forfeiture becomes
effective when and upon such conditions as required by order of the
commissioner. A forfeiture made during the pendency of a contested case
proceeding is considered a disciplinary action and must be published in the
same manner as is applicable to any other form of disciplinary order.
(6)
Reinstatement in relation to
expiration date. If a producer 's ordered suspension period ends prior
to the producer 's license expiration date and the producer applies for
reinstatement prior to the license expiration date, the commissioner must
reinstate the license as soon as practicable but no earlier than the end of the
suspension period if the division determines the license should be reinstated
after a complete review.
(7)
Suspension beyond expiration date. When a producer 's license
is suspended beyond the producer 's license expiration date, whether due to an
ordered suspension time period or failure to apply for reinstatement prior to
expiration as stated in subrule 10.10(6), the license terminates on the license
expiration date and the producer must apply for reissuance pursuant to subrule
10.10(2).
(8)
Application
denial or additional action. The commissioner is not prohibited from
denying an application for reinstatement or reissuance or bringing an
additional immediate action if the producer has engaged in any additional
violation of Iowa Code section
507B.4
or
522B.11(1) or otherwise failed to meet all of the
applicable requirements.
Notes
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