KRS 304.13-091: License for advisory organization, statistical agent, or form provider --

Refusal to supply services -- Application for license -- Fees.

(1) No advisory organization, statistical agent, or form provider shall provide any

otherwise permitted service , and no insurer shall utilize the services unless the

organization has obtained a license pursuant to subsection (3) of this section.

(2) No advisory organization, statistical agent, or form provider shall refuse to supply

any services for which it is lic ensed in Kentucky to any insurer authorized to do

business in Kentucky and offering to pay the fair and usual compensation for the

services.

(3) An advisory organization, statistical agent, or form provider applying for a license

shall include with its application:

(a) A copy of its constitution, charter, articles of organization, agreement,

association or incorporation, bylaws, plan of operation, and any other rules or

regulations governing the conduct of its business;

(b) A list of its members, subscribers, and customers;

(c) The name and address of one (1) or more residents of Kentucky upon whom

notices, process affecting it, or orders of the commissioner may be served;

(d) A statement showing its technical qualifications for acting in the capacity for

which it seeks a license;

(e) A biography of the ownership and management of the organization; and

(f) Any other relevant information and documents that the commissioner may

require.

(4) Every organization which has applied for a license shall notify the com missioner of

every material change in the facts or in the documents on which its application was

based. Any amendment to a document filed under this section shall be filed at least

thirty (30) days before it becomes effective.

(5) If the commissioner finds that the applicant and the natural persons through whom

it acts are competent, trustworthy, and technically qualified to provide the services

proposed, and that all requirements of the law are met, he or she shall issue a license

specifying the authorized activity of the applicant. The commissioner shall not issue

a license if the proposed activity would tend to create a monopoly or to substantially

lessen the competition in any market. At the request of the licensee, licenses issued

under this section may be renewed on an annual basis.

(6) Licenses issued pursuant to this section shall remain in effect for one (1) year

unless:

(a) The licensee fails to pay fees required by law for the continuance or renewal

of its license;

(b) The licensee withdraws from the state; or

(c) The license is suspended or revoked.

The commissioner may at any time, after a hearing to be conducted in accordance

with the provisions of this chapter and KRS 304.2 -310, revoke or suspend the

license of an advisory organization, statistical agent, or form provider which does

not comply with the requirements and standards of this chapter.

(7) The commissioner shall by administrative regulation establish a written summary of

information that shall be included in an application for licenses issued under this

section.

(8) Advisory organizations wishing to operate as statistical agents or form providers

may be so authorized under their license as an advisory organization. A separate

license is not required.

(9) Each advisory organization, statistical agent, and form provider shall pay fees as

required by KRS 304.4 -010 for the application, continuance, or renewal of its

license.