Chapter Ins 26

Ins 26.05(1)(f) (f) Evidence of prior approval or exemption by the Wisconsin educational approval board, if required by s. 440.52, Stats.; and

Ins 26.05(1)(g) (g) Other information as specified by the commissioner.

Ins 26.05(2) (2) Application approval and expiration of approval. Upon receipt of an application for approval of a credit program, the commissioner shall determine if the application meets the requirements and if the program provides for instruction of appendices 1 to 4 in a manner required by this rule. The commissioner shall issue his or her decision on approval of an application no later than 60 days following the receipt of the completed application and all information required.

Ins 26.05(2g) (2g) Provider approval fees. The initial application fee to be paid by each licensed provider will be set through a competitive bid process not to exceed limits identified in s. 601.31 (1) (x) 1., Stats. The biennial regulation fee paid by each licensed provider will be set through a competitive bid process not to exceed limits identified in s. 601.31 (1) (x) 2., Stats. Wisconsin governmental bodies, such as universities and technical colleges, shall be exempt from these fees.

Ins 26.05(2r) (2r) Course approval fees.

Ins 26.05(2r)(a) (a) The fee to be paid for each course submission by each provider shall be set through a competitive bid process not to exceed statutory limits identified in s. 601.31 (1) (x) 3., Stats.

Ins 26.05(2r)(b) (b) The fee to be paid for each course renewal by each provider shall not exceed 4 times the credit hour fee per course.

Ins 26.05(3) (3) Evidence of attendance. The commissioner shall accept an official transcript or student grade report as evidence of satisfactory completion of credit courses. Certificates of prelicensing education shall be provided to each student in a hard copy or electronically.

Ins 26.05(4) (4) Attendance requirements. Students shall satisfy attendance requirements by successfully completing credit courses in accordance with the attendance requirements of the school. The commissioner shall not accept attendance at credit courses on an audit basis to satisfy the requirements of this chapter.

Ins 26.05 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92.; cr. (5), Register, January, 1999, No. 517, eff. 2-1-99; correction in (1) (f) made under s. 13.93 (2m) (b) 7., Stats., Register September 2001 No. 549, eff. 10-1-01; CR 05-111: am. (5) Register October 2006 No. 610, eff. 11-1-06; correction in (1) (f) made under s. 13.93 (2m) (b) 7., Stats., Register October 2006 No. 610; CR 09-022: am. (1) (f), (2) and (3), cr. (2g) and (2r) Register August 2009 No. 644, eff. 9-1-09; correction in (1) (f) made under s. 13.92 (4) (b) 7., (2g) renumbered from (2g) (a) under s. 13.92 (4) (b) 1., Stats., Register November 2018 No. 755; CR 19-025: am. (1) (intro.), (3), r. (5) Register August 2020 No. 776, eff. 9-1-20.

Ins 26.06 Ins 26.06 Requirements for approval of certification of attendance at noncredit programs.

Ins 26.06(1) (1) Approval of noncredit educational programs. An entity seeking initial approval or reapproval from the commissioner of an insurance noncredit program shall submit an application in a manner prescribed by the commissioner. The commissioner may require the following information and materials:

Ins 26.06(1)(a) (a) Evidence of prior approval or exemption by the Wisconsin educational approval board, if required by s. 440.52, Stats.;

Ins 26.06(1)(b) (b) A description of the qualifications of each instructor and the subject matter the instructor will be teaching. Instructors of noncredit programs shall be approved by the commissioner. Instructors shall meet the criteria set forth in sub. (2) (b);

Ins 26.06(1)(c) (c) Listing of the noncredit program’s organizational structure, registration policies, fee schedules and promotional material, for the school;

Ins 26.06(1)(d) (d) Detailed outlines of the subject matter to be covered by the program with specific allocations of classroom, correspondence, self-study, or on-line hours to each topic meeting the minimum standards as set forth in appendices 1 through 4. This should include a description of textbooks, workbooks and other instructional materials. The operator of a noncredit program shall provide section A and section B. Each must be provided as a separate and discrete segment. Each section can be broken up into subsections as long as no other insurance-related instruction is provided by the noncredit program between the subsections;

Ins 26.06(1)(e) (e) A description of the student record systems including a description of the methods for documenting attendance;

Ins 26.06(1)(f) (f) The method used by the noncredit program for evaluating instructors and a summary of previous evaluations conducted;

Ins 26.06(1)(g) (g) The time, date, and location of each noncredit classroom program. The commissioner may allow a noncredit program to apply for initial approval without specific information concerning dates, times, locations, and instructors, but the noncredit program shall provide this information in a format prescribed by the commissioner no later than 30 days prior to the start of the course;

Ins 26.06(1)(h) (h) An original signature of the person authorized to sign certifications; and

Ins 26.06(1)(i) (i) Other information as specified by the commissioner.

