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Utah Insurance

Request for Written Consent to Engage in Business of Insurance

See also Utah Administrative Code Rules R590-278 & R590-281

Pursuant to the 1994 Violent Crime Control Act, 18 U.S.C. § 1033, a person who has a felony conviction involving dishonesty or a breach of trust on record cannot engage in the business of insurance without first obtaining written consent of the insurance commissioner. Under the federal law, a ‘conviction’ for purposes of this prohibition from engaging in insurance, includes cases where there is an admission of guilt, followed by a deferred judgement where the charges are then dismissed, such as with a plea in abeyance agreement. Please be aware of the following required process for requesting this consent.

A request for the commissioner’s written consent to engage or participate in the business of insurance is initiated by filing a request for agency action. To make the request, please complete the Request for Agency Action form and send it to uidadmincases@utah.gov. After the form is received, you will be notified about the next step in the process.

Written consent will be granted if, in the commissioner’s sole discretion, a preponderance of the evidence shows that you are trustworthy to engage or participate in the insurance business. The following are relevant to that determination:

  1. Any materially false or misleading statement or omission in the request for agency action;
  2. The nature, severity, and number of the petitioner’s crimes;
  3. The petitioner’s age at the time the crimes were committed;
  4. The petitioner’s punishment for the crimes;
  5. The length of time since the petitioner’s most recent conviction;
  6. The petitioner’s rehabilitation, including evidence of counseling, community service, completion of probation, and payment of restitution, fines, and interest if applicable;
  7. Current reference letters;
  8. The presence of any fact or circumstance in the petitioner’s current life that may have motivated the petitioner to commit crime in the past;
  9. Any unpaid judgment;
  10. If the petitioner intends to apply for an insurance license, the duties of a holder of that type of license;
  11. The extent to which the petitioner, if granted a license, will work under the supervision of another licensee or another person;
  12. The petitioner’s trustworthiness in employment, community service, or other endeavors since the most recent conviction;
  13. Information received from the National Association of Insurance Commissioners and any insurance regulatory official;
  14. Whether the petitioner has had any occupational or professional licenses, certifications, or designations revoked and, if so, the basis for the revocation; and
  15. Whether the petitioner has previously requested written consent in any jurisdiction and, if so, the outcome of that request.

Feel free to contact the Producer Licensing Division at (801) 538-3855 should you have any questions.