TITLE 33 INSURANCE

Section 23. Licensing, 33-23-1 through 33-23-205.

ARTICLE 1 AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS

33-23-18. Issuance of license on biennial basis; filing for renewal; continuing education requirements; transition from annual renewal to biennial renewal.

1. All resident agent, limited subagent, adjuster, and counselor licenses, with the exception of temporary or probationary licenses, shall be issued on a biennial basis and shall expire on the last day of the licensee's birth month, except as provided in subsection (c.1) of this Code section.
2. Resident agent, limited subagent, adjuster, and counselor licenses may be renewed upon receipt by the Commissioner of evidence of such continuing education as the Commissioner may establish by rule or regulation and payment of such fees as are provided by law.
3. Renewal of the license on forms prescribed by rule or regulation must be made prior to the last day of the licensee's birth month and biennially thereafter, except as provided in subsection (c.1) of this Code section.
4. Continuing education requirements imposed by the Commissioner pursuant to this Code section shall not exceed 15 classroom hours for each licensed individual who has held a license for less than 20 years during the year. For those individuals who have held a license for 20 years or more, the requirement shall be no more than ten classroom hours during the year. However, the Commissioner may provide by rule or regulation for continuing education requirements on a biennial basis.
5. Any individual who has been licensed as an agent for ten consecutive years or more and who does not perform any of the functions specified in paragraph (3) of subsection (a) of Code Section 33-23-1 other than receipt of renewal or deferred commissions shall be exempt from continuing education requirements; provided, however, that if such individual wishes to again perform any of the other functions specified in said paragraph, such individual must obtain approval from the Commissioner and comply with the requirements of this chapter, including without limitation the requirements for continuing education. The Commissioner may provide, by rule or regulation, for any other exemption to or reduction in continuing education required under this Code section.
6. Every individual required to participate in a continuing education program pursuant to this Code section, or such individual's insurer, shall furnish the Commissioner such information as the Commissioner deems necessary to verify compliance with the continuing education requirements.
7. The Commissioner by rule or regulation may establish the following:
   1. Staggered deadlines for the filing of forms for renewal of licenses and the corresponding required fees; and
   2. Penalties and procedures for licensees who fail to comply with subsection (c) of this Code section.

(c.1)All licenses that expire on December 31, 2012, shall be transitioned to a biennial term and shall expire on the last day of the licensee's birth month, provided that, during the transition, the Commissioner may, as provided by rule or regulation, renew such licenses for a term greater or shorter than the biennial term and may prorate the license renewal fees.

(Code 1981, §33-23-18, enacted by Ga. L. 1992, p. 2830, § 1; Ga. L. 1996, p. 705, § 11; Ga. L. 2001, p. 925, § 1; Ga. L. 2005, p. 60, § 33/HB 95; Ga. L. 2008, p. 1076, § 9/SB 113; Ga. L. 2011, p. 623, § 3/SB 251; Ga. L. 2012, p. 37, § 2/HB 477.)

The 2011 amendment, effective May 12, 2011, added ", except as provided in subsection (h) of this Code section" at the end of subsection (c); added the last sentence of subsection (d); and added subsection (h).

The 2012 amendment, effective March 22, 2012, in subsection (a), substituted "biennial basis and shall expire on the last day of the licensee's birth month, except as provided in subsection (c.1) of this Code section" for "continuous basis"; in subsection (b), substituted "Resident" for "Such resident" at the beginning and substituted "renewed" for "continued" near the middle; substituted the present provisions of subsection (c) for the former provisions, which read: "Filings for continuation of the license on forms prescribed by rule or regulation must be made prior to the first December 31 following the initial issuance of the license and every December 31 thereafter, except as provided in subsection (h) of this Code section."; added subsection (c.1); in subsection (d), deleted "calendar" preceding "year" in the first and second sentences; in subsection (f), substituted "Code section, or" for "Code section shall furnish or" and inserted a comma following "insurer" near the middle; in paragraph (g)(1), substituted "renewal" for "continuation"; and deleted former subsection (h), which read: "The Commissioner by rule or regulation may provide for the transition from annual renewal to biennial renewal of licenses issued under this Code section by staggering the renewal periods in 2012 and 2013. Certain licenses may be required to renew one year at one-half the biennial fee provided in Code Section 33-8-1."