Part 5 – South Dakota through Wyoming

This post is part of a series sponsored by AgentSync.

Having a criminal charge or conviction in one’s background can make things more difficult for a licensed insurance producer. However, it doesn’t always have to mean the end of a career, as long as you follow your state’s procedures for reporting the new history. It’s best to start with your resident state, but don’t forget to notify all states where you hold a nonresident license as well.

To help you fulfill your reporting obligations, we’ve created this state-by-state guide to how each state handles an already-licensed producer who needs to report new criminal charges, convictions, military convictions, or administrative actions. For a bit more background on the laws surrounding certain types of felonies, and how the Producer Licensing Model Act (PLMA) tries to standardize procedures across states, see Part One of this five-part series, which also covers the first 10 states.

How to renew my South Dakota insurance license after a criminal conviction

According to South Dakota Codified Laws Section 58-30-194:

“Within thirty days of the initial pretrial hearing date, an insurance producer shall report to the director any felony criminal prosecution of the insurance producer taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents.”

Source: https://sdlegislature.gov/Statutes/58-30-194

In addition to this reporting requirement, South Dakota Codified Laws Section 58-30-167 gives the director of the Division of Insurance authority to deny, suspend, revoke, or refuse to renew a producer’s license for various reasons, including:

• Being convicted of a felony
• Having a producer license denied, suspended, or revoked in another state

Further, South Dakota Codified Laws Section 58-30-193 provides guidance on reporting administrative actions.

“An insurance producer shall report to the director any administrative action taken against the insurance producer in another jurisdiction or by another governmental agency in this state within thirty days of the final disposition of the matter. This report shall include a copy of the order, consent order, or other relevant legal documents.”

https://sdlegislature.gov/Statutes/58-30-193

For reporting both criminal and administrative actions, South Dakota requires insurance producers to submit all relevant documents via the NIPR Attachments Warehouse – Reporting of Actions.

What about misdemeanors in South Dakota?

South Dakota requires producers to report all criminal prosecutions, including misdemeanors, within the 30-day timeframe. However, the state does make exceptions for:

• Minor traffic violations
• Speeding tickets
• Parking violations

For all other misdemeanors, producers should follow the same reporting requirements as they would for felonies.

What about nonresident producers seeking to renew their South Dakota license after a conviction?

South Dakota law doesn’t distinguish between resident and nonresident producers in terms of reporting requirements. Nonresident producers must follow the same procedures for reporting criminal prosecutions within 30 days. The state may consider the status of the producer’s resident state license when making determinations about the South Dakota nonresident license.

Does South Dakota grant 1033 waivers?

In the case of a South Dakota licensed insurance agent who requires a 1033 waiver, the state may grant one but also reserves the right to make decisions independent of any other state:

“The division may participate with the National Association of Insurance Commissioners and the insurance regulatory offices of other states regarding the issuance of waivers pursuant to 18 U.S.C. §§ 1033 and 1034 as amended to January 1, 1998. The issuance of a waiver by any state is not in any manner binding upon any licensing determination made or to be made by the division.”

https://sdlegislature.gov/Statutes/58-30-23.7

How to renew my Tennessee insurance license after a criminal conviction

Tennessee has established specific legal requirements for insurance producers who face criminal charges. According to Tennessee Code Annotated Section 56-6-119:

(a) A producer shall report to the commissioner any administrative action taken against the producer in another jurisdiction or by another governmental agency in this state within thirty (30) days of the final disposition of the matter. This report shall include a copy of any order entered or other relevant legal documents.

(b) Within thirty (30) days of the initial pretrial hearing date, a producer shall report to the commissioner any criminal prosecution of the producer taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents.

https://law.justia.com/codes/tennessee/title-56/chapter-6/part-1/section-56-6-119/

In addition to this reporting requirement, Tennessee Code 56-6-112, also known as the Tennessee Insurance Producer Licensing Act of 2002, gives the commissioner the ability to “place on probation, suspend, revoke or refuse to issue or renew a license…or levy a civil penalty” for a long list of reasons, including being convicted of a felony and violating any law or rule of another state’s insurance commissioner.

