Or. Admin. Code § 836-071-0225 - Continuing Education; Standards for Granting Credit Hours
(1) Subject to the subject matter
requirements of OAR 836-071-0230, an insurance
producer may receive credit for continuing education for a course taken for
academic credit, for a course registered under OAR
836-071-0240 or a course
certified under OAR 836-071-0250:
(a) For not more than the credit hours
authorized by the director;
(b)
Only if an hour includes at least 50 minutes of instruction or study;
(c) For class hours in which an insurance
producer is an instructor of a course if the course meets the continuing
education requirements of an insurance producer attending it. Credit may be
taken by an insurance producer with respect to a course only once in each
renewal period in which the insurance producer instructs the course;
(d) For not more than eight credit hours in
any given day;
(e) Only if the hour
for which credit is taken was completed during the license period immediately
preceding the renewal date;
(f) For
a course taken through independent study, but only as provided in section (4)
of this rule.
(2) An
insurance producer may take credit for a course only if the insurance producer
has successfully completed the course before the insurance producer applies for
renewal or reinstatement. For the purpose of taking credit for a course other
than one taken through independent study, an insurance producer successfully
completes the course if the insurance producer is present for the full approved
time and has signed in and out on the attendance register for the
course.
(3) An insurance producer
may not take continuing education credit for:
(a) Hours devoted to preparation for a
course; when the insurance producer is acting as an instructor for the
course;
(b) Travel time;
(c) Time exceeding the actual class
time;
(d) Unplanned or incidental
learning experiences;
(e) Any
course not completed;
(f) Any
course repeated within a two year period; or
(g) Any course during which the insurance
producer is absent more than 5 minutes for each hour of credit granted, or is
absent more than 20 minutes from the course as a whole.
(4) For purposes of subsection (1)(f) of this
rule, a course is taken through independent study if the course is designed to
allow each student to take the course at the student's own pace on an
individual basis. An insurance producer may claim credit for an independent
study course if the provider and the course are both registered with the
director when the course is taken, if the insurance producer passes an
examination by a score of 70 percent or higher and if the proctor of the
examination affirms and the provider certifies completion and passage as
provided in this section. If the independent study course is a textbook, the
examination must be conducted as a closed book examination. The examination for
an independent study course need not be proctored if the course is computerized
and includes safeguards ensuring that the insurance producer cannot review the
study material while taking the examination and if the examination has
safeguards ensuring that the insurance producer cannot change answers after
completing the examination. Proctor affirmation and provider certification
shall be made as follows:
(a) The proctor must
submit materials electronically that affirm by affidavit that the insurance
producer took the examination for the course without assistance from the
textbook or from any person. The proctor must disclose in the affidavit the
proctor's name, address, telephone number and the proctor's position or
connection with the insurance producer, such as a continuing education school
or a librarian, and the proctor's registration number, if the proctor is
required to be registered under section (7) of this rule. The provider must
retain the affidavit with the examination. A proctor affidavit is not required
if the independent study course is taken from a provider that offers a
nationally recognized insurance industry designation.
(b) If the provider determines that the
insurance producer completed and passed the examination, the provider may issue
the certificate of completion. The provider shall date the certificate
according to the date on which the provider received the examination for
grading, state on the certificate that to the best of the provider's knowledge
the insurance producer passed the examination and submit the certificate
electronically to the division in accordance with directions provided on the
Division of Financial Regulation website of the Department of Consumer and
Business Services at dfr.oregon.gov.
(5) The provider of a course shall submit
electronically completion information for the course for each qualifying
insurance producer not later than the 15th day after the date on which an
insurance producer completes a course or not later than the 15th day after the
date on which the director approved the course, whichever date is later. The
period for issuance of a certificate does not apply to a provider who discloses
to the insurance producer in writing, when the insurance producer pays for or
registers for the class, the date by which or the time period within which the
certificate will be issued.
(6) A
provider shall notify the director immediately of any change in authorized
signers for certificates.
(7) A
person may act as a proctor for one or more independent study courses under
section (4) of this rule only if the person is registered as a proctor with the
Division of Financial Regulation. A person applying for registration must
submit the name, address and telephone number of the person; the location or
locations at which examinations will be proctored; the fee or fees that will be
charged, if any, for the proctoring service; and whether the person will
proctor examinations for the general insurance producer population. There is no
registration fee. If the person will proctor independent study course
examinations for other than the general insurance producer population, the
person must specify for whom the proctoring will be done. The registration
requirement under this section does not apply to city, county and state public
libraries, state colleges and universities, private colleges and universities
other than those that are owned by or operated primarily for the insurance
industry, law offices or currently licensed certified public
accountants.
Notes
Statutory/Other Authority: ORS 731.244 & ORS 744.119
Statutes/Other Implemented: ORS 744.119
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