by hernandez » Sat Nov 13, 2010 04:03 pm
All licenses in the insurance industry are issued under the authority of the state, however, the federal Violent Crime Control and Law Enforcement Act (18 USC 1033, 1034) specifies that persons who have committed certain felonies are prohibited from being involved without a consent waiver from the state regulator. If your felony specifically involved a money or property crime, among others, you will need the waiver. There is no statute of limitations on when the crime/conviction occurred.
Posted: Sat Mar 15, 2014 10:14 pm Post Subject:
OK thank you i really appreciate it.. I guess it would be recommended to run my criminal history just incase theres something I'm forgetting which i doubt but its better to be safe,..
Posted: Tue Apr 15, 2014 12:17 am Post Subject: 18 cc 1033
I am in NM, RI, TX,CT, NH as a staff property casualty adjuster. I live In Nebraska and have handled property claims with no issue . I have never been made aware the waiver and I each carrier I worked for and the DOI in each licensed state listed were fully aware of my felony conviction of assessorey to a felony _ I also have a National Producer number but I don't have a waiver from my home state that I am aware of, is it likely I would receive the license and NPN if I didn't have one?,
Posted: Thu Apr 17, 2014 02:50 am Post Subject:
is it likely I would receive the license and NPN if I didn't have one?,
The two are not necessarily related. You are given a NPN simply by virtue of being licensed by a participating jurisdiction. It is up to the jurisdiction to vet felons as required by the Violent Crime Control and Law Enforcement Act of 1994 (18 U.S.C. 1033. 1034).But it is also a felon's responsibility to know whether his/her crime is one of those covered by the law. The state is not penalized for giving a person a license, but the person is subject to a $10,000 fine and up to 15 years in prison for being involved in a covered occupation without the appropriate jurisdictional waiver. Each jurisdiction must grant a waiver, and begin granted a waiver by one jurisdiction does not mean all jurisdictions will consent..
Posted: Thu May 22, 2014 08:33 pm Post Subject: az adjuster license
I have a felony for car theft and for possession of controlled substance. both are in the state of Arizona. One is from 2005 and the other is from 2007. Will these felonies prevent me from getting the license in Arizona?
Posted: Fri May 23, 2014 05:11 am Post Subject:
The vehicle theft conviction is highly likely to result in denial of a license. But only the Commissioner of Insurance can tell you for sure.
Posted: Wed Jul 16, 2014 01:26 am Post Subject: Illinois
I have a felony conviction for filing a false report that was from 2004 all of my obligations were taken care of in 2008 I took the courses passed the tests and answered truthfully submitted docs and when I followed up they told me the director has zero tolerance.... Is this true? Why wouldn't they say this from the beginning? My app is still pending and they said I can request a hearing if denied. What are your thoughts?
Posted: Wed Jul 16, 2014 03:42 pm Post Subject:
The director does have absolute authority to decide whether or not to grant a waiver. When I teach prelicensing courses, I make it clear to my students that there is no guarantee that a person with a covered felony will receive the waiver.
I don't know if your felony is within the list of those identified in Section 1033, but if it is, then you might be out of luck. Can you appeal? Sure, but expect the court to side with the director unless his decision is outside the law.
Personally, I think persons with felony convictions should look for other avenues outside the insurance industry to earn an income. Saves everyone a lot of trouble and tears.
Posted: Mon Jul 28, 2014 08:24 pm Post Subject: felony
felony when I was a juvenile , I am 52 years old now, it happened when I was 18
Posted: Thu Jul 31, 2014 07:50 pm Post Subject:
After 18 or before 18? A person age 18 or older is no longer a juvenile. There is no statute of limitations on the federal law (18 U.S.C. 1033/1034) that seeks to prevent certain felons from being involved in the insurance/financial services industry. You don't mention what your felony was, so there is no way to give you an answer.
Posted: Tue Aug 12, 2014 07:23 pm Post Subject: Felony in North Carolina
Hi,
We are in the state of TN which is a non-licensing state and my son plead guilty of possession of a controlled substance with the intent to sell and deliver in 2002 in North Carolina, but has not been in any trouble since his plea in 2002. He was given 3 and 1/2 years probation which he completed successfully with no violations and paid all fines. Could this be a problem in obtain an adjusters license?[/code]
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