The Tennessee Department of Commerce and Insurance requires producers to submit all documentation for both criminal and administrative actions through the NIPR Attachments Warehouse – Reporting of Actions.

What about misdemeanors in Tennessee?

Tennessee requires reporting of all criminal prosecutions, including misdemeanors, within the 30-day timeframe. It’s unclear whether Tennessee exempts offenses such as traffic violations, so without further clarification, insurance producers should report all criminal prosecutions.

In addition, Tennessee Code 56-6-112 specifically states that for offenses more than 10 years before the date of an insurance license application, applicants don’t need to report misdemeanors or Class E felonies of which the applicant was charged but not convicted.

What about non-resident producers seeking to renew their Tennessee license after a conviction?

Tennessee applies the same reporting requirements to both resident and nonresident producers. All licensees must report criminal prosecutions within 30 days, regardless of where they occurred or whether the producer is a resident or nonresident.

Does Tennessee grant 1033 waivers?

Yes. The Tennessee “Application for written consent to engage in the business of insurance” also known as a 1033 waiver, can be found here. The application includes a fax number and email for the Tennessee insurance division, altough the state may also accept the application via the NIPR Attachments Warehouse.

How to renew my Texas insurance license after a criminal conviction

Texas Insurance Code Title 13, Subchapter F, Section A4001.252.A lays out the reporting requirements for both individual agents and licensed insurance entities:

An individual licensed as an agent shall notify the department on a monthly basis of:

• a change of the license holder’s mailing address;
• a felony conviction of the license holder; or
• an administrative action taken against the license holder by a financial or insurance regulator of this state, another state, or the United States

A corporation or partnership shall notify the department no later than the 30th day after the date of:

• a felony conviction of a licensed agent of the entity or an individual associated with the entity who’s required to file biographical information with the department;
• an event for which notification would be required under Section 81.003; or
• the addition or removal of an officer, director, partner, member, or manager.

This part of the law doesn’t specify how to notify the state, however we believe that using the NIPR Attachments Warehouse – Reporting of Actions will be adequate.

What about misdemeanors in Texas?

Texas law doesn’t mention misdemeanors, but that doesn’t necessarily mean you don’t have to report them. While most other states specify that producers must report “any criminal prosecutions”, Texas’s law calls out “felony convictions” in particular.

Still, we recommend contacting the Texas Department of Insurance at license@tdi.texas.gov to clarify if you’re unsure whether your specific circumstance requires reporting.

What about non-resident producers seeking to renew their Texas license after a conviction?

The Texas Insurance Code doesn’t differentiate between resident and nonresident producers, so we believe you should report your convictions to the state regardless. The good news is that if you’re a nonresident producer who uses the NIPR Attachments Warehouse – Reporting of Actions to submit your information to your resident state, all other states you’re licensed in will also be notified.

Does Texas grant 1033 waivers?

Yes. According to email correspondence with the Texas Department of Insurance, “Texas is a case by case state when reviewing backgrounds for potential agents and adjusters. There are some cases where a 1033 waiver form is necessary, but not all. If any documentation is needed by the application department such as charging paperwork, police reports, court documents or statements of what happened, the applications department will request it of the applicant.”

What this means for licensed agents reporting new information is, we believe, that if you follow the law and report any new felony convictions, the Department of Insurance will request additional information including a 1033 waiver form, if necessary.

How to renew my Utah insurance license after a criminal conviction

According to Utah Code Section 31A-23a-105, an insurance producer (or license applicant) must report to the commissioner:

• An administrative action taken against the person, including a denial of a new or renewal license application, including in another jurisdiction, by another Utah agency.
• A criminal prosecution taken against the person in any jurisdiction.
• A civil action filed against the person in any jurisdiction if it relates to conduct relating to a professional or occupational license, certification, authorization, or registration.

These reports must be filed within 30 days of the final disposition (for administrative actions) and within 30 days of the initial appearance before a court (for criminal prosecutions and civil actions). Additionally, reports must include a copy of the complaint or other relevant legal documents. All of this documentation should be submitted via the NIPR Attachments Warehouse – Reporting of Actions.

Does Utah grant 1033 waivers?

