Office of the Attorney General

Governor Matthew H. Mead Attorney General Peter K. Michael

Civil Division Kendrick Building

2320 Capitol Avenue Cheyenne, Wyoming 82002 307-777-7886 Telephone

307-777-3687 Fax

Chief Deputy Attorney General John G. Knepper

Division Deputy

Ryan Schelhaas

STATEMENT OF PRINCIPAL REASONS

Until this year, insurance agents licensing was governed by a Board of Insurance Agent’s Examiners. In the 2017 legislative session, the Legislature abolished the Board and gave licensing authority to the Insurance Commissioner. 2017 Wyo. Sess. Laws 8-10. Though they lack any statutory authority, the Board’s rules remain part of Wyoming’s administrative code. The Attorney General has the authority to repeal rules originally promulgated by agencies that no longer exist. Wyo. Stat. Ann. § 16-3-102(e). Accordingly, the Attorney General proposes a full repeal of the Board of Insurance Agent’s Examiners rules.

In addition to furthering transparency by repealing ineffective rules, this action will reduce the total size of Wyoming’s administrative code by six chapters.

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CHAPTER I

ORGANIZATION

REPEALED

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RULES AND REGULATIONS

of the

WYOMING STATE BOARD

of

INSURANCE AGENT’S EXAMINERS

CHAPTER I

ORGANIZATION

REPEALED Section 1. Authority. In order to have a regular form of procedure and a definite plan of

operation in the acts of the Wyoming State Board of Insurance Agent’s Examiners, these Rules and Regulations are formed as required by Section 3, Chapter 234 of the Session Laws of Wyoming, 1961, with proper provision for amendments from time to time as may be necessary. Section 2. Name. As set forth in Section 1,1 Chapter 234 of the Session Laws of Wyoming, 1961, the name of this Board shall be “The Wyoming State Board of Insurance Agent’s Examiners” and shall be hereinafter referred to as the Board.

Section 3. Seal. The Board shall have an official seal which shall be as follows: An embossed seal 1-7/8 inches in diameter consisting of two concentric circles, the outer being 1-7/8 inches in diameter and the inner being 1-5/16 inches in diameter. The space between the two circles to contain the words, “The Wyoming State Board of Insurance Agent’s Examiners”. The inner circle to contain the word, “SEAL”. This seal shall be used on all official business documents of the Board.

Section 4. Meetings. There shall be one regular annual meeting which shall be held the second Monday in June of each year. (As amended June 3, 1963.)

Special meetings may be held at the call of the President or at the call of the majority of the members of the Board at such times and places as designated in said call.

Section 5. Election of Officers. The President 2 a Vice-President and a Secretary-Treasurer shall be elected by the Board at the annual meeting. The Secretary-Treasurer shall be the same person. The officers shall hold office until the next annual meeting. Section 6. Office of the Board. The office of the Board shall be the office of the Wyoming Insurance Department. (As amended June 3, 1963.)

Section 7. Treasury. The Treasury shall be the Treasury of the State of Wyoming in accordance with the laws of the State.

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Section 8. Compensation. The members of the Board shall receive a salary of $10.00 for each day during which they shall be actually engaged in the discharge of their duties 2 when funds therefor are available. The Board shall pay the Secretary-Treasurer compensation of $100.00 per year for the time spent by him in the accounting and clerical work of the Board 2 when funds therefor are available. Proc- tors shall receive a fee of $3.00 for giving an examination on one type or kind of insurance transaction (section) in one day regardless of the number of applicants taking said examination, and $2.00 for giving an examination on each additional type or kind of insurance transaction (section) in said day, not to exceed $10.00 in any one day. (As amended June 3, 1963.)

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CHAPTER II

DUTIES OF OFFICERS

REPEALED

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CHAPTER II

DUTIES OF OFFICERS

REPEALED

Section 1. President. The President shall, when present, preside at all meetings, appoint all Committees subject to confirmation of the Board, sign all certificates issued, sign all vouchers, and perform all other duties pertaining to his office as hereinafter prescribed.

Section 2. Vice-President. The Vice-President shall perform all of the duties prescribed for the President in the absence of the President.

Section 3. Secretary-Treasurer. The Secretary-Treasurer shall., with the assistance of such clerical help as may be required, conduct and care for all the correspondence of the Board, keep the minutes of all the meetings, keep all books and records as herein or hereinafter provided, and shall sign all certificates issued. He shall be in possession of the official seal and shall affix the same to all certificates and other official documents by order of the Board. He shall provide due notice of the time and place of all meetings of the Board to each member of the Board. He shall annually, immediately after the 30th of November, prepare the annual report of the Board as required by law and shall cause the same to be distributed as the Board may direct. He shall receive all moneys payable to the Board and deposit them with the Treasurer of the State, taking his receipt therefor.

