31.03.09 Staggered System for Renewal of Certificates of Qualification

Authority: Insurance Article, §§2-108, 2-109, and 10-115, Annotated Code of Maryland

.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Administration" means the Maryland Insurance Administration.

(2) Certificate of Qualification.
(a) "Certificate of qualification" has the meaning stated in Insurance Article, §10-101(b), Annotated Code of Maryland.
(b) "Certificate of qualification" includes an interim certificate of qualification.
(3) "Interim certificate of qualification" means a certificate of qualification issued for an interim period of 1 — 3 years during the phase-in of the staggered system for renewal of certificates of qualification.

.02 Establishment of Staggered System of Renewals.

A. In General. The Administration may establish a staggered system of renewal for certificates of qualification.
B. Uniform Distribution of Renewal Dates.
(1) The Administration shall establish staggered renewal dates for certificates of qualification so that approximately the same number of certificates of qualification are renewed each day.
(2) From time to time, the Administration shall evaluate the monthly volume of certificate of qualification renewals for the purpose of maintaining relatively uniform workloads.
(3) The Administration may adjust the monthly volumes of certificate of qualification renewals by:
(a) Changing the month of expiration of a certificate of qualification;
(b) Prorating the renewal fee for the certificate of qualification and the fraud prevention fee in accordance with Regulation .04 of this chapter; and
(c) Prorating the continuing education hours for renewal of the certificate of qualification in accordance with Regulation .05 of this chapter.

.03 Phase-In of Staggered System of Renewals.

A. Initial Issuance of Certificate of Qualification. For certificates of qualification that are initially issued on or after April 15, 2001, the Administration shall issue a certificate of qualification with a term of 2 years from the date of issuance.
B. Renewal of Current Certificate of Qualification. For certificates of qualification that are renewed on July 1, 2001, the Administration shall:
(1) Issue an interim certificate of qualification for a term of 1 — 3 years as set by the Administration;
(2) Prorate the renewal fee for the interim certificate of qualification and the fraud prevention fee in accordance with Regulation .04 of this chapter; and
(3) Prorate the continuing education hours required for renewal of the interim certificate of qualification in accordance with Regulation .05 of this chapter.
C. Renewal of Interim Certificate of Qualification. If the holder of an interim certificate of qualification qualifies for renewal of the interim certificate of qualification, upon renewal the Administration shall issue a certificate of qualification with a term of 2 years from the date of issuance.
D. Renewal of Certificate of Qualification Following Phase-In Period. After the phase-in of the staggered renewal system, the Administration shall renew certificates of qualification for a term of 2 years from the date of renewal unless the Administration changes the expiration date under Regulation .02B(3) of this chapter.

.04 Proration of Fees.

A. Renewal Fees. If the Administration is required to charge a prorated renewal fee for a certificate of qualification, the Administration shall calculate the amount of the prorated fee by:
(1) Dividing the appropriate renewal fee listed in Insurance Article, §2-112, Annotated Code of Maryland, by 24;
(2) Multiplying the quotient obtained under §A(1) of this regulation by the number of months for which the certificate of qualification is issued or renewed; and
(3) Rounding the product obtained under §A(2) of this regulation to the nearest dollar, with amounts ranging from 1 cent to 50 cents rounded down to the next lower dollar and amounts ranging from 51 cents to 99 cents rounded up to the next higher dollar.
B. Fraud Prevention Fee. If the Administration is required to charge a prorated fraud prevention fee, the Administration shall calculate the amount of the prorated fee by: (1) Dividing the fraud prevention fee listed in Insurance Article, §6-203, Annotated Code of Maryland, by 24;
(2) Multiplying the quotient obtained under §B(1) of this regulation by the number of months for which the certificate is issued or renewed; and
(3) Rounding the product obtained under §B(2) of this regulation to the nearest dollar, with amounts ranging from 1 cent to 50 cents rounded down to the next lower dollar and amounts ranging from 51 cents to 99 cents rounded up to the next higher dollar.

.05 Proration of Continuing Education Credit Hours.
A. General Continuing Education Requirements. Except as otherwise provided by Insurance Article, §10-116, Annotated Code of Maryland, the holder of a certificate of qualification that expires on June 30, 2001, shall complete 16 credit hours of continuing education before the holder may renew the certificate of qualification.
B. Proration.
(1) The holder of an interim certificate of qualification issued on July 1, 2001, who has held a certificate of qualification for fewer than 25 consecutive years, shall successfully complete the following number of credit hours of continuing education before the holder may renew the certificate of qualification and receive a certificate of qualification with a 2-year term:
(a) For an interim certificate of qualification issued for a term of 1 year to 1 years, 8 credit hours;
(b) For an interim certificate of qualification issued for a term of more than 1 years but not more than 2 years, 12 credit hours;
(c) For an interim certificate of qualification issued for a term of more than 2 years but not more than 21/2 years, 16 credit hours; or
(d) For an interim certificate of qualification issued for a term of more than 2 years but not more than 3 years, 20 credit hours.
(2) The holder of an interim certificate of qualification issued on July 1, 2001, who has held a certificate of qualification for 25 or more consecutive years, beginning on July 1, 2001, and counting back to the year that the certificate was first obtained, shall successfully complete 50 percent of the credit hours of continuing education required in §B(1) of this regulation before the holder may renew the interim certificate of qualification and receive a certificate of qualification with a 2-year term.
(3) If the interim certificate holder has a certificate for both property or casualty, or any subdivision of property or casualty, and life or health, or any subdivision of life or health, in order to renew the interim certificate of qualification, the interim certificate holder shall successfully complete a minimum of:
(a) 25 percent of the required credit hours in one or more courses designated "Property/Casualty"; and
(b) 25 percent of the required credit hours in one or more courses designated "Life/Health".
(4) National Examination.
(a) If an interim certificate holder receives a passing score on a national examination on or before the 15th day before the expiration date of the interim certificate of qualification, the interim certificate holder shall receive the number of continuing education credit hours that the Commissioner has approved for the examination towards the credit hours needed to renew the interim certificate of qualification.
(b) If an interim certificate holder receives a passing score on a national examination after the 15th day before the expiration date of the interim certificate of qualification, the interim certificate holder shall receive the number of continuing education credit hours that the Commissioner has approved for the examination towards the next certificate renewal.

STEVEN B. LARSEN
Insurance Commissioner  

Effective Date:  August 20, 2001