(1) All applicants
for an insurance producer license, unless otherwise exempted by law, are
required to pass a written examination in order to test the applicant's
knowledge as to the line of insurance for which a license is applied, the
duties and responsibilities of an insurance producer, and the insurance laws
and rules of this state. There shall be a separate examination for each line of
insurance in which an insurance producer may be licensed. Applicants wishing to
be licensed as an insurance producer in more than one line of insurance shall
take each applicable examination.
(2) Each examination for a license shall be
approved for use by the commissioner. Examinations for licensing shall be at
such reasonable times and places accessible to the applicants as are designated
by the commissioner.
(3) An
individual taking an examination pursuant to this Rule shall pay a
non-refundable fee in order to take such examination. An individual who takes
an examination more than once shall pay the examination fee for each subsequent
taking of the examination, regardless of the reason for the subsequent
examinations.
(4) The minimum score
that will be considered as a passing score for any examination given hereunder
is seventy percent (70%). Any score on an exam below seventy percent (70%)
shall be considered a failing score.
(a) An
individual who has failed to pass an examination for a license applied for may
take another examination following the expiration of thirty (30) days from the
date of the applicant's last unsuccessful examination upon submission of the
examination fee.
(b) An individual
who has not successfully passed the examination within six (6) months of the
first attempt shall be required to re-take pre-licensing education courses as
set forth in Rule
0780-01-56-.06.
(5) The commissioner may enter
into a contract with a testing organization for the examination of applicants
for license as an insurance producer. Notwithstanding any other provisions of
this chapter, such contract may provide that the testing organization shall:
(a) Assume responsibility for administration
and grading of the examination; and
(b) Charge and collect reasonable
non-refundable examination fees, subject to the approval of the
commissioner.
(6) No
individual taking an examination for an insurance producer license shall
possess or examine the examination questions and/or answers prior to the time
of examination, nor shall any such individual use improper notes or other
reference materials during the examination. Furthermore, no person shall have
such questions or answers reproduced and/or disseminated for the purposes of
assisting an insurance producer in passing an examination.
(7) To determine that the applicant has not
committed any act that would disqualify the applicant from receiving an
insurance producer license, all individuals desiring to take a test under this
Rule, shall submit to the commissioner:
(a)
Two (2) full sets of fingerprints;
(b) A certified check made payable to the
Tennessee Bureau of Investigation representing the cost of having criminal
history record checks performed; and
(c) A reasonable administrative fee
representing the cost of the collection and transmission of fingerprint data
made payable to the contractor; or
(d) Alternate methods of fingerprint
submission if approved by the commissioner.
Applicants that have had a criminal background check
performed by the Tennessee Bureau of Investigation within six (6) months prior
to taking an examination may have the results of that examination submitted
directly from the criminal background check provider to the Agent Licensing
section.
Applicants that are required to take an examination after the
lapse of a license will be required to submit fingerprint background checks
prior to taking a new examination.
Notes
Tenn. Comp. R.
& Regs.
0780-01-56-.07
Original rule filed
February 12, 1991; effective March 29, 1991. Amendment filed April 16, 2004;
effective June 30, 2004. Repeal and new rule filed October 18, 2007; effective
January 1, 2008. Repeal and new rule filed October 17, 2008; effective December
31, 2008. Amendment filed January 5, 2011; effective April 5,
2011.
Authority: T.C.A.ยงยง
56-1-107,
56-6-102,
56-6-105,
56-6-106,
56-6-112,
56-6-124,
56-32-114, 56-35122, and
56-35-201.