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CHAPTER III

PROCEDURE

REPEALED

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CHAPTER III

PROCEDURE

REPEALED

Section 1. Order of Business

a. Call to order

b. Reading of the minutes

c. Matters regarding applicants for examinations

d. Matters regarding examinations

e. Reading of Committee and other reports

f. Reading of Communications

g. Unfinished business

h. New business

i. Election of officers

j. Adjournment

Section 2. Voting. A majority of the Board shall constitute a quorum.

Section 3. Finance. All moneys shall be paid out as provided by the laws of the State. All

vouchers shall be signed by the President and the Secretary of the Board, and the Secretary shall then present them to the State Auditor for payment. The Auditor’s warrants shall be returned to the Secretary for recording in the financial record of the Board and the Secretary shall then distribute them.

Section 4. Books and Records. The following books and records shall constitute the official

books and records of the Board:

a. Individual file envelopes or folders for each applicant to contain his examination paper, proctor’s report on his examination and other papers pertaining to him. It shall reflect examinations taken by him, grades received and certifications made as to him.

b. Journal containing a chronological history of proceedings and actions taken by and on

behalf of the Board in connection with examinations.

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c. Examination file containing copies of approved examinations and examination questions to be furnished proctors.

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d. Minute Book containing in proper order the minutes of the Board.

e. Cash Book showing receipts and disbursements.

f. Receipt Book containing copies of receipts for money received.

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CHAPTER IV

EXAMINATIONS KINDS AND TYPES

REPEALED

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CHAPTER IV

EXAMINATIONS

KINDS AND TYPES

REPEALED Section 1. Separate examinations shall be given to applicants wishing to qualify for the following

types or kinds of insurance transactions:

a. Life Insurance and Annuities b. Accident and Health c. Automobile Physical Damage, including

(1) Comprehensive (fire, theft, combined additional. ) (2) Collision (3) Towing and Road Service

d. Liability (automobile) e. Fire and Allied Lines f. General Casualty g. Surety h. Title i. Livestock and Crop Hail j. Aviation

For convenience, the types or kinds of insurance transactions can be referred to by number as above

assigned.

MANUAL

Section 2. The Board shall from time to time make, select and designate the questions to be considered in said examinations. It shall cause the questions, together with the answers thereto, to be published in a printed manual. The manual shall be made available to applicants for the nominal price of $3.00, plus tax and mailing charge where required. From said question, the Board shall, from time to time 2 select and prepare said examina- tions. It shall also at the same times prepare an answer chart for said examinations which shall contain the answers to the examination questions for use of the graders.

PROCTORS

Section 3. The Board shall select and designate sufficient proctors to administer the examination to

applicants. The Board shall select and designate sufficient graders to grade the examinations under its direction and in accordance with its answer chart.

PLACES AND TIMES

Section 4. An opportunity shall be afforded for each applicant to take examinations at the county seat on

the first Tuesday of each month and at the Insurance Commissioner’s office in Cheyenne on each Tuesday. If the date scheduled for an examination be a legal holiday, said examination shall be given on the next day.

APPLICATIONS

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Section 5. Any person wishing to take an examination shall make application therefore on the approved

form (See Appendix A). The application shall be submitted to the Board together with the $10.00 examination fee (checks payable to Board). The Board shall then notify the applicant and the designated proctor of the time and place for examination and shall furnish the proctor with the examination questions. The proctor will adminis- ter the examination in accordance with directions of the Board and will thereafter return all papers to the Board, together with his report on the examination (See Appendix B).

GRADING

Section 6. All examination papers shall be graded immediately by a member of the Board or a grader

under direction of the Board and in accordance with the answer chart prepared by the Board.

PASSING GRADES

Section 7. The Board shall notify each applicant of the grade he received. A grade of 75% proficiency is required to pass the examination. The Board shall immediately certify to the Insurance Commissioner the name of each applicant passing an examination, together with the type and kind of insurance with which he intends to concern himself (See Appendix C).

RE-EXAMINATION

Section 8. There is no limit on the number of times an applicant may retake an examination, but he must

pay a $10.00 examination fee for each time he takes the examination.

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CHAPTER V

HEARINGS FRAUD OR DECEPTION

REPEALED

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CHAPTER V

HEARINGS

FRAUD OR DECEPTION

REPEALED Section 1. If information comes to the attention of any Board member which indicates that fraud

or deception was involved in any application for a license or in the passage of any examination given by the Board, he shall place the information before the Board at the next meeting of the Board. The Board shall thereafter obtain and receive evidence on the matter in the form of affidavits or sworn testimony and shall therefrom determine whether or not the information is correct. If the Board finds that fraud or deception was involved in the application for a license or in the taking of the examination, the Board shall refuse to certify for any license to the person using or engaging in said fraud or deception; and, if a license has theretofore been issued to said person, the Board shall revoke said license. Thereafter the Board.shall certify the action taken to the Insurance Commissioner.

