(a) In order to make a determination of insurance producer license eligibility, the commissioner is authorized to require fingerprints of initial resident applicants for an insurance producer license and to submit the fingerprints and the fee required to perform the criminal history record checks to the Alabama Department of Public Safety and the Federal Bureau of Investigation (FBI) for state and national criminal history record checks.
(b) The commissioner shall require a criminal history record check on each initial resident applicant for insurance producer license in accordance with this section. The commissioner shall require each applicant to submit a full set of fingerprints, including a scanned file from a hard copy fingerprint, in order for the commissioner to obtain and receive national criminal history records from the FBI Criminal Justice Information Services Division.
(c) The commissioner may contract for the collection, transmission, and resubmission of fingerprints required under this section. If the commissioner does so, the fee for collecting, transmitting, and retaining fingerprints shall be payable directly to the contractor by the applicant. The commissioner may agree to a reasonable fingerprinting fee to be charged by the contractor and both the contractor's fee and the fee required to perform the criminal history check shall be collected from the applicant by the contractor.
(d) The commissioner is authorized to receive criminal history record information in lieu of the Alabama Department of Public Safety that submitted the fingerprints to the FBI.
(e) The commissioner shall treat and maintain an applicant's fingerprints and any criminal history record information obtained under this section as confidential and shall apply security measures consistent with the Criminal Justice Information Services Division of the Federal Bureau of Investigation standards for the electronic storage of fingerprints and necessary identifying information and limit the use of records solely to the purposes authorized in this section. The fingerprints and any criminal history record information shall not be subject to subpoena, other than one issued in a criminal action or investigation, and shall be confidential.
(f) As used in this section, initial resident applicant means an initial home state license and an additional line of authority under an existing home state license where a criminal history record check has not been obtained.
(g) This section shall not apply to limited lines producers as defined in Section 27-7-1.
(h) The commissioner may promulgate reasonable regulations as are necessary or proper to carry out the purposes of this section in accordance with Chapter 2 of this title. The commissioner may by regulation provide for the delayed enforcement of this section for up to 24 months following April 8, 2014, to allow for implementation.
Structure Code of Alabama
Chapter 7 - Property, Casualty and Surety Insurance Representatives.
Section 27-7-2 - Applicability of Chapter.
Section 27-7-3 - Applicability of Provision on Insurance Vending Machines.
Section 27-7-4 - Licenses - Requirement; Forms.
Section 27-7-4.1 - Licenses - Required to Receive Payment, Etc.
Section 27-7-4.2 - Licenses - Applicability to Insurance Producer.
Section 27-7-4.3 - Licenses - Insurance Producer Examination.
Section 27-7-4.4 - Fingerprints.
Section 27-7-5 - Licenses - Qualifications.
Section 27-7-5.1 - Licenses - Limited License for Motor Vehicle Rental Companies.
Section 27-7-5.2 - Licenses - Limited License for Travel Insurance Producers.
Section 27-7-5.3 - Licenses - Limited License for Self-Service Storage Facility.
Section 27-7-6 - Licenses - Artificial Entities.
Section 27-7-7 - Licenses - Application - Generally; Fees.
Section 27-7-8 - Licenses - Application - Statement of Appointing Insurer for Agent.
Section 27-7-9 - Licenses - Application - Statement of Appointing Agent or Broker for Solicitor.
Section 27-7-10 - Licenses - Examination - Scope; Notification; When Given.
Section 27-7-10.1 - Licenses - Examination - Waiting Period for Person Failing Two Examinations.
Section 27-7-11 - Licenses - Examination - Study Materials; Contents; Conduct; Grading.
Section 27-7-12 - Licenses - Examination - Renewal or Continuation.
Section 27-7-13 - Licenses - Examination - Exemptions; Exception.
Section 27-7-14 - Licenses - Examination - Consultations With Experienced Persons.
Section 27-7-14.1 - Licenses - Lines of Authority; Renewal.
Section 27-7-15 - Licenses - Issuance or Refusal.
Section 27-7-16 - Licenses - Reapplication or Reexamination Upon Denial; Fees Therefor.
Section 27-7-17 - Licenses - Contents; Centralized Producer License Registry.
Section 27-7-18 - Licenses - Continuation and Expiration; Exception.
Section 27-7-19 - Licenses - Penalties.
Section 27-7-20 - Licenses - Proceedings to Suspend or Revoke.
Section 27-7-21 - Licenses - Notice of Refusal to Renew or of Suspension or Revocation.
Section 27-7-22 - Licenses - Return for Cancellation; Affidavit in Lieu Thereof.
Section 27-7-23 - Temporary License - Generally.
Section 27-7-24 - Temporary License - Pending Examination of Agent.
Section 27-7-25 - Temporary License - Agent Properly Licensed in Another State.
Section 27-7-28 - Nonresident Agents or Brokers - License Generally.
Section 27-7-29 - Nonresident Agents or Brokers - Service of Process.
Section 27-7-29.1 - Exemptions for Individuals Licensed in Other State.
Section 27-7-29.2 - Notification of Assumed Name.
Section 27-7-30 - Appointment of Producer - Generally.
Section 27-7-30.1 - Appointment of Producer - Notification of Termination.
Section 27-7-30.2 - Liability for Disclosure of Information, Etc.
Section 27-7-30.3 - Confidentiality and Disclosure of Information.
Section 27-7-30.4 - Failure to Report, Etc.
Section 27-7-31 - Rights of Agent Following Termination of Appointment; Exception.
Section 27-7-32 - Place of Business; Display of License.
Section 27-7-34 - Placing of Insurance by Producer Not Appointed.
Section 27-7-35 - Division or Sharing of Commissions by Licensees.
Section 27-7-35.1 - Payment of Commission, etc., to Person Not Licensed.
Section 27-7-36 - Accounting for and Payment of Trust Funds by Licensees.
Section 27-7-37 - Complaints Against Licensees; Notice, Hearing, and Orders Thereon.
Section 27-7-38 - Privileged Information.
Section 27-7-39 - Reporting of Administrative Action, Etc.
Section 27-7-40 - Disposition of Fines.
Section 27-7-41 - Validity of Certain Licenses, Appointments.
Section 27-7-43 - Rules and Regulations Under Amendatory Act.
Section 27-7-44 - Rules and Regulations Governing Disclosure of Nonpublic Personal Information.