Ins 28.05Ins 28.05 Waiver of continuing education requirements. The requirements of this section may be waived in writing by the commissioner for good cause shown. ”Good cause” includes long-term illness or incapacity, serving full-time in the armed forces of the United States of America on active duty outside of the state of Wisconsin during a substantial part of the biennium, and other emergency situations deemed appropriate by the commissioner. Requests for waivers of continuing education requirements shall be made in a manner prescribed by the commissioner, and shall be submitted to the commissioner no later than 90 days prior to the end of the biennium for which such waiver is requested. Within 30 days of receipt, the commissioner shall act upon the waiver request and provide written notice of the decision to the applicant. Any waiver granted pursuant to this section shall be valid only for the biennium for which waiver application was made. Ins 28.06Ins 28.06 Requirements for approval of continuing education providers and courses. Ins 28.06(1)(1) Licensing of continuing education providers. An entity or individual seeking initial approval or reapproval from the commissioner as a continuing education provider shall submit an application in a manner prescribed by the commissioner. The commissioner may require the following information and materials: Ins 28.06(1)(b)(b) A description of the experience and education that the applicant believes qualifies the applicant to be a provider; Ins 28.06(1)(c)(c) A description of the provider’s organizational structure, registration policies, fee schedules, and promotional materials; Ins 28.06(1)(d)(d) A description of the provider’s student record systems including a description of the methods for documenting attendance; Ins 28.06(1)(e)(e) The method used by the provider for evaluating instructors; Ins 28.06(1)(f)(f) An original signature of the person or persons authorized to sign certifications; Ins 28.06(1)(g)(g) A certificate format that the applicant proposes to use to comply with Appendix 1; and Ins 28.06(2)(2) Criteria for approval. In order to be approved, continuing education providers shall: Ins 28.06(2)(a)(a) Comply with state or federal laws, including but not limited to laws regarding discrimination on the basis of sex, race, religion, age, physical disability, sexual orientation, or national origin in their educational programs; Ins 28.06(2)(b)(b) Certify that instructors will be experienced and qualified in insurance and satisfy at least one of the following criteria: Ins 28.06(2)(b)1.1. Is or has been engaged in the insurance industry or the practice of teaching insurance courses for the last three years; Ins 28.06(2)(b)2.2. Is a properly licensed insurance intermediary for 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 in the subject area for which he or she will be providing instruction; Ins 28.06(2)(b)4.4. Is a member of the state bar in a state or the District of Columbia and is engaged in the field of insurance-related law; or Ins 28.06(2)(b)5.5. Is a certified public accountant licensed in a state or the District of Columbia and engaged in insurance-related practice. Ins 28.06(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 28.06(3)(a)(a) 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 28.06(4)(4) Application approval and expiration of approval. Upon receipt of an application for approval of a provider and the appropriate fee, the commissioner shall determine if the application meets the requirements and if the program provides for instruction of courses in a manner required by this chapter. The commissioner shall issue a decision on approval of an application no later than 60 days following the receipt of the completed application and all required information. Provider approval shall expire on July 31, every 2 years starting on the July 31 after approval. Ins 28.06(5)(a)(a) Upon receipt of an application for approval of a course from an approved continuing education provider and the appropriate fee, the commissioner shall determine if the course meets the requirements set forth in sub. (6). The commissioner shall issue a decision approving or denying approval of a course no later than 30 days following the receipt of the completed application. Advertisement by the provider prior to approval must include language that the course as presented is pending approval by the state. Course approval shall expire 2 years from the date the course was approved by the commissioner. Ins 28.06(5)(b)(b) Credit will not be awarded to intermediaries for courses completed prior to the date approved by the commissioner. Ins 28.06(5)(c)(c) The following information shall be furnished with the request for approval of a continuing education course: Ins 28.06(5)(c)3.3. Name, telephone number, e-mail address, and signature of the contact person for the provider; Ins 28.06(5)(c)7.7. Whether the course is new, repeat, revised, or offered live or by interactive video teleconference; Ins 28.06(5)(c)9.9. An outline including a schedule of times when topics will be presented; the topics covered in the course, listed individually; and a summary of the instruction given and the material covered for each topic; Ins 28.06(5)(c)11.11. A description of the qualifications of each instructor and the subject matter the instructor will be teaching. Ins 28.06(5)(d)(d) Instructors of continuing education programs shall be approved by the commissioner. Instructors shall meet the criteria set forth in sub. (2) (b). Submitted instructors may be replaced by other approved instructors with equal qualifications on an emergency basis. Ins 28.06(5)(e)(e) The course shall be conducted in accordance with the course outline and summary materials approved by the commissioner. After the provider has been notified of any deficiency, failure to correct the deficiency shall automatically void the course approval for any course held after notice. Ins 28.06(5)(f)(f) A provider shall give the commissioner electronic notice in a format specified by the commissioner at least 10 days in advance of offering an approved course on a date or at a place other than, or in addition to, the date and location provided in the initial request for approval. Ins 28.06(6)(a)(a) The following course topics are examples of subjects that qualify for approval under sub. (5): Ins 28.06(6)(a)20.20. Ethical considerations in selling, soliciting, and negotiating life settlements Ins 28.06(6)(b)(b) The following course topics are examples of subjects that do not qualify for approval: Ins 28.06(7)(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 28.06(7)(b)(b) The fee to be paid for each course submission by each provider for recognized programs of study identified in s. Ins 26.06 (2) (b) 4., 5., and 6. shall be the same as provided in par. (a), not to exceed 8 times the credit hour fee per course. Ins 28.06(7)(c)(c) The fee to be paid for each course renewal by each provider shall not exceed 4 times the credit hour fee per course. Ins 28.06(8)(8) Notification. Within 10 days of a change to an approved course, approved providers shall notify the commissioner of any course information as required in sub. (5) (c) that has changed since filing (and on which course approval was based) with the commissioner. Ins 28.06 HistoryHistory: Cr. Register, November, 1995, No. 479, eff. 12-1-95; am. (6) (b) 7., renum. (6) (b) 10. to be (6) (b) 12., cr. (6) (b) 10., 11., 13. and (7) (b), Register, January, 1999, No. 517, eff. 2-1-99; correction in (1) (a) made under s. 13.93 (2m) (b) 7., Stats.; CR 01-074: cr. (7) (c), Register January 2002 No. 553, eff. 2-1-02; CR 05-111: cr. (6) (a) 16. Register October 2006 No. 610, eff. 11-1-06; correction in (1) (a) made under s. 13.93 (2m) (b) 7., Stats., Register October 2006 No. 610; CR 09-022: r. (1) (a), am. (2) (b) 3., (5) (a), (f) and (7) (b) Register August 2009 No. 644, eff. 9-1-09; CR 10-151: cr. (6) (a) 17. to 24. Register August 2012 No. 680, eff. 9-1-12; CR 19-025: am. (1) (intro.), (4), (5) (c) 3., renum. (6) (b) 5., 7., 13. to (6) (a) 25. to 27. and am. Register August 2020 No. 776, eff. 9-1-20; correction in (4) made under s. 35.17, Stats., Register August 2020 No. 776, eff. 9-1-20. Ins 28.07Ins 28.07 Evidence of attendance for continuing education courses.
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