Yes. The Utah Insurance Department website has an extensive section regarding insurance producer applicants with criminal histories and the process for applying for a 1033 consent waiver in the state of Utah. In short, the procedure involves completing the Application for Written Consent to Engage in the Business of Insurance and submitting it electronically to 1033cmte@utah.gov.

What about misdemeanors in Utah?

Utah law doesn’t differentiate between felonies and misdemeanors, so licensed producers should proceed to report all new criminal charges and convictions, as well as administrative actions and civil actions.

What about non-resident producers seeking to renew their Utah license after a conviction?

Utah applies the same reporting requirements to both resident and nonresident producers. All licensees must report criminal prosecutions within 30 days, regardless of their residency status. In addition, Utah law states that licensed insurance agents must report to Utah “a revocation, suspension, or limitation of the person’s license in another state, the District of Columbia, or a territory of the United States” meaning, actions taken against a producer by one state may impact their Utah license as well.

How to renew my Vermont insurance license after a criminal conviction

According to Vermont Statutes Annotated (V.S.A.) Section 4813o:

(a) A producer shall report to the Commissioner any administrative action taken against the producer in another jurisdiction or by another governmental agency in this state within 30 days of the final disposition of the matter. This report shall include a copy of the order, consent to order, or other relevant legal documents.

(b) Within 30 days of the initial pretrial hearing date, a producer shall report to the Commissioner any criminal prosecution of the producer taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents.

https://legislature.vermont.gov/statutes/section/08/131/04813o

Producers can submit the required documentation via the NIPR Attachments Warehouse – Reporting of Actions.

What about misdemeanors in Vermont?

Vermont law states that an insurance producer’s license can be denied, nonrenewed, or terminated if the producer has been convicted of “a felony or misdemeanor involving moral turpitude.” It’s unclear if this means other misdemeanors are acceptable for maintaining an insurance license, so producers should report them to—or check about the need to report them—directly with the Vermont Department of Insurance.

What about non-resident producers seeking to renew their Vermont license after a conviction?

Vermont’s law doesn’t make a distinction between resident and nonresident producers. Generally speaking, when a producer reports actions to their resident state (assuming they’re using the NIPR Attachments Warehouse – Reporting of Actions) their nonresident license states will also be notified. So, producers with a nonresident license in Vermont should use that method to ensure proper reporting.

One final note on insurance licensing and criminal convictions in Vermont

Like many other states, business entities can also lose their insurance licenses if the Commissioner determines that: “an individual licensee’s violation was known or should have been known by one or more of the partners, officers, directors, or managers acting on behalf of the business entity, and the violation was neither reported to the Commissioner nor corrective action taken.”

So, for insurance leadership, the onus is on you to pay attention to your producers’ behavior.

How to renew my Virginia insurance license after a criminal conviction

The Code of Virginia section 38.2-1831 states that Virginia’s Insurance Commission (The Commission) “may place on probation, suspend, revoke or refuse to issue or renew” a producer’s license for a variety of reasons including being convicted of a felony.

This law also includes a few unique criteria for license suspension, revocation, and nonrenewal that are found in some, but not all states. These include engaging in the practices of twisting and rebating, which we’ve written about in more detail before. This point raises a larger issue, since most states’ laws give them the right to suspend or revoke an insurance license if it’s been suspended or revoked by another state. Therefore, a producer with a nonresident Virginia license might lose it, along with their resident state and others, for a practice that Virginia is stricter about than other states.

Simply put, this is one more reminder that licensed insurance agents and brokers need to pay close attention to their resident and nonresident states’ laws.

In terms of reporting requirements, The Code of Virginia requires licensed agents to report “the facts and circumstances regarding the criminal conviction” to The Commission within 30 calendar days of being convicted of a felony. According to Virginia’s reporting requirements, “Such report shall include both the charging documents as well as documents showing the final disposition of the case.”

Similarly, producers are required to report any administrative action taken against them, and to include a copy of the order, consent to order or other relevant legal docuemnts, within 30 calendar days of the final disposition of the matter.

To fulfill these reporting requirements, licensed producers should upload documents to the NIPR Attachments Warehouse – Reporting of Actions.

Does Virginia grant 1033 waivers?