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CHAPTER VI

EFFECTIVE DATE AND AMENDMENTS

REPEALED

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CHAPTER VI

EFFECTIVE DATE AND AMENDMENTS

REPEALED

Section 1. Effective Date. These Rules and Regulations shall be in full force and effect from and

after their passage by a unanimous vote of the Board at any regular meeting.

Section 2. Amendments. These Rules and Regulations may be amended at any regular meeting of the Board by a regular vote, provided a copy of the proposed amendment shall have been given to each member of the Board at least ten days prior to the date of the meeting at which they are to be considered, or without such notice at any regular meeting where there is a full attendance of the mem- bers of the Board, and with the unanimous vote of the Board.

The above Rules and Regulations were adopted by unanimous vote of the Board on the 9th day

of Oct, 1961.

Board M

Board Member

Board Member

Board Member

Board Member

APPLICATION FOR INSURANCE EXAMINATION AND LICENSE

to the BOARD OF INSURANCE AGENT’S EXAMINERS AND INSURANCE COMMISSIONER

of the STATE OF WYOMING

NOTICE: A fee of $10.00 must accompany this application as required by the Wyoming Statutes. Checks and Money Orders must be made payable to: “State Board Of Insurance Agent’s Examiners.” Mail applications and checks to: “STATE BOARD OF INSURANCE AGENT’S EXAMINERS

STATE OFFICE BUILDING, CHEYENNE, WYOMING”

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For the purpose of securing a license as an Insurance Agent in the State of Wyoming, I submit the following statement and answers to questions contained herein. NOTICE: Application must be filled out in applicant’s own handwriting.

1. Full Name of Applicant First Middle Last

2. Marital Status................ Age —————-- How long Resident in Wyoming? —————————————— —————————————————-

3. Resident Address ——————————————————————————————————————— ——————————————— How long?.................... —- Street

Town

4. Business Address ——————————————————————————————————————— ——————————————— How long? ........................ Street

Town

5. Previous Residence ————————————————————————————————— ——————————————————— How long? ........................ Town

State

6. State occupation during post five years next preceding the date of this application, giving various em- ployment in chronological order including present employment and name of present employer and his address; if engaged in business for yourself, give address during that time.

OCCUPATION AND/OR PAST FIVE EMPLOYER’S NAME & ADDRESS & NATURE POSITION HELD YEARS OF BUSINESS, OR THAT OF YOURSELF

FROM TO FROM TO FROM TO FROM TO FROM

I TO

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7. Will you devote all of your efforts to acting as on insurance agent? ———————————— —————————————————————If answer is, “NO,” what percentage of time will be devoted to insur- ance? —————————————————————————What will be nature of other work? ———————————————————————————————————————— ————————————————————-

8. Hove you had insurance experience or training? State extent ..........................................................................................................................................................................................

9. Do you now or hove you ever represented any insurance company?

Name companies: —————————————————————————————————————— ——————————————————————————————————————List states where you have held licenses: 10. Do you now hold an active or current Resident Agent’s license from any other State? —

———————————————

11. Has any request for insurance license been refused, or has a license been suspended or revoked? ——————If so, relate circumstances: ———————————————————————— ————————————————————————————————————————————— ————————————————————————————————————————————— ————————————————————————————————————————————— ——

Insurance Department? Name of State

Form No. 200 -1-

12. Does any insurance company, general or branch insurance agent claim any indebtedness under an agency contract or otherwise and, if so, the name of the claimant, the nature of the claim and the applicant’s

defense thereto: —————————————————————————————————————————— ——————————————————————————————————————————————————— —1 3. Do you understand that it is illegal to rebate, twist policies, misrepresent policy conditions or the standing of your own or other companies? ————————--

14. Do you understand that is unlawful to hold a license for the principal purpose of effecting insurance upon your own property or life of those of your employer? —————————

15. Do you, the applicant, understand that you are not to solicit any application for insurance until your Wyoming

Agent’s license is in your possession? —————————- NOTICE: If you have resided in the State for less than one year, give names of three persons with whom you

are acquainted for references:

——————————————————————————————————————————————————-- Name

Address

———————————————————————-—— —————————————————————————- Name

Address

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——————————————————————————————————————————————————-- Name

Address

I — —————————————————— hereby certify that I hove carefully reviewed this application and hove answered said questions to the best of my knowledge and ability and the answers are true.

