§ 31–1131.08. Nonresident licensing.

(a) A person may request a nonresident license if the person is licensed as a resident insurance producer in another state.

(a-1) A person requesting a nonresident insurance producer license shall make his or her request on a form, or through such means, prescribed by the Commissioner.

(a-2) Unless denied licensure under § 31-1131.12 or granted a resident insurance producer license by meeting the requirements of §§ 31-1131.05 and 31-1131.06, a nonresident person shall receive a nonresident insurance producer license if:

(1) The person is currently licensed as a resident and in good standing in his or her home state;

(2) The person has submitted the proper request for a nonresident insurance producer license and has paid the fees as prescribed by the Commissioner; and

(3) The person has submitted or transmitted to the Commissioner a completed NAIC Uniform Application or the application for licensure that the person submitted to his or her home state.

(b) The Commissioner may verify the insurance producer’s licensing status through the producer database maintained by the NAIC, its affiliates, or subsidiaries.

(d) Notwithstanding any other provision of this chapter, a person licensed as a surplus lines producer in his or her home state shall receive a nonresident surplus lines producer license under subsection (a) of this section. Except as provided in subsection (a) of this section, this section shall not amend or supersede any provision of §§ 31-2502.39 and 31-2502.40.

(e) Notwithstanding any other provision of this chapter, a person licensed as a limited line insurance producer in his or her home state shall receive a nonresident limited lines insurance producer license under subsection (a) of this section granting the same scope of authority as granted under the license issued by the producer’s home state. For the purposes of this subsection, the term “limited line insurance” means any authority granted by the home state which restricts the authority of the license to less than the total authority prescribed in the associated major lines under § 31-1131.07(a)(1) through (6).

(f) An applicant may qualify for a license under this chapter as a nonresident only if the applicant holds an equivalent license in the applicant’s home state. A license issued to a nonresident of the District shall grant the same rights and privileges as a resident licensee.

(g) Repealed.

(h) Any license and appointment issued to a nonresident pursuant to this section shall be terminated at any time that the nonresident’s equivalent authority in his or her home state is terminated, suspended, or revoked.

(Mar. 27, 2003, D.C. Law 14-264, § 8, 50 DCR 260; May 13, 2008, D.C. Law 17-155, § 2(i), 55 DCR 3683; Sept. 24, 2010, D.C. Law 18-223, § 2166(e), 57 DCR 6242; Nov. 5, 2013, D.C. Law 20-40, § 6(d), 60 DCR 12304.)

Section References

This section is referenced in § 31-1131.07, § 31-1131.16, and § 31-5051.02.

Effect of Amendments

D.C. Law 17-155 rewrote subsec. (a); added subsecs. (a-1), (a-2), and (f); repealed subsec. (c); and, in subsec. (e), substituted “limited lines insurance” for “limited line credit insurance or other type of limited lines” and substituted “nonresident limited lines insurance” for “nonresident limited lines”.

D.C. Law 18-223 added subsec. (g).

The 2013 amendment by D.C. Law 20-40 repealed (g) which read: “A nonresident title insurance producer shall have a registered agent in the District of Columbia at the time of application for a title insurance producer license and shall maintain a registered agent in the District of Columbia as a condition of licensing under this section”; and added (h).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2166(e) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).