Yes. Insurance license applicants with a history of a criminal conviction related to crimes of dishonesty and moral turpitude should use this application to request written consent to engage in the business of insurance in Virginia. Once completed, applicants can email it back to AgentLicensing@scc.virginia.gov or use the mailing address and fax information found on the application.

What about misdemeanors in Virginia?

The Code of Virginia specifically names felonies in its reporting requirements. This may mean misdemeanors don’t need to be reported, but without further clarification from The Commission, we recommend contacting the Virginia Commission yourself just to be sure.

What about non-resident producers seeking to renew their Virginia license after a conviction?

Virginia law doesn’t make a distinction between resident and nonresident producers. Generally speaking, when a producer reports actions to their resident state (assuming they’re using the NIPR Attachments Warehouse – Reporting of Actions) their nonresident license states will also be notified. So, producers with a nonresident license in Virginia should use that method to ensure proper reporting.

How to renew my Washington insurance license after a criminal conviction

The Revised Code of Washington (RCW) Section 48.17.597 states:

(1) An insurance producer, title insurance agent, or adjuster shall report to the commissioner any administrative action taken against the insurance producer, title insurance agent, or adjuster in another jurisdiction or by another governmental agency in this state within thirty days of the final disposition of the matter. This report shall include a copy of the order, consent to order, or other relevant legal documents.

(2) Within thirty days of the initial pretrial hearing date, an insurance producer, title insurance agent, or adjuster shall report to the commissioner any criminal prosecution of the insurance producer, title insurance agent, or adjuster taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents.

https://app.leg.wa.gov/rcw/default.aspx?cite=48.17.597

For currently licensed producers who need to submit this information, Washington state’s Office of the Insurance Commissioner advises that the easiest way is by using the NIPR Attachments Warehouse – Reporting of Actions.

According to the Office of the Insurance Commissioner’s website, people applying for a new producer license with a misdemeanor, felony, or other criminal record must send the following through the state’s secure e-form:

• A written statement explaining the circumstances of the incident(s)
• A copy of the charging document(s)
• A copy of the official document which demonstrates the resolution of the charge(s) or any final judgment

Does Washington grant 1033 waivers?

Yes. Washington state residents should send their application for a Letter of Written Consent to Engage in the Business of Insurance to the Office of the Insurance Commissioner using the secure e-form.

Nonresidents seeking a Washington insurance license and who need a 1033 waiver should provide a copy of their 1033 waiver from their resident state when applying for a license (or license renewal).

What about misdemeanors in Washington?

The Washington state Office of the Insurance Commissioner website provides the following guidance:

You don’t have to report:

• Misdemeanor traffic citations
• Misdemeanor convictions involving driving under the influence (DUI) or driving while intoxicated (DWI)
• Driving without a license
• Reckless driving
• Driving with a suspended or revoked license
• Misdemeanor or felony offenses that were adjudicated in a juvenile court

For other misdemeanors not mentioned above, it appears Washington state requires reporting within the same timeframe and following the same procedures as more serious offenses.

What about non-resident producers seeking to renew their Washington license after a conviction?

Nonresident producers who need written consent to engage in the business of insurance (i.e. a 1033 waiver) should start with their resident state and then provide their 1033 waiver to Washington state.

For other types of criminal charges and convictions, nonresident producers should follow the same procedures as resident producers and alert the state within 30 days. This will happen automatically if the producer uses the NIPR Attachments Warehouse – Reporting of Actions to submit their documentation to their resident state along with all other states they’re licensed in.

How to renew my Washington, D.C. insurance license after a criminal conviction

According to the District of Columbia’s Producer Licensing Act of 2002, the “Commissioner may place an insurance producer on probation; suspend, revoke, or refuse to issue or renew an insurance producer’s license” or impose a civil penalty, or a combination of actions for a number of reasons. These include a producer being convicted of a felony, and—notably because this wording isn’t standard across states—if a producer “has an insurance producer license, or its equivalent, denied, suspended, or revoked in any state or territory of the United States, province of Canada, or other foreign country.”

Perhaps it’s because D.C. is the nation’s capital, but the emphasis on foreign countries and how their regulations relate to a D.C. licensee is something to take note of.

