Section 21.27.270. Licensing of nonresidents.

   (a) In accordance with P.L. 106-102 (Gramm-Leach-Bliley Act), the director shall issue a license to a nonresident license applicant on terms that are reciprocal with those of the applicant's home state. Notwithstanding any contrary provision of this chapter, the director may by order waive any license application requirement in this chapter to achieve reciprocity to license a nonresident in accordance with P.L. 106-102 (Gramm-Leach-Bliley Act).
   (b) Unless the director denies or refuses to renew a license under AS 21.27.410, the director shall issue a nonresident producer, limited lines, surplus lines broker, managing general agent, reinsurance intermediary broker, or reinsurance intermediary manager license to a person who is not a resident of this state if
        (1) the person is currently licensed and is in good standing in the person's home state; the director may verify the person's licensing status through the producer licensing database records maintained by the National Association of Insurance Commissioners or its affiliates or subsidiaries;
        (2) the person has paid the fees required under AS 21.06.250 and has submitted to the director
             (A) the license application the person submitted to the person's home state; or
             (B) if the person is not a firm, a completed uniform application or, if a firm, the uniform business entity application; and
        (3) the person's home state awards nonresident producer, limited lines, surplus lines, managing general agent, reinsurance intermediary broker, and reinsurance intermediary manager licenses to residents of this state on the same basis as does this state.
   (c) Notwithstanding (b) of this section, the director may require a person applying for a
        (1) nonresident license to furnish the person's fingerprints as required of a person applying for a license under AS 21.27.040(e);
        (2) surplus lines broker license under this section to have, and maintain while licensed in this state, the bond required of a person applying for a license under AS 21.27.790(2); and
        (3) nonresident license to comply with the premium fiduciary account requirements of AS 21.27.360 and the regulations adopted under that statute.
   (d) A person licensed as a limited lines producer in the person's home state shall receive a nonresident limited lines producer license granting the same scope of authority as the license issued by the producer's home state.
   (e) In addition to the other requirements of this chapter, a person may not be licensed as a nonresident licensee until the person files a power of attorney as follows:
        (1) an applicant shall appoint the director as attorney to receive service of legal process issued against the licensee in this state upon a cause of action arising in this state or relative to a subject resident, located, or to be performed in this state; service upon the director as attorney shall constitute effective legal service upon the licensee; and
        (2) the appointment shall be irrevocable for as long as there could be a cause of action against the licensee arising out of an insurance transaction in this state or relative to a subject resident, located, or to be performed in this state.
   (f) Duplicate copies of legal process against a licensed or formerly licensed nonresident licensee shall be served upon the director either by a peace officer or through certified mail with return receipt requested. At the time of service, the plaintiff shall pay to the director a fee set under AS 21.06.250.
   (g) Upon receiving a service of process, the director shall immediately send one of the copies of the process by certified mail, return receipt requested, to the licensed or formerly licensed nonresident licensee at the last address of record filed with the director.
   (h) A nonresident applicant for an independent adjuster license who only adjusts claims related to portable electronics insurance under AS 21.36.515 and who is licensed as an independent adjuster and in good standing in the applicant's home state does not have to meet the requirements of AS 21.27.060 or 21.27.830 to be licensed under this section. A resident of Canada may not be licensed as an independent adjuster under this section unless the applicant has obtained a resident independent adjuster license in another state or declared another state the applicant's home state and obtained an independent adjuster license in that state.
   (i) If a nonresident independent portable electronics adjuster applicant's home state does not license independent adjusters, the independent portable electronics adjuster applicant may designate the applicant's home state as any state in which the applicant is licensed in good standing.

Authorities

21.27.020;21.27.640

Notes

Implemented As

3 AAC 31.300

References

3 AAC 31.300
AS 21.27.020 General qualifications for license.
AS 21.27.640 Third-party administrator qualifications.

History

(Sec. 1 ch 120 SLA 1966; am Sec. 22 ch 51 SLA 1990; am Sec. 72 - 74 ch 67 SLA 1992; am Sec. 30 ch 81 SLA 2001; am Sec. 2 ch 103 SLA 2014)