                                 CODE OF VIRGINIA

FAILURE TO SATISFY REQUIREMENTS; TERMINATION OF LICENSE (§ 38.2-1869)

A. Failure of an agent or public adjuster to complete all continuing education
course or waiver requirements, pay any fee imposed by the Board, or otherwise
furnish proof of compliance during the two-year period set forth in subsection B
of &#xA7; 38.2-1868.1, or to complete the license renewal requirements set forth
in &#xA7; 38.2-1825.1, 38.2-1840, or 38.2-1845.8, shall result in the
termination, pursuant to &#xA7; 38.2-1825.1, 38.2-1840, or 38.2-1845.8, of each
license held by the agent or public adjuster for which the requirements of this
article were not satisfied.

B. Neither the Board, its administrator, nor the Commission shall have the power
to grant an agent or public adjuster additional time for completing the
continuing education credits required by &#xA7; 38.2-1866, or additional time
for seeking waivers or submitting proof of compliance as required by &#xA7;
38.2-1868.1.

C. An agent or public adjuster whose license has been terminated pursuant to
&#xA7; 38.2-1825.1, 38.2-1840, or 38.2-1845.8 for failure to satisfy the
continuing education requirements of this article may appeal the determination
of noncompliance to the Board. However, failure of an agent or public adjuster
to provide notice of appeal in the form and manner prescribed by the Board
within 30 calendar days following expiration of the two-year period set forth in
subsection B of &#xA7; 38.2-1868.1 and in &#xA7;&#xA7; 38.2-1825.1, 38.2-1840,
and 38.2-1845.8 shall be deemed a waiver by such agent or public adjuster of the
right to appeal the determination of noncompliance with the Board.

D. Pursuant to the requirements of subsection C of § 38.2-1815 and §§
38.2-1857.1 and 55.1-1003, respectively:

   1. A resident variable contract agent whose life and annuities insurance agent
   license is terminated for failure to satisfy the requirements of this article
   shall also have such variable contract license terminated by the Commission;

   2. A resident agent holding a license as a surplus lines broker whose property
   and casualty insurance agent license is terminated for failure to satisfy the
   requirements of this article shall also have such surplus lines broker license
   terminated by the Commission; and

   3. An agent holding a registration as a title settlement agent whose title
   insurance agent license is terminated for failure to satisfy the requirements
   of this article shall also have such registration as a title settlement agent
   terminated by the Commission.
   				Any such license or registration so terminated may be applied for again
   after the agent has obtained, respectively, a new life and annuities insurance
   agent&#8217;s license, a new property and casualty insurance agent&#8217;s
   license, or a new title insurance agent&#8217;s license and appointment, if
   appointment is required.

E. An insurance consultant who fails to renew his insurance consultant license
by the date specified in &#xA7; 38.2-1840, but who reinstates his insurance
consultant license within 12 months following such renewal date shall be
treated, for purposes of determining exemption from continuing education
requirements pursuant to &#xA7; 38.2-1871, as if such insurance consultant
license had been renewed in a timely manner.

F. A resident public adjuster whose license has been terminated under the terms
of this section and whose license is not reinstated pursuant to &#xA7;
38.2-1845.8 shall be permitted to make application for a new license if all of
the requirements of &#xA7; 38.2-1845.2 are met.

HISTORY: 1992, c. 570; 1994, c. 175; 1995, c. 554; 1996, c. 159; 1997, c. 583;
1998, c. 46; 2000, c. 522; 2001, c. 706; 2002, c. 296; 2006, c. 589; 2010, c.
281; 2012, c. 294; 2016, c. 285; 2018, c. 668; 2019, c. 675; 2021, Sp. Sess. I,
c. 441.