With regard to reporting, the Code of the District of Columbia Section 31–1131.17 states:

(a) An insurance producer shall report to the Commissioner any administrative action taken against the insurance producer in another jurisdiction or by another governmental agency in the District within 30 days of the final disposition of the matter. The report shall include a copy of the order, consent to order, or other relevant legal documents.

(b) Within 30 days of the initial pretrial hearing date, an insurance producer shall report to the Commissioner any criminal prosecution of the insurance producer taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents.

When it comes to how to report these actions to the D.C. Department of Insurance, this page has several options and D.C. also accepts documents via the NIPR Attachments Warehouse – Reporting of Actions.

Does Washington, D.C. grant 1033 waivers?

Yes. You can find the application for written consent to engage in the business of insurance within Washington, D.C. here.

What about misdemeanors in Washington, D.C.?

The District of Columbia’s Producer Licensing Act of 2002, specifically section 17, Reporting of Actions, says producers must report “any criminal prosecution” to the Commissioner and doesn’t distinguish between felonies and midemeanors.

What about non-resident producers seeking to renew their Washington, D.C. license after a conviction?

Washington, D.C. law doesn’t distinguish between resident and nonresident producers in terms of reporting requirements. Nonresident producers must follow the same procedures for reporting criminal prosecutions within 30 days.

One final note on insurance licensing and criminal convictions in Washington, D.C.

In Washington, D.C.:

“The license of a business entity may be suspended, revoked, or denied renewal if the Commissioner finds, after a hearing, that: (1) The occurrence of a license violation was known or should have been known by one or more of the partners, officers, or managers acting on behalf of the business entity; (2) The violation was not reported to the Commissioner; and (3) Corrective action was not taken.”

https://code.dccouncil.gov/us/dc/council/laws/docs/14-264.pdf

So, for insurance leadership, the onus is on you to pay attention to your producers’ behavior, and make sure producers are properly reporting criminal and administrative actions.

How to renew my West Virginia insurance license after a criminal conviction

According to West Virginia Code Section 33-12-24, “The Insurance Commissioner may place on probation, suspend, revoke or refuse to issue or renew an insurance producer’s license, solicitor’s license or excess line broker’s license, or may levy a civil penalty or any combination of actions” for a number of reasons, including being convicted of a felony or having a license suspended or revoked in another jurisdiction.

In terms of reporting requirements, West Virginia’s insurance code Section 33-12-34 states:

(a) A producer shall report to the Insurance Commissioner any administrative action taken against the producer in another jurisdiction or by another governmental agency in this state within thirty days of the final disposition of the matter. This report shall include a copy of the order, consent to order, or other relevant legal documents.

(b) Within thirty days of the initial pretrial hearing date, a producer shall report to the Insurance Commissioner any criminal prosecution of the producer taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing, and any other relevant legal documents.

https://code.wvlegislature.gov/33-12-34/

Does West Virginia grant 1033 waivers?

Yes. West Virginia provides this application for consent to engage in the business of insurance, along with this set of frequently asked questions. According to West Virginia’s FAQs, once a 1033 waiver is granted by a resident state, other states must honor the consent to engage in the business of insurance. However, our research has found this isn’t the case across all states, as many take a case-by-case basis approach to 1033 reciprocity. In a separate set of FAQs, West Virginia affirms that it’ll honor a 1033 waiver granted by a nonresident licensee’s resident state.

What about misdemeanors in West Virginia?

The wording of West Virginia’s law is that a producer must report “any criminal prosecution” which would include misdemeanors as well as felonies. Our research hasn’t uncovered any exceptions to this rule within West Virginia’s laws.

What about non-resident producers seeking to renew their West Virginia license after a conviction?

Nonresident producers should follow the same procedures as resident license holders in terms of reporting requirements. Using the NIPR Attachments Warehouse – Reporting of Actions will provide the information to a producers resident and nonresident states.

West Virginia has made its stance clear that it will allow producers to engage in the business of insurance within the state if the producer has been granted a 1033 waiver by their resident state. For crimes that don’t require a 1033, waiver, there is no written policy on reciprocity.

