Ala. Admin. Code r. 482-1-146-.08

Current through Register Vol. 43, No. 1, October 31, 2024

Section 482-1-146-.08 - Limitations On Section 1033 Consent

(1) The Commissioner may impose reasonable conditions or terms on a Section 1033 consent, including a condition that the consent is temporary. A subsequent violation of any such conditions or terms may cause the Commissioner, in his or her discretion, to cancel or withdraw the Section 1033 consent and, in the case of a consent granted to a licensee, may result in other administrative action by the Department.

(2) Whether or not specifically provided in the Section 1033 consent, every Section 1033 consent granted by the Commissioner is conditioned upon the accuracy, truth, and veracity of the criminal history disclosure form and all supporting documentation or information provided by an individual. The Commissioner reserves authority to cancel or withdraw a Section 1033 consent if it is subsequently demonstrated that the individual receiving the consent made materially false or misleading statements, provided false or misleading documents or written information, or failed to disclose information material to the question of whether a Section 1033 consent should have been initially granted.

(3) Whether or not specifically provided in the Section 1033 consent, every Section 1033 consent granted by the Commissioner is conditioned upon the recipient of the consent not being convicted of a felony after the consent issues and during the time of its effectiveness. The Commissioner reserves authority to cancel or withdraw a Section 1033 consent if the recipient is subsequently convicted of a felony.

(4) Unless otherwise specifically provided in the Section 1033 consent itself, a Section 1033 consent shall be limited in effect to the specific employment or contractual position for which granted.

(5) An individual who has been granted a Section 1033 consent for the purpose of employment by or affiliation with a Section 1033 insurer in a non-licensed capacity must advise the Department about any change in the individual's position or material change in the scope of the individual's duties or responsibilities. The Department, in its discretion, may require the individual to request a new Section 1033 consent and/or to provide additional information.

(6) A Section 1033 consent alone does not authorize the recipient to lawfully engage in any actions for which a license is required.

Ala. Admin. Code r. 482-1-146-.08

New Rule: June 11, 2009; effective July 1, 2009. Filed with LRS June 12, 2009. Rule is not subject to the Alabama Administrative Procedure Act.

Author: Commissioner of Insurance

Statutory Authority:Code of Ala. 1975, § 27-2-17.