Section 2201. Certification. 2202. Prerequisites. 2203. Issuance and duration. 2204. Revocation or suspension. 2205. Prohibitions. 2206. Termination of services. 2207. Transfer. 2208. Misleading statements. 2209. Stay or suspension of superintendent`s determination. S 2201. Certification. Every officer or employee of a licensed insurer or of a savings bank, other than a duly licensed agent, who in any office of such insurer or of any savings bank, as a part of his duties, negotiates for applications or orders for life insurance or annuity contracts or solicits or procures from the public such applications or orders shall be required to be certified by the superintendent as to his competency and trustworthiness before engaging in such activities. S 2202. Prerequisites. (a) Certification shall not be made by the superintendent unless there shall be on file in his office the following documents: (1) a written application by the person to be certified in such form and containing such information the superintendent prescribes; and (2) a statement executed by an officer of the insurer or the savings bank which is to be named in such certificate, that the insurer or bank is satisfied that the applicant is trustworthy and competent to negotiate for applications or orders for life insurance or annuity contracts and to solicit and procure from the public such applications or orders. (b) (1) In order to determine trustworthiness and competency, the applicant shall be required to pass a personal written examination to the satisfaction of the superintendent. Such examination shall be held at times and places set by the superintendent. Every individual taking any such examination shall pay to the superintendent, or at the superintendent`s discretion, directly to any organization that is under contract to provide examination services, an examination fee of an amount which is the actual documented administrative cost of conducting said qualifying examination as certified by the superintendent from time to time. An examination fee represents an administrative expense and is not refundable. (2) No individual shall be qualified to take the examination unless he possesses the same qualifications regarding insurance course requirements as those required pursuant to subparagraph (A) of paragraph two of subsection (f) of section two thousand one hundred three of this chapter for agent licensing pursuant to such section. (3) The superintendent may accept, in lieu of the examination required by paragraph one hereof, the result of any previous written examination given by him which in his judgment is equivalent to the examination for which it is substituted. (c) The superintendent may refuse to certify any person if, in his judgment, such person is not trustworthy and competent, or has failed to comply with any prerequisite for the issuance of such certificate. (d) The superintendent may issue a replacement for a currently in force certificate which has been lost or destroyed. Before such replacement certificate shall be issued, there shall be on file in the office of the superintendent a written application for such replacement certificate, affirming under penalty of perjury that the original certificate has been lost or destroyed, together with a fee of fifteen dollars. S 2203. Issuance and duration. (a) The superintendent shall issue to the insurer or the savings bank, a certificate with respect to each such applicant who has complied with the requirements of this article. (b) Any certificate currently in force issued to an officer or employee of a licensed insurer or of a savings bank shall be deemed terminated as of August thirty-first, nineteen hundred ninety-five. On or after July first, nineteen hundred ninety-five, all certificates issued pursuant to this section shall be for a term of two years expiring on June thirtieth of odd numbered years. Such certificates may be issued for all of such two year terms, or, upon application made during such term, for the balance thereof. (b-1) Any certificate shall be considered in good standing within the certificate term unless: (1) revoked or suspended by the superintendent pursuant to this article. (2) all certificates have been terminated by the insurer or savings bank employing the officer or employee, or the insurer employing such officer or employee ceases to be licensed to do an insurance business in this state, or the savings bank employing such officer or employee ceases to be authorized to conduct the business of life insurance in this state, at which time the certificate shall be terminated. (3) if at the expiration date of the certificate term, provided the certificate was in good standing during the term, the certified officer or employee fails to file a renewal application. (b-2) Before the renewal of any certificate shall be issued, the following requirements shall be met: (1) The certified officer or employee shall have filed a completed renewal application in such form or forms and supplements thereto and containing such information as the superintendent may prescribe. (2) The certified officer or employee shall have paid such fees as are prescribed in this section. * (3) The certified officer or employee shall have met the same requirements for continuing education as are required for the renewal of an agent`s license pursuant to section two thousand one hundred thirty-two of this chapter for the types of insurance for which the officer or employee is certified. * NB Applicable only to certificate renewals on and after July 1, 1997. (b-3) If an application for certificate renewal shall have been filed with the superintendent before July first of the year of expiration, the certificate sought to be renewed shall continue in full force and effect either until the issuance by the superintendent of the renewal certificate applied for or until five days after the superintendent shall have refused to issue such renewal certificate and shall have given notice of such refusal to the applicant. Before refusing to renew any such certificate, except on the ground of failure to pass a written examination, the superintendent shall notify the applicant of his intention to do so and shall give such applicant the opportunity to request a hearing.