Ins 26.06(2) (2) Criteria for approval. In order to be approved, noncredit programs shall:

Ins 26.06(2)(a) (a) Not discriminate against anyone on the basis of sex, race, religion, age, physical disability, sexual orientation, or national origin in their educational programs;

Ins 26.06(2)(b) (b) Document that instructors are experienced and qualified in insurance and satisfy at least one of the following criteria:

Ins 26.06(2)(b)1. 1. An instructor who is or has been engaged in the practice of teaching insurance courses at an accredited institution of higher education for at least the last 3 years;

Ins 26.06(2)(b)2. 2. A properly licensed insurance intermediary for at least the past 5 years and demonstrates to the commissioner that he or she is of good character and has the knowledge and breadth of experience to instruct the scope of the subject area for which he or she will be responsible;

Ins 26.06(2)(b)3. 3. A member of the state bar in at least one state or the District of Columbia who is engaged in the field of insurance-related law; or,

Ins 26.06(2)(b)4. 4. A Life instructor who holds any of the following professional designations or successor designations: Certified Employee Benefit Specialist (CEBS); Chartered Financial Consultant (ChFC); Certified Insurance Counselor (CIC); Certified Financial Planner (CFP); Chartered Life Underwriter (CLU); Fellow of the Life Management Institute (FLMI); or Life Underwriter Training Council Fellow (LUTCF);

Ins 26.06(2)(b)5. 5. An Accident & Health instructor who holds any of the following professional designations or successor designations: Registered Health Underwriter (RHU); Certified Employee Benefit Specialist (CEBS); Registered Employee Benefits Counselor(REBC); or Health Insurance Associate (HIA);

Ins 26.06(2)(b)6. 6. A Property, Casualty, or Personal Lines P&C instructor who holds any of the following professional designations or successor designations: Accredited Advisor in Insurance (AAI); Associate in Risk Management (ARM); Certified Insurance Counselor (CIC); or Chartered Property and Casualty Underwriter (CPCU); or

Ins 26.06(2)(b)7. 7. A person who, in the judgment of the commissioner, is qualified to teach a session by reason of exemplary experience or education in the lines of insurance being taught.

Ins 26.06(2)(c) (c) Show that information provided to comply with sub. (1) is likely to support a comprehensive and accurate treatment of the subjects required in each section.

Ins 26.06(2g) (2g) Provider approval fees. The initial application fee to be paid by each licensed provider will be set through a competitive bid process not to exceed limits identified in s. 601.31 (1) (x) 1., Stats. The biennial regulation fee paid by each licensed provider will be set through a competitive bid process not to exceed limits identified in s. 601.31 (1) (x) 2., Stats. Wisconsin governmental bodies, such as universities and technical colleges, shall be exempt from these fees.

Ins 26.06(2r) (2r) Course approval fees.

Ins 26.06(2r)(a) (a) The fee to be paid for each course submission by each provider shall be set through a competitive bid process not to exceed statutory limits identified in s. 601.31 (1) (x) 3., Stats.

Ins 26.06(2r)(b) (b) The fee to be paid for each course renewal by each provider shall not exceed 4 times the credit hour fee per course.

Ins 26.06(3) (3) Application approval and expiration of approval. Upon receipt of an application for approval of a noncredit program, the commissioner shall determine if the application meets the requirements and if the program provides for instruction of appendices 1 to 4 in a manner required by this rule. The commissioner shall issue his or her decision on approval of an application no later than 60 days following the receipt of the completed application and all information required. Noncredit program approval shall expire on August 30, every 2 years starting on the August 30 after approval.

Ins 26.06(4) (4) Notification. Noncredit programs shall promptly notify the commissioner of any information filed with the commissioner which has changed.

Ins 26.06 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92; correction in (1) (e) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1997, No. 498; am. (2) (b) 3., r. (2) (b) 4., Register, January, 1999, No. 517, eff. 2-1-99; correction in (1) (a) made under s. 13.93 (2m) (b) 7., Stats., Register September 2001 No. 549, eff. 10-1-01; CR 01-074: am. (3), Register January 2002 No. 553, eff. 2-1-02; correction in (1) (a) made under s. 13.93 (2m) (b) 7., Stats., Register October 2006 No. 610; CR 09-022: am. (1) (intro.), (a), (d) and (g), cr. (2) (b) 4. to 7., (2g) and (2r) Register August 2009 No. 644, eff. 9-1-09; correction in (1) (a) made under s. 13.92 (4) (b) 7., (2g) renumbered from (2g) (a) under s. 13.92 (4) (b) 1., Stats., Register November 2018 No. 755; CR 19-025: am. (1) (intro.), (3) Register August 2020 No. 776, eff. 9-1-20; correction in (3) made under s. 35.17, Stats., Register August 2020 No. 776.

Ins 26.07 Ins 26.07 Evidence of attendance for noncredit classroom, correspondence, self-study, or on-line programs.

Ins 26.07(1) (1) 

Ins 26.07(1)(a) (a) Noncredit classroom, correspondence, self-study, audio, video or on-line programs shall provide an original certificate of prelicensing education to each student upon satisfactory completion of a noncredit program. Additional individual certificates of prelicensing education shall be provided to a student upon request and at no additional charge.

Ins 26.07(1)(b) (b) Certificates of prelicensing education shall contain the minimum wording and format as prescribed by appendix 5.

