1. (a) Any exemption or extension granted to a licensee under subsections (b) - (f) of this section shall apply to all license types held by the licensee. Nothing within this subchapter shall be construed as preventing the department from auditing a licensee to confirm the continued existence of circumstances supporting the exemption or extension.
2. (b) Agents holding a Texas license issued under Insurance Code Articles 21.07-1, as Group I, legal reserve life insurance agents and general lines - life, accident and health insurance agents; 21.07-3, as managing general agents; and/or 21.14, as local recording agents, solicitors, general lines - property and casualty agents, and insurance service representatives, for at least 20 years or more as of December 31, 2002, are exempt from the requirements of this subchapter. Agents shall register and confirm that they qualify for this exemption by submitting a written request to the department indicating that they have met the longevity requirement. Agents must satisfy the continuing education requirements through the end of the 20th year of licensure. The number of credit hours for the final reporting period is calculated at the rate of one hour for each whole month between the last renewal date and the effective date of the exemption. Agents that have previously qualified for the longevity exemption authorized under the Insurance Code as in effect prior to September 1, 2001, shall remain qualified and do not have to reapply for this exemption.
3. (c) Licensees who on or after January 1, 2003, have been continuously licensed by the department for at least 20 years may apply for an exemption from the requirements of this subchapter. For purposes of this subsection "continuously licensed" means that the licensee has held a department-issued license for the entire period of time without any lapse in excess of 90 days in which the licensee was not licensed or failed to renew a license. Licensees shall apply for this exemption by submitting a written request to the department indicating that they have met the longevity requirement. Licensees must satisfy the continuing education requirements through the end of the 20th year of licensure. The number of credit hours for the final reporting period is calculated at the rate of one hour for each whole month between the last renewal date and the effective date of the exemption.

4. (d) Nonresident licensees who are in compliance with their resident state's continuing education requirements shall be exempt from this subchapter. Licensees shall qualify for this exemption based on the state of residence claimed in the licensee's initial application or by sending written notification to the department or its designee stating that the licensee is a resident of another state with a certificate of good standing, or by sending any other document acceptable to the department, showing that the licensee has a resident license in good standing in that state. A nonresident licensee that becomes a resident of Texas between renewals of the Texas license shall:

   1. (1) be immediately subject to the continuing education requirements set forth in this subchapter;
   2. (2) complete a prorated continuing education schedule as required in §19.1003(e) of this title (relating to Licensee Requirements); and
   3. (3) not count hours completed prior to becoming a Texas resident towards completion of the prorated continuing education requirement.

5. (e) Licensees who meet the criteria of illness, medical disability, or circumstances beyond the control of the licensee may apply for an extension of time to complete their continuing education requirement or a waiver, in whole or in part, of the continuing education requirement. Business reasons do not constitute circumstances beyond the control of the licensee. The department shall establish the duration of the extension when it is granted. If the circumstances supporting the extension continue beyond the granted extension period, the licensee may reapply for an extension. The licensee must request the extension prior to the end of the reporting period for which it applies and must include at least the information set forth in paragraphs (1) - (6) of this subsection:

   1. (1) Statement of the exact nature of the illness, medical disability or other extenuating circumstances beyond the control of the licensee that have prevented or will prevent the licensee from completing the required hours within the two year reporting period.
   2. (2) Evidence in the form of medical reports from attending physician(s) and insurance claims regarding the illness or medical disability of the licensee or evidence through insurance claims and/or other documentation as determined regarding circumstances beyond the control of the licensee.
   3. (3) Assessment of the condition of the licensee whether it is temporary, permanent or unknown.
   4. (4) Statement as to whether the licensee will or will not be able to perform activities including any acts of an agent or adjuster.
   5. (5) Estimated date when the licensee will be able to perform any activities including any acts of an agent or adjuster in accordance with the medical reports or other documents pertaining to circumstances beyond the control of the licensee.
   6. (6) Any other information that may be requested by the department.

6. (f) Licensees called to active military service in a combat theater, as provided for in Insurance Code Article 1.10-1, may apply to the department for an exemption from or an extension of time for meeting the continuing education requirements or extending their license renewal. The licensee must request the exemption or extension prior to the end of the reporting period for which it applies and must include:

   1. (1) a copy of the order to active duty status, service in a combat theater, or other positive documentation of military service that shall prevent the licensee from compliance;
   2. (2) a clear request for either an extension or exemption, or both;
   3. (3) the expected duration of the assignment;
   4. (4) and any other information the licensee believes may assist the department or that the department requests on a case by case basis.
7. (g) Any individual who qualifies as specified in Insurance Code Article 21.07-1 §5B is exempt from the continuing education requirements in this subchapter.

Source Note:The provisions of this §19.1004 adopted to be effective May 27, 1994, 19 TexReg 3697; amended to be effective January 10, 1997, 22 TexReg 49; amended to be effective January 6, 2003, 28 TexReg 75.