KRS 304.9-295: Biennial continuing education requirements for licensed agents and

independent and public adjusters -- Exceptions -- Courses -- Number of hours

-- Failure to complete -- Penalty.

(1) This section shall apply to individuals who hold licenses or lines of authority

requiring continuing education each biennium.

(2) The continuing education biennial compliance date for an individual resident

licensee shall be as follows:

(a) A licensee whose birth date is in an even -numbered year shall satisfy

continuing education requirements on or before the last day of the licensee's

birth month in the even -numbered year. A licensee shall show proof of

compliance to the commissioner within sixty (60) days after the continuing

education biennial compliance date. If the licensee has not held the license for

one (1) year, the compliance date is adjusted to the next even -numbered year

and each subsequent even -numbered year thereafter. If the license becomes

inactive and reissued within a twelve (12) month period, th e compliance date

shall remain the same; and

(b) A licensee whose birth date is in an odd -numbered year shall satisfy

continuing education requirements and show proof of compliance to the

commissioner on or before the last day of the licensee's birth month in the

odd-numbered year. A licensee shall show proof of compliance to the

commissioner within sixty (60) days after the continuing education biennial

compliance date. If the licensee has not held the license for one (1) year, the

compliance date is adjus ted to the next odd -numbered year and each

subsequent odd-numbered year thereafter. If the license becomes inactive and

reissued within a twelve (12) month period, the compliance date shall remain

the same.

(3) This section shall not apply to:

(a) Limited lines of authority under agent licenses, as exempted by the

commissioner in accordance with KRS 304.9-230;

(b) Licensees not licensed for one (1) full year prior to the end of the applicable

continuing education biennium;

(c) Licensees holding nonresident licenses who have met the continuing

education requirements of their home state and whose home state gives credit

to Kentucky resident licensees on the same basis; or

(d) Licensees maintaining their licenses for the sole purpose of receiving

renewals or de ferred commissions and providing the department with a

supporting affidavit.

(4) A licensee, who holds an agent license and who is not exempt under subsection (3)

of this section, shall satisfactorily complete a minimum of twenty-four (24) hours of

continuing education courses, of which three (3) hours shall have a course

concentration in ethics, during each continuing education biennium.

(5) (a) An individual who holds an independent or public adjuster license, including

a nonresident independent or public adjuster that designates Kentucky as his

or her home state, and who is not exempt under KRS 304.9 -430(10), shall

satisfactorily complete a mini mum of twenty -four (24) hours of continuing

education courses, of which three (3) hours shall have a course concentration

in ethics in accordance with subsection (4) of this section.

(b) Continuing education hours shall be reported to the commissioner on a

biennial basis in conjunction with the licensee's renewal in accordance with

subsection (10) of this section.

(6) (a) Only continuing education courses approved by the commissioner shall be

used to satisfy the continuing education requirements of this se ction and any

other continuing education requirement of this chapter.

(b) The continuing education courses which meet the commissioner's standards

for continuing education requirements are:

1. Any part of the Life Underwriter Training Council life course

curriculum;

2. Any part of the Health Underwriter Training Council health course

curriculum;

3. Any part of the American College Chartered Life Underwriter diploma

curriculum;

4. Any part of the American Institute for Property and Liability

Underwriters' ch artered property and casualty underwriter profession

designation program;

5. Any part of the Insurance Institute of America's programs;

6. Any part of the certified insurance counselor program;

7. Any insurance related course taught at an accredited colleg e or

university, if the course is approved by the commissioner;

8. Any course of instruction or seminar developed or sponsored by any

authorized insurer, recognized agent association, recognized insurance

trade association, or any independent program of in struction, if

approved by the commissioner;

9. Any correspondence course approved by the commissioner; and

10. Any course in accordance with provisions of reciprocal agreements the

commissioner enters with other states.

(c) 1. The commissioner shall prescr ibe the number of hours of continuing

education credit for each continuing education course approved in

accordance with this subsection.

2. Continuing education courses submitted in accordance with a reciprocal

agreement shall be approved according to the provisions of the

reciprocal agreement.

(d) If a continuing education course requires successful completion of a written

examination, no continuing education credit shall be given to licensees who

do not successfully complete the written examination.

(e) The fee for filing continuing education courses for approval by the

commissioner shall be as specified in Subtitle 4 of KRS Chapter 304.

(f) For continuing education courses of reciprocal states, continuing education

providers shall be approved in accordanc e with the provisions of the

reciprocal agreements.

(7) An individual teaching any continuing education course approved by the

commissioner shall qualify for the same number of hours of continuing education

credit as would be granted to a licensee taking a nd satisfactorily completing the

course.

(8) Excess credit hours accumulated during any continuing education biennium may be

carried forward. The commissioner may, by administrative regulation, limit the

number of hours carried forward.

(9) (a) For good ca use shown, the commissioner may grant an extension of time

during which the continuing education requirement of subsection (2) of this

section may be completed, but the extension of time shall not exceed two (2)

years.

(b) What constitutes good cause for t he extension of time rests within the

discretion of the commissioner.

(10) (a) Every licensee subject to this section shall furnish to the commissioner written

certification as to the continuing education courses satisfactorily completed by

the licensee.

(b) The certification shall:

1. Be signed by or on behalf of the provider sponsoring the continuing

education course; and

2. Contain an attestation signed by the licensee.

(c) The certification shall be on a form prescribed by the commissioner.

(d) A licen see is responsible for ensuring that a certification submitted by the

licensee under this subsection:

1. Contains the correct license identification number; and

2. Is applied to the licensee's license record.

(11) (a) The provider shall furnish to the comm issioner certification as to the

continuing education courses satisfactorily completed by each licensee.

(b) The certification shall be signed or authenticated by or on behalf of the

provider sponsoring the continuing education course.

(c) The certificatio n shall be on a form or in a format prescribed by the

commissioner.

(12) The license or line of authority requiring continuing education shall expire if the

individual holding the license or line of authority:

(a) Fails to comply with the continuing education requirement; and

(b) Has not been granted an extension of time to comply in accordance with

subsection (9) of this section.

(13) If an individual submits to the commissioner a false or fraudulent certification of

compliance with a continuing education requirement, the commissioner shall, in

accordance with KRS 304.9 -440, suspend or revoke the license of the individual,

impose a civil penalty, or both.

(14) (a) The commissioner may withdraw approval of a continuing education

provider, course, or instructor for good and just cause.

(b) In addition to or in lieu of withdrawal of approval, the commissioner may

impose a civil penalty of not more than one thousand dollars ($1,000) per

violation of this chapter by a provider or an instructor.