Ins 26.07(1)(c) (c) Certificates of prelicensing education shall be signed by authorized persons whose signatures are on file with the commissioner.

Ins 26.07(1)(d) (d) The date indicated on certificates of prelicensing education shall be the date of the last class for section B in appendices 1 to 4 attended by the student.

Ins 26.07(1)(e) (e) Certificates of prelicensing education shall be provided to each student in hard copy or electronically.

Ins 26.07(1)(f) (f) The student needs to take section A of appendices 1 to 4 only once. If the student takes only section B of the requirements, the instructor shall verify that the student completed section A at any approved prelicensing school within one year before issuing a certificate.

Ins 26.07(1)(g) (g) Certificates shall only be given to a student after the instructor verifies the identity of the student using a picture identification card. If the instructor uses a form of identification other than Wisconsin driver’s license or Wisconsin ID card, the instructor shall note the form of identification used on the certificate of prelicensing education.

Ins 26.07(3) (3) The operator of a noncredit program shall maintain attendance records for 3 years.

Ins 26.07 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92; am. (2), Register, January, 1999, No. 517, eff. 2-1-99; CR 05-111: am. (1) (f) and (2) Register October 2006 No. 610, eff. 11-1-06; CR 09-022: am. (title), (1) (a), (e) and (2) Register August 2009 No. 644, eff. 9-1-09; CR 19-025: am. (1) (a), r. (2) Register August 2020 No. 776, eff. 9-1-20.

Ins 26.08 Ins 26.08 Attendance requirements for noncredit programs. Students shall attend all of the required hours and receive all the required contents before a certificate of prelicensing education may be granted for satisfying any of the requirements in s. Ins 26.04. Noncredit classroom programs may make arrangements for make-up classes covering the same material as the class missed to enable students to meet the educational requirements. All prelicensing requirements must be completed prior to taking the licensing examination.

Ins 26.08 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92; CR 09-022: am. Register August 2009 No. 644, eff. 9-1-09.

Ins 26.09 Ins 26.09 Correspondence courses.

Ins 26.09(1) (1) Correspondence, self-study, audio, video, and on-line courses may be approved if they meet the criteria under s. Ins 26.06 and the subsequent course requirements in appendices 1 to 4, and include successful completion of a certified proctored examination.

Ins 26.09(2) (2) The examination shall consist of a minimum of 25 questions for section A and 50 questions each for Section B of each line of authority identified in ch. Ins 26, appendices 1 to 4. A passing score of 70% or greater is required on each examination.

Ins 26.09(3) (3) An approved proctor is an impartial, disinterested third party or currently licensed agent with no family or financial relationship to the student. The proctor shall verify the applicant’s identity and complete an affidavit supplied by the approved provider testifying that the pplicant received no outside assistance. Membership in a professional association or organization does not constitute a financial relationship.

Ins 26.09 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92; correction made under s. 13.93 (2m) (b) 7., Stats., Register, June, 1997, No. 498; CR 09-022: r. and recr. Register August 2009 No. 644, eff. 9-1-09; CR 19-025: am. (1), (3) Register August 2020 No. 776, eff. 9-1-20.

Ins 26.10 Ins 26.10 Investigation and review.

Ins 26.10(1) (1) The commissioner or a duly appointed representative shall investigate and review all applications and may investigate or examine previously approved programs, courses, and instructors. The method and timing of the reviews shall be determined by the commissioner in each case and may consist of the following:

Ins 26.10(1)(a) (a) Consideration of information available from state, federal, or local agencies, private organizations or agencies, or interested persons.

Ins 26.10(1)(b) (b) Conferences with officials, representatives, and former students of the school involved.

Ins 26.10(1)(c) (c) A public hearing respecting the noncredit program, course, or instructor involved, with adequate written notice to the school, instructor, or both.

Ins 26.10(1)(d) (d) Investigation by visitation without notice to the noncredit program.

Ins 26.10(1)(e) (e) Information furnished by the applicant with its application for approval.

Ins 26.10(1)(f) (f) Any other information the commissioner or representative deems relative to the investigation.

Ins 26.10(2) (2) In addition to investigation or examination upon its own initiative, the commissioner may investigate or examine any noncredit program or instructor upon receipt of a complaint from any person.

Ins 26.10(3) (3) The commissioner may examine the program under ss. 601.43 and 601.44, Stats., and bill the costs to the program under s. 601.45, Stats.

Ins 26.10(4) (4) If, after investigation or examination, the commissioner denies or deems it proper to withdraw its approval of any program, course, or instructor, written notification shall be given with reasons for such action. The denial constitutes an order pursuant to s. 601.62 (3) (a), Stats., and the noncredit program or instructor may request a hearing before the commissioner under that section.

Ins 26.10 Note Note: A free copy of each form referenced in this chapter may be obtained from the Office of the Commissioner of Insurance, P. O. Box 7872, Madison, Wisconsin 53707-7872 or on the office of the commissioner of insurance website at http://oci.wi.gov/.

Ins 26.10 History History: Cr. Register, June, 1992, No. 438, eff. 7-1-92.