————————————————————————- Signature of applicant

Signed and sworn before me this ——— day of ——————— A. D., 1 9—— S Notary Public in and for the County of ——————— State of —————-

E My commission expires —————————————

A

—————————————————— —————— Signature of Notary Public

We have investigated the character and background of the applicant and are satisfied that he is trustworthy and qualified to act as our agent and to hold himself out in good faith to the general public as an insurance agent, and that we desire the applicant be licensed as an insurance agent to represent us in the State of Wyoming.

————————————————————————- Company

By - ————————————————————————- Authorized Signature

Dated at ———————————— State of ——————————- this ——— day of ———————— 19 ——

It shall be the duty of the Commissioner to with-hold any license applied for or revoke any license issued to any agent or agency, when he is satisfied that the principal use of such license is to effect insurance upon the property or liability of such agent or agency, to evade the enforcement of the anti-rebate low, or that such applicant has not complied with or is not complying with all legal requirements relating to agent (Sec. 26-66 - 26-67, Wyoming Compiled Statutes, 1957)

Your attention is directed to the fact that a fee of $10.00 will be charged for each sitting for the insurance agents examination.

The examination will be divided into the following sections. Please check the section or sections in which

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you desire to be examined:

CLASSIFICATION ESTIMATED TIME FOR EACH SECTION

LIFE Section 1. ( ) Life &Annuities 30 min.

2. ( ) Accident & Health 30 min. GENERAL INSURANCE 3. ( ) Automobile Physical

Damage 30 min.

Comprehensive (Fire, Theft, Combined Additional Coverage) Collision

Towing and Road Service

4. ( ) Automobile Liability 30 min. 5. ( ) Fire & Allied Lines 30 min.

6. ( ) General Casualty

30 min.

7. ( ). Surety 30 min. 8. ( ) Title 30 min.

9. ( ) Livestock & Crop Hail 30 min. 10. ( ) Aviation —————————————I—————————— 30 —————————

——

THIS SPACE IS TO BE USED BY THE BOARD OF INSURANCE AGENTS EXAMINERS

APPLICANT’S NAME ————————————————————————————————— ————————- First

Middle

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Last

ADDRESS ————————————————————————————————————————————— ——- Street

Town

You are hereby advised that the examination to test your qualifications for a license to sell insurance in the State of Wyoming will be held at —————————————— on the ——— day of ———————— 1 9——

at —————————————

You are hereby requested to report to —————————————————————————————— ————at the specified address and time set forth in the above.

You will be notified of the results of the examination within a reasonable period of time.

STATE BOARD OF INSURANCE AGENTS EXAMINERS

Secretary-Treasurer

-N

D -910ONAN VICK PRESIDENT

ARCHIE W. SHAFER

SECRETARY-TREASURER

ATTILIO W. BEDONT. CLU PRESIDENT

STATE BOARD OF INSURANCE AGENT’S EXAMINERS P. 0. BOX 1112, CHEYENNE

PROCTOR’S REPORT

(Applicant’s Name)

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THOMAS HORN. JR. BOARD MEMBER

H. MAX HURSH

BOARD MEMBER was afforded the following examinations on

(Date)

at (Place)

(Check those given)

= 1 . Life and Annuities. =5. Fire and Allied Lines. = 2. Accident and Health. =6. General Casualty. =3. Automobile Physical Damage. = 7. Surety. =4. Liability (automobile) . =8. Title.

=9. Livestock and Crop Hail .

10.Aviation The following instructions were given to applicant and were followed by him:

I . Place correct answers in appropriate place on Answer paper. 2. Only the papers given to you by proctor are to be on your table or desk. 3. You are not to refer to any notes during examination and no notes are to be made during examina-

tion. 4. You are not to receive help from anyone else during examination, and there is to be no talking

during the examination. 5. The proctor is not allowed to explain or interpret the examination questions. Do the best you can

with them. All applicants have the same problems. 6. You must not leave the room until the examination is finished and the questions and answers re-

turned to the proctor. 7. Al I material must be returned to the proctor and by the proctor to the Board.

COMMENTS: (Note anything pertinent. If applicant failed to appear, so note)

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APPENDIX B

Proctor’s Signature

FROM THE BOARD OF INSURANCE AGENTS EXAMINERS

TO THE

INSURANCE COMMISSIONER

STATE OF WYOMING

THIS IS TO CERTIFY THAT............................................................... - - ————— - —— -

has satisfactorily passed a written examination set forth by Enrolled Act No. 149 emanating from the Senate of the 36th

Legislature of the State of Wyoming. The above is qualified to sell the following types of

BOARD OF INSURANCE AGENTS EXAMINERS

President

Secretary-Treasurer

Date: