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NOTICES

Reporting and Disclosure of Criminal Convictions; No. 2005-02

[35 Pa.B. 846]

   The Insurance Department (Department) has consistently monitored alleged criminal misconduct involving its licensees. Most recently the Department has obtained access to J-net, a database which provides information as to individuals, including licensees, who have been charged with criminal activity. Licensees have a statutory responsibility to report criminal allegations or convictions to the Department, and those who fail to do so are clearly in violation of the laws of the Commonwealth.

   Under section 678-A(b) of The Insurance Department Act of 1921 (act) (40 P. S. § 310.78(b)), within 30 days of being charged with criminal conduct (that is, upon the filing of a written criminal complaint or an arrest without a warrant), a producer is required to report the charges to the Department. The producer must also provide the Department with all of the following documents within 30 days of their availability:

   (1)  A copy of the criminal complaint, information or indictment.

   (2)  A copy of the order resulting from a pretrial hearing, if any.

   (3)  A report of the final disposition of the charges.

   A producer who fails to fully and timely comply with section 678-A(b) of the act may face civil penalties and/or a licensing action.

   Further, producers must disclose criminal charges and convictions on their initial and renewal license applications, with a complete, detailed explanation thereof. Information must be truthful, complete and accurate. Any errors, misrepresentations or omissions may result in the denial or rejection of an application, license denial and/or an administrative enforcement action which may include license revocation and imposition of monetary penalties. Also, incomplete, inaccurate or misleading information, statements or omissions may constitute criminal violations under State or Federal law.

   Reporting and supporting documentation outlined in this notice, of criminal charges or convictions involving any type of arrest (including driving under the influence), must be sent in writing to Jack Yanosky, Director, Insurance Department, Bureau of Producer Services, 1209 Strawberry Square, Harrisburg, PA 17120.

M. DIANE KOKEN,   
Insurance Commissioner

[Pa.B. Doc. No. 05-261. Filed for public inspection February 4, 2005, 9:00 a.m.]



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