BEFORE THE COMMISSIONER OF SECURITIES AND INSURANCE

OFFICE OF THE MONTANA STATE AUDITOR

 

In the matter of the amendment of ARM 6.6.4202, 6.6.4203, 6.6.4204, 6.6.4211, and 6.6.4212 pertaining to the Continuing Education Program for Insurance Producers and Consultants

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NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

TO: All Concerned Persons

 

1.  The Commissioner of Securities and Insurance, Office of the Montana State Auditor (CSI) proposes to amend the above-stated rules.

 

2.  CSI will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice.  If you require an accommodation, contact CSI no later than 5:00 p.m. on September 5, 2023, to advise us of the nature of the accommodation that you need.  Please contact Sam Loveridge, Communications Director, 840 Helena Avenue, Helena, Montana, 59601; telephone (406) 444-2040 or 1-800-332-6148; fax (406) 444-3413; TDD (406) 444-3246; or e-mail csi@mt.gov.

 

3.  The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

6.6.4202  DEFINITIONS For the purposes of this subchapter, the following terms have the following meanings: 

(1) through (7) remain the same. 

(8)  "Proctor" means a person who monitors the attendance and conduct or the examination process for course participants, but who does not participate in course presentations, activities or discussions or complete any required examinations.

(9) through (12) remain the same but are renumbered (8) through (11).

 

AUTH: 33-1-313, 33-17-1206, MCA

IMP: 33-17-1203, 33-17-1204, MCA

 

6.6.4203  COURSE SUBMISSIONS  (1) and (2) remain the same. 

(3)  Requests for approval of courses must be received by the commissioner no less than 15 days prior to the anticipated starting date of the course, except as provided in (14). A sponsoring organization must submit each course for review and receive approval of the course prior to making that course available for enrollment by licensees.  If the commissioner determines that the course content is incomplete or inadequate, the provider will be notified and required to supplement or modify the course before receiving approval.

(4) through (7) remain the same. 

(8)  Except as provided in (15), course approval is for a period of two years following the course approval date.  A course without significant changes may be renewed without advisory council approval in a form approved by the commissioner.

(9) through (15) remain the same. 

 

AUTH: 33-1-313, 33-17-1206, MCA

IMP: 33-17-1204, MCA

 

6.6.4204  QUALIFICATIONS FOR INSTRUCTORS  (1) through (4) remain the same. 

(5) Proctors will not earn continuing education credit for their services.

 

AUTH: 33-1-313, 33-17-1206, MCA

IMP: 33-17-1203, 33-17-1204, MCA

 

6.6.4211  REQUESTS FOR RECONSIDERATION OF CREDIT HOUR ASSIGNMENT  (1) remains the same. 

(2)  The advisory council commissioner shall evaluate any submitted requests for reconsideration, the original course submission, and any additional materials provided to support the request for reconsideration within 60 days of the submission.

(3)  After evaluating the request for reconsideration, the advisory council commissioner will may recommend to the commissioner to increase, decrease, or maintain the credit hours assigned to the course. The council commissioner shall only recommend assign one credit per 50 minutes of instruction.

(4)  The commissioner will review the recommendation of the advisory council and assign credit hours to the course.

(5) and (6) remain the same. 

 

AUTH: 33-1-313, 33-17-1206, MCA 

IMP:  33-17-1204, MCA

 

6.6.4212  REQUESTS FOR RECONSIDERATION OF COURSE DISAPPROVAL (1) remains the same. 

(2)  The advisory council shall review a request for reconsideration, the original course submission, and any additional materials provided to support the request within 60 days of the request. The advisory council shall then make a recommendation to the commissioner to approve or disapprove.

(3)  The commissioner shall review the recommendation of the advisory council and approve or disapprove the course.

(4) remains the same but is renumbered (2).

 

AUTH: 33-1-313, 33-17-1206, MCA 

IMP:  33-17-1204, MCA

 

4. REASON: The Commissioner of Securities and Insurance, Montana State Auditor, Troy Downing (commissioner) is the statewide elected official responsible for administering the Montana Insurance Code and regulating the business of insurance. The 68th Montana Legislature passed House Bill 61, revising review and approval of continuing education courses.

 

5.  Concerned persons may submit their data, views, or arguments concerning the proposed actions in writing to: Sam Loveridge, CSI Communications Director, 840 Helena Avenue, Helena, Montana, 59601; telephone (406) 444-2040 or 1-800-332-6148; fax (406) 444-3413; TDD (406) 444-3246; or e-mail CSI@mt.gov, and must be received no later than 5:00 p.m., September 22, 2023.

 

6. If persons who are directly affected by the proposed actions wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Sam Loveridge at the above address no later than 5:00 p.m., September 22, 2022. 

 

7. If the agency receives requests for a public hearing on the proposed actions from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed actions; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 10 persons based on a conservative estimate of how frequently CSI receives questions about the above-stated rules per year.

 

8.  CSI maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list must make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in paragraph 5 or may be made by completing a request form at any rules hearing held by CSI.

 

9.  An electronic copy of this proposal notice is available through the Secretary of State's website at http://sosmt.gov/ARM/Register.

 

10.  The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

11.  With regard to the requirements of 2-4-111, MCA, CSI has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.

 

 

/s/ Ole Olson                                                 /s/ Mary Belcher                  

Ole Olson                                                      Mary Belcher

Rule Reviewer                                              Deputy Auditor

                                                                      Commissioner of Securities and Insurance,

                                                                      Office of the Montana State Auditor

 

Certified to the Secretary of State August 15, 2023.