North State Law

Duty to Report Administrative Actions to the Department of Insurance

Duty to Report Administrative Actions to the Department of Insurance

As a licensed insurance professional in North Carolina, it’s important to understand your obligations when it comes to reporting administrative actions. This blog post will guide you through the requirements set forth by the North Carolina Department of Insurance (NCDOI) and ensure that you stay compliant.

What Are Administrative Actions?

Administrative actions can stem from various sources, such as the Financial Industry Regulatory Authority (FINRA) or other state regulatory bodies. For instance, if the Florida Department of Insurance files a complaint against you, this could lead to an administrative action. These actions often result in penalties, public reprimands, or written warnings, all of which may need to be reported.

It is important to recognize that not every reprimand or penalty will be considered an administrative action. The classification can depend on the state or FINRA’s interpretation of the action. If you’re unsure whether an action qualifies, it is advisable to report it. Better safe than sorry!

Reporting Requirements

In North Carolina, you have a dual responsibility when it comes to reporting administrative actions:

Do not assume that another state will report the action on your behalf. They will not. You must take the initiative to report within thirty (30) days of the action being imposed. This requirement applies not only to insurance producers and agents but also to insurance adjusters.

What to Submit

When reporting an administrative action, you need to provide documentation regarding the outcome. This could include:

  • A consent order.
  • Any relevant order or document that outlines the result of the administrative action.

Failure to provide this information can lead to complications down the line. North Carolina has a way of finding out about these actions, even if you don’t report them yourself. The repercussions of not being proactive can escalate your situation significantly.

Understanding the Statutes

The statutes that govern these reporting requirements are specific:

Knowing which statute applies to you is essential for compliance. If you receive any administrative action against your license, you must understand which statute governs your reporting duties.

Examples of Potential Administrative Actions

While this list is not exhaustive, here are a few examples of actions that may require reporting:

  • Actions taken by FINRA.
  • Complaints or actions initiated by other states.
  • Any actions connected to federal government entities that affect your licensing privileges.

Remember, if you have a license in multiple states or through federal agencies, you may need to report actions from any of these jurisdictions, as they may all be considered administrative actions.

What Happens If You Don’t Report?

Ignoring your duty to report can lead to severe consequences. North Carolina’s Department of Insurance will eventually find out about the administrative action, and the fact that you didn’t report it will only make matters worse. The penalties for non-compliance can be significant, potentially jeopardizing your professional license.

Questions and Resources

If you’re feeling overwhelmed or have questions about your specific situation, you’re not alone. I encourage you to check out the resources available on my website, including blogs and videos that cover similar topics. You can also reach out to my office for a 15-minute discovery call. We’re here to help clarify any uncertainties you might have.

Conclusion

Your professional license is invaluable, and understanding your reporting obligations is a key part of maintaining it. By staying informed and proactive about administrative actions, you can safeguard your career and ensure compliance with North Carolina’s regulations. Keep writing those policies and maintaining your standing in the industry!

*Nothing in this blog establishes an attorney-client relationship. Nothing in this blog is legal advice. If you have any questions, please check out our other blogs and our Youtube channel. You can also call us at 919-521-8810 with questions.