Chapter 13. Producer Registers and Documentation of Appointments
Regulation .01 Definition.LinkCopy Citation
A.
In this chapter, the following term has the meaning indicated.
B.
Term Defined. “Producer register” means a register of appointed insurance producers who are authorized to sell, solicit, or negotiate contracts of insurance on behalf of an insurer.
Regulation .02 Producer Register.LinkCopy Citation
A.
Required. An insurer authorized to transact the business of insurance in the State shall maintain a producer register.
B.
Form and Content.
(1)
Within 30 days after appointing an insurance producer, an insurer shall add the following information to the insurer's producer register:
(a)
The Maryland license number of the insurance producer;
(b)
If the insurance producer is an individual, the first and last name and residence or business address of the individual;
(c)
If the insurance producer is a business entity:
(i)
The tax ID number of the insurance producer;
(ii)
The name of the business entity; and
(iii)
The address of the business entity; and
(d)
The date that the insurance producer was appointed.
(2)
Within 30 days after the effective date of an insurer's termination of an appointment of an insurance producer, the insurer shall add the following information to the insurer's producer register:
(a)
The effective date of the termination of the appointment; and
(b)
An identifier that indicates if the termination was wholly or partly the result of a belief that the insurance producer engaged or is engaging in any of the activities set forth in Insurance Article, §10-126, Annotated Code of Maryland.
(3)
Each item that an insurer is required to include in its producer register under §B(1) and (2) of this regulation shall be entered:
(a)
On a separate line or space; or
(b)
If the producer register is maintained electronically, in a separate searchable field.
(4)
If an insurer maintains its producer register electronically, the insurer shall maintain the producer register in a manner that allows the information in the producer register to be retrieved within 10 working days after a request from the Insurance Commissioner.
Regulation .03 Updating and Maintaining Producer Register.LinkCopy Citation
A.
At least once every 31 days, an insurer shall determine whether the license of any insurance producer who currently is appointed by the insurer has been suspended or revoked.
B.
After determining that the license of an insurance producer who currently is appointed by an insurer has been suspended or revoked, the insurer shall:
(1)
Within 5 business days after making the determination, terminate the appointment of the insurance producer; and
(2)
Within 30 days after the effective date of the termination, update the insurer's producer register to reflect the termination of the appointment in accordance with Regulation .02B(2) of this chapter.
C.
An insurer shall maintain its producer register for as long as the insurer acts as an insurer in the State.
D.
If an insurer ceases to act as an insurer in the State due to a sale, merger, consolidation, or other transaction:
(1)
The insurer shall transfer its producer register to the successor insurer that acquires the business of the insurer; and
(2)
The successor insurer shall maintain the producer register for as long as the successor insurer acts as an insurer in the State.
Regulation .04 Documentation of Appointment.LinkCopy Citation
A.
Within 30 days after appointing an insurance producer, an insurer shall provide the insurance producer with written documentation of the appointment that contains, at a minimum:
(1)
The name of the insurer;
(2)
The date that the documentation was provided to the insurance producer;
(3)
The Maryland license number of the insurance producer;
(4)
If the insurance producer is an individual, the first and last name of the individual;
(5)
If the insurance producer is a business entity, the name of the business entity;
(6)
The date that the insurance producer was appointed; and
(7)
The following statement, prominently displayed on the written documentation: “This document shall be retained while your appointment is in effect and for at least 5 years after the termination of your appointment.”
B.
An insurer may provide the written documentation to an insurance producer electronically if the insurance producer agrees to receive the written documentation electronically.
Regulation .05 Maintenance of Information by Insurance Producer.LinkCopy Citation
A.
A licensed insurance producer that has received written documentation of an appointment from an insurer shall maintain:
(1)
The documentation of the insurer's appointment that is provided by the insurer under Regulation .04 of this chapter; and
(2)
A list of insurers that have appointed the insurance producer.
B.
If an insurance producer maintains the information required to be maintained by §A of this regulation electronically, the insurance producer shall maintain the information in a manner that allows the information to be retrieved within 10 working days after a request from the Insurance Commissioner.
C.
With respect to a particular appointment, the insurance producer shall maintain the information required to be maintained by §A of this regulation:
(1)
While the appointment is in effect; and
(2)
For at least 5 years after the termination of the appointment.
Regulation .06 Producer Action on Behalf of Insurer.LinkCopy Citation
On appointment by an insurer, a licensed producer that has written documentation of the appointment pursuant to Regulation .04 of this chapter may act on behalf of the insurer before the insurer adds the producer to its register.
Chapter annotations
Authority: Insurance Article, §§2-109(a)(1), 10-103(c), and 10-118(j), Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.05 adopted as an emergency provision effective January 1, 2004 (31:1 Md. R. 29); adopted permanently effective June 21, 2004 (31:12 Md. R. 915)
History: Regulation .02B amended effective February 26, 2007 (34:4 Md. R. 403); February 25, 2019 (46:4 Md. R. 191); February 21, 2022 (49:4 Md. R. 302)
History: Regulation .04A amended effective February 25, 2019 (46:4 Md. R. 191); February 21, 2022 (49:4 Md. R. 302)
History: Regulation .05A amended effective April 10, 2006 (33:7 Md. R. 675)
History: Regulation .06 adopted effective August 14, 2006 (33:16 Md. R. 1366)