Chapter Ins 28

Register August 2009 No. 644

Chapter Ins 28

CONTINUING EDUCATION

Ins 28.01   Purpose.

Ins 28.02   Scope.

Ins 28.03   Definitions.

Ins 28.04   Continuing education requirement.

Ins 28.05   Waiver of continuing education requirements.

Ins 28.06   Requirements for approval of continuing education providers and courses.

Ins 28.07   Evidence of attendance for continuing education courses.

Ins 28.08   Correspondence courses.

Ins 28.10   Investigation and review.

Ch. Ins 28 Note Note: Chapter Ins 28 applies to all intermediaries licensed in Wisconsin.

Ins 28.01 Ins 28.01 Purpose. To provide necessary information regarding insurance, insurance ethics and insurance laws, the commissioner of insurance finds that continuing education shall be required of all resident insurance intermediaries for the major lines of insurance of property, casualty, life, accident and health insurance, and the limited line of automobile.

Ins 28.01 History History: Cr. Register, November, 1995, No. 479, eff. 12-1-95; CR 19-025: am. Register August 2020 No. 776.

Ins 28.02 Ins 28.02 Scope. This chapter applies to all insurance intermediary licensees in the state of Wisconsin unless exempted under s. Ins 28.04 (2) (a) and (b).

Ins 28.02 History History: Cr. Register, November, 1995, No. 479, eff. 12-1-95; correction made under s. 13.92 (4) (b) 7., Stats., Register August 2009 No. 644.

Ins 28.03 Ins 28.03 Definitions. In this chapter:

Ins 28.03(1) (1) “Certificate of Continuing Education” means a document substantially in the form described in Appendix 1.

Ins 28.03(2) (2) “Course” means a program of study submitted to, and approved by, the commissioner under this chapter.

Ins 28.03(3) (3) “Credit hour” means a period of study, included as a part of a course, consisting of no less than 50 minutes of classroom instruction, or 4,500 words per credit hour for correspondence, self-study, or on-line courses.

Ins 28.03(3m) (3m) “Home state” means the District of Columbia and any state or territory of the United States in which an insurance producer maintains his or her principal place of residence or principal place of business and is licensed to act as an insurance producer.

Ins 28.03(4) (4) “Provider” means an entity that is approved to teach courses under s. Ins 28.06.

Ins 28.03 History History: Cr. Register, November, 1995, No. 479, eff. 12-1-95; CR 09-022: am. (3) Register August 2009 No. 644, eff. 9-1-09; CR 19-025: cr. (3m) Register August 2020 No. 776, eff. 9-1-20; correction in (3) made under s. 35.17, Stats., Register August 2020 No. 776.

Ins 28.04 Ins 28.04 Continuing education requirement.

Ins 28.04(1) (1) 

Ins 28.04(1)(a) (a) Each intermediary licensed in any of the major lines listed in s. Ins 6.50 (2) (a) and the grandfathered limited line of automobile shall biennially complete 24 credit hours of continuing education approved by the commissioner in accordance with this chapter and with at least 3 of the 24 credit hours covering ethics in insurance.

Ins 28.04(1)(b) (b) On or before the last day of the agent’s license expiration date every resident-intermediary agent shall furnish evidence to the commissioner in a manner prescribed by the commissioner that 24 credit hours of continuing education, of which at least 3 credit hours must be in the ethics of insurance, have been completed.

Ins 28.04(1)(c) (c) Intermediaries may fulfill the continuing education requirements by earning the required credit hours from courses taught in any or all of the major lines and the limited line of automobile.

Ins 28.04(1)(d) (d) Excess credit hours accumulated during any reporting period may not be carried forward to the next reporting period. Courses are counted and banked in the order they are completed.

Ins 28.04(1)(e) (e) An instructor of an approved continuing education course may receive the same number of credit hours as a person enrolled in the course for the purpose of meeting the requirements of this section. Intermediaries and instructors may receive credit hours for attending or teaching the same course only once during any biennium.

Ins 28.04(1)(f) (f) Not less than 60 days prior to the reporting date set forth in par. (b) of each reporting period, the commissioner shall provide each intermediary with a renewal notice containing instructions for the intermediary to review his or her education transcript for compliance.

Ins 28.04(1)(g) (g) If the required credit hours are not banked by the license expiration date set forth in par. (b), the license of the intermediary shall terminate on the license expiration date.

Ins 28.04(1)(h) (h) Any individual intermediary whose license has terminated for failure to fulfill the continuing education requirement, shall, in order to be relicensed, satisfy the licensing requirements established by ss. Ins 6.59 and 6.63.

Ins 28.04(1m) (1m) Definitions.

Ins 28.04(1m)(a) (a) NAIC means National Association of Insurance Commissioners.

Ins 28.04(1m)(b) (b) A declaration of uniform treatment means an agreement with another state that both states will deal with certain entities in the same manner.

Ins 28.04(2) (2) Continuing education requirements shall not apply to the following:

Ins 28.04(2)(a) (a) Any intermediary exclusively holding a limited line insurance license in the following lines: credit insurance, crop insurance, legal expense insurance, miscellaneous limited line, managing general agent, surety insurance, title insurance, or travel insurance.

Ins 28.04(2)(b) (b) A nonresident intermediary whose home state grants similar exemptions to Wisconsin residents.

Ins 28.04 History History: Cr. Register, November, 1995, No. 479, eff. 12-1-95; am. (1) (a), (b), (d) and (2) (c), cr. (1m), Register, January, 1999, No. 517, eff. 2-1-99; emerg. am. (1) (a), (2) (a), eff. 11-9-01; CR 01-074: am. (1) (a) and (2) (a), Register January 2002 No. 553, eff. 2-1-02; CR 05-111: am. (1) (a), (d), (f), (g) and (i), r. and recr. (1) (b) Register October 2006 No. 610, eff. 11-1-06; CR 07-096: am. (2) (a) Register March 2008 No. 627, eff. 4-1-08; CR 09-022: renum. (1) (b) 1., (i) and (2) (c) to be (1) (b), (h) and (2) (b) and am. (1) (b) and (2) (b), r. (1) (b) 2., 3., (h) and (2) (b), am. (1) (g) and (2) (a) Register August 2009 No. 644, eff. 9-1-09; correction to renumbering of (1) (h) made under s. 13.92 (4) (b) 1., Stats., Register August 2009 No. 644; CR 19-025: am. (1) (f) to (h), (2) (b) Register August 2020 No. 776, eff. 9-1-20.

Ins 28.05 Ins 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 28.05 History History: Cr. Register, November, 1995, No. 479, eff. 12-1-95; CR 19-025: am. Register August 2020 No. 776, eff. 9-1-20 .

Ins 28.06 Ins 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(1)(h) (h) Other information as specified by the commissioner.

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;