(b-4) In addition to any examination fee required by paragraph one of subsection (b) of section two thousand two hundred two of this article, there shall be paid to the superintendent for each certificate applicant the sum of twenty dollars for each year or fraction of a year in which a certificate shall be valid. If, however, the certificate applicant should withdraw the application or the superintendent should deny the application before the certificate applied for is issued, the superintendent may refund the fee paid by the applicant for the certificate applied for with the exception of any examination fees required pursuant to paragraph one of subsection (b) of section two thousand two hundred two of this article. (b-5) An application for the renewal of a certificate filed with the superintendent after May first of the year in which the certificate expires shall be subject to a further fee for late filing of five dollars. (c) The superintendent may require any certified officer or employee of any insurer or savings bank to submit a new application at any time. S 2204. Revocation or suspension. (a) The superintendent may revoke, or may suspend for such period as he may determine, any certificate if he determines that the person named in the certificate has: (1) violated any provision of, or any obligation imposed by this chapter or has violated any law in the course of any activities for which such certificate is required; (2) made a material misstatement in the application for such certificate; (3) been guilty of fraudulent or dishonest practices; or (4) demonstrated his incompetency or untrustworthiness. (b) Before revoking or suspending any such certificate, the superintendent shall give to the person and the employer of the person named in such certificate notice of hearing as specified in this chapter. S 2205. Prohibitions. (a) It shall be unlawful for any officer or employee of a licensed insurer or of a savings bank, other than a duly licensed agent, as a part of his duties, to negotiate for applications or orders for life insurance or annuity contracts or to solicit or procure from the public such applications or orders in any office of any insurer or of any savings bank, without being certified pursuant to this article. (b) It shall be unlawful for any insurer or any savings bank to employ any uncertified person, as a part of his duties, to negotiate for applications or orders for life insurance or annuity contracts or to solicit or procure from the public such applications or orders in any office of the insurer or bank. S 2206. Termination of services. (a) Every insurer or savings bank shall, upon the termination of the services of any officer or employee certified under this article, forthwith file with the superintendent a statement, in such form as the superintendent prescribes, of the cause and facts relative to such termination. The certificate issued or reasonable proof of loss acceptable to the superintendent shall accompany such statement. (b) Every statement made pursuant to this section shall be a privileged communication. S 2207. Transfer. The superintendent is authorized to transfer the certification of any person issued pursuant to this article from one insurer or savings bank to another insurer or savings bank, without examination. S 2208. Misleading statements. Every person who has been certified pursuant to the provisions of this article shall be subject to sections two thousand one hundred twenty-two, two thousand one hundred twenty-three and two thousand one hundred twenty-seven of this chapter. S 2209. Stay or suspension of superintendent`s determination. The commencement of a proceeding under article seventy-eight of the civil practice law and rules, to review any action by the superintendent in issuing or in refusing to issue, or in suspending or revoking, or in refusing to suspend or revoke, any certificate under this article, shall stay such action of the superintendent for a period of thirty days. Such stay shall not be extended for a longer period unless the court shall determine, after a preliminary hearing of which the superintendent is notified forty-eight hours in advance, that a stay of the superintendent`s action pending the final determination or further order of the court will not unduly injure the interests of the people of the state.