1. (a)

   1. (1)

      1. (A) Instructors must have had specific insurance training or educational experience satisfactory to and approved by the Insurance Commissioner in order to be certified to teach any part of an approved course.
      2. (B) Each instructor must:

2. (i) Have three (3) or more years of specific insurance experience and/or education in each part of the insurance training program in which he or she instructs; and

   1. (ii) Be approved prior to teaching any course, or any part of a course, by the commissioner.
   2. (2) Individuals who will act as an electronic education instructor/proctor of electronic education courses must have the same credentials as a classroom instructor as provided by this part.

   3. (3) Proctors or instructors must be a disinterested third party and shall not serve for examinations of:

      1. (A) Family members;
      2. (B) Relatives;
      3. (C) Dependents;
      4. (D) Employers;
      5. (E) Supervisors;
      6. (F) Employees;
      7. (G) Subordinates;
      8. (H) Partners;
      9. (I) Joint ventures;
      10. (J) Co-owners;
      11. (K) Current or former teachers or pupils;
      12. (L) Neighbors;
      13. (M) Personal friends;
      14. (N) Significant others; or
      15. (O) Anyone in whom the proctor or instructor has an economic or other interest in ensuring the successful outcome of the examination.
   4. (4) Applicants for approval as a classroom instructor or electronics course instructor/proctor shall complete and submit Appendix 4 to the State Insurance Department.

3. (b)

   1. (1) No person will be approved as an instructor/proctor who has received disciplinary action by:

      1. (A) The State Insurance Department;
      2. (B) The insurance department of another state;
      3. (C) Any regulatory or governmental body; or
      4. (D) A state or federal court.
   2. (2) The commissioner shall have the authority to waive this requirement upon written request by the applicant.

   3. (3) The applicant shall have the burden of proving his or her qualifications to the commissioner to meet eligibility for serving as an instructor or proctor.

      1. (c)
   4. (1) This part prohibits the provider's officials, owners, instructors, or proctors from taking the licensing exam for the purpose of learning test questions in order to aid the provider's customers or to improve a provider's pass-fail rate.
   5. (2) Any such entity or person discovered to have done this will lose State Insurance Department approval to participate in the prelicensure education program under this part, in addition to any other applicable penalties.

   6. (3) An individual who acts as a proctor may take the exam to obtain an individual producer's license for their own benefit.

      1. (d) This part authorizes the State Insurance Department to compare the end-of-course examinations with State Insurance Department examination results at any time, without prior notice to:
   7. (1) The course provider;
   8. (2) Its owners or managers;
   9. (3) Instructors; or
   10. (4) Proctors.

Codification Notes: Appendix 4 is found on the website of the State Insurance Department, at https://insurance.arkansas.gov/pages/industry-regulation/licensing/forms-instructions/ or by contacting the Licensing Division at 501-371-2750.