One final note on insurance licensing and criminal convictions in West Virginia

Like many other states, West Virginia’s insurance code says:

“The producer’s license of a business entity may be placed on probation, suspended, revoked, refused or have civil penalty or any combination of actions, if the Insurance Commissioner finds, after hearing, that an individual licensee’s violation was known or should have been known by one or more of the partners, officers or managers acting on behalf of the partnership, corporation, limited liability company or other business entity and the violation was neither reported to the Insurance Commissioner nor corrective action taken.”

https://code.wvlegislature.gov/33-12-24/

Once again, if you’re in a position of managing an insurance business entity, you’re also responsible for ensuring the producers working under you are following each state’s reporting requirements.

How to renew my Wisconsin insurance license after a criminal conviction

According to Wisconsin Administrative Code Sections 6.59(5)(a) and 6.59(5)(d)6, an individual’s criminal record, as well as a conviction of a crime (felony or misdemeanor) “substantially related to the circumstances of holding an insurance license” are criteria that the Department of Insurance may use to assess their trustworthiness and competence.

In terms of notification requirements, Wisconsin Adminstrative Code Section 6.61.16 states licensed agents must notify the commissioner in writing, within 30 days, for each of the following:

(a) Except for action taken by the Wisconsin office of the commissioner of insurance, any formal administrative action against the intermediary taken by any state’s insurance regulatory agency, commission or board or other regulatory agency which licenses the person for any occupational activity. The notification shall include a description of the basis for the administrative action and any action taken as a result of the proceeding, a copy of the notice of hearing and other documents describing the problem, a copy of the order, consent to order, stipulation, final resolution and other relevant documents.

(b) Any initial pretrial hearing date related to any criminal prosecution of the intermediary taken in any jurisdiction, other than a misdemeanor charge related to the use of a motor vehicle or the violation of a fish and game regulation. The notification shall include a copy of the initial criminal complaint filed, the order resulting from the hearing and any other relevant legal documents.

(c) Any felony conviction or misdemeanor conviction in any jurisdiction, other than a misdemeanor conviction related to the use of a motor vehicle or the violation of a fish and game regulation. The notification shall include a copy of the initial criminal complaint or criminal charging document filed, the judgement of conviction, the sentencing document, the intermediary’s explanation of what happened to cause criminal proceedings, the intermediary’s reasons why no action should be taken regarding the intermediary’s license and any other relevant legal documents.

(d) Any lawsuit filed against the licensee or the licensee’s business in which there are allegations of misrepresentation, fraud, theft or embezzlement involving the licensee or the licensee’s business. The notification shall include a copy of the initial suit documents, the intermediary’s explanation of what happened to cause the civil proceedings, the intermediary’s reasons why no action should be taken regarding the intermediary’s license and any other relevant legal documents.

Source https://docs.legis.wisconsin.gov/code/admin_code/ins/6/61/16

Does Wisconsin grant 1033 waivers?

Yes, and the Wisconsin Office of the Commissioner of Insurance’s website has a whole page dedicated to how to go about completing your application for written consent to engage in the business of insurance.

For nonresident producers seeking a 1033 waiver for Wisconsin, the state says it will issue a license based on the resident state’s 1033 waiver approval. So, start with your resident state and then submit your approved waiver to Wisconsin.

What about misdemeanors in Wisconsin?

Wisconsin law specifically calls out “Having been convicted of a felony or misdemeanor substantially related to the circumstances of holding an insurance license” as a factor that can influence its determination of a producer’s trustworthiness and competence.

However, the law also specifies that a “misdemeanor conviction related to the use of a motor vehicle or the violation of a fish and game regulation” does not need to be reported. Email correspondence with the Wisconsin Office of the Commissioner of Insurance also clarified that “traffic citations, driving under the influence (DUI), driving while intoxicated (DWI), driving without a license, reckless driving, or driving with a suspended or revoked license” specifically don’t need to be reported.

What about non-resident producers seeking to renew their Wisconsin license after a conviction?

Email correspondence with the Wisconsin Office of the Commissioner of Insurance stated that the state will consider the license status of nonresidents on a case by case basis, although the state does consider what action the producer’s resident state took.

How to renew my Wyoming insurance license after a criminal conviction

According to Wyoming Insurance Code, the commissioner has the authority to place on probation, suspend, revoke, or refuse to issue or renew an insurance producer’s license for a number of reasons, including: “Having been convicted of a felony that relates to the insurance profession or to the ability to practice as an insurance producer.”

The wording of this law is unique among the states because it’s more specific than simply “having been convicted of a felony” which is the common language. Wyoming’s law implies the state may be more lenient about people with criminal backgrounds serving as licensed insurance agents, producers, brokers, or adjusters.

Regarding reporting criminal and administrative actions, Wyoming Title 26, Section 26-9-216 specifies:

(a) A licensee shall report to the commissioner any administrative action taken against the producer in another jurisdiction or by another governmental agency in this state within thirty (30) days of the final disposition of the matter. This report shall include a copy of the order, consent to order or other relevant legal documents.

(b) Within thirty (30) days of the initial pretrial hearing date, a licensee shall report to the commissioner any criminal prosecution of the producer taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing and any other relevant legal documents.

https://wyoleg.gov/statutes/compress/title26.pdf

Wyoming advises all new license applicants with criminal backgrounds to submit the following to the state via the NIPR Attachments Warehouse – Reporting of Actions. The same requirements should hold true for existing licensees who need to report new actions.

• Original charging documents.
• Final disposition documents (which will include the judge’s final order and any fines or sentencing).
• Proof that you have paid all fines and completed all sentencing, including probation.
• A written explanation of the circumstances behind your conviction, along with any steps you’ve taken to assure the crime will not happen again.

What about misdemeanors in Wyoming?

Wyoming requires reporting of “any criminal prosecution” within the 30-day timeframe. It’s unclear whether Wyoming exempts offenses such as traffic violations, so without further clarification, insurance producers should report all criminal prosecutions exactly as the law is worded.

Does Wyoming grant 1033 waivers?

Yes, the state points producers to this application for written consent to engage in the business of insurance.

The state’s website goes on to clarify:

If you have a felony conviction that involves a “breach of trust” you may be required to file a 1033 waiver application*.

Some examples of felonies that may require a 1033 waiver are:

• Burglary, theft, embezzlement
• Violent crimes (assault, murder, attempted murder)
• Sexual assault

Felonies that generally do not require a 1033 waiver are:

• Drug possession
• Driving under the influence
• Prostitution

The above examples should be used as a guideline. Every application is handled on an individual basis.

https://doi.wyo.gov/licensing/producers

What about non-resident producers seeking to renew their Wyoming license after a conviction?

Wyoming law doesn’t specifically provide alternate procedures for nonresident licensees, however, it does state in Section 26-9-211 that “For agents whose home state of licensure is not Wyoming, the commissioner may rely on licensure and disciplinary actions by the agent’s home state of licensure.”

One final note on insurance licensing and criminal convictions in Wyoming

Like many other states, business entities can also lose their insurance licenses in Wyoming “if the commissioner finds, after notice and opportunity for hearing, that an individual licensee’s violation was known by one (1) or more of the partners, officers or managers acting on behalf of the business entity and the violation was neither reported to the commissioner nor corrective action taken.”

What to do if you have new criminal charges or convictions

As we’ve made our way through all 50 states, plus Washington, D.C., one thing’s become clear. Every state requires insurance producers to report new criminal activity to the insurance commissioner or department of insurance, and to do so within 30 days. Beyond that, the specifics vary. Whether there’re exceptions to the types of crimes that need to be reported, whether a producer needs to report charges or only convictions, and what the chances are that you can keep an active license after reporting any type of criminal conviction are among the variables that each state determines for itself.

We hope this guide has been helpful, but the bottom line is that if you’re an insurance producer facing criminal charges or convictions, your best bet will be to consult with your attorney and your state’s DOI directly to make sure you fulfill any requirements. Doing nothing is guaranteed to land you in more trouble than following the state’s reporting requirements.

To learn more about the nuances of state-by-state insurance compliance, check out our free Compliance Library where we’ve done the research for you. If you’re ready to make compliance streamlined and automatic at your insurance agency, carrier, MGA, or MGU, see how AgentSync can help.

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