AGO 1996-117.

• Case Date: January 29, 1996
• Court: Alabama

Alabama Attorney General Opinions 1996. AGO 1996-117. 1996-117January 29, 1996Honorable Michael DeBellis Acting Commissioner State of Alabama Department of Insurance 135 South Union Street Montgomery, AL 36130 Insurance Department - Insurance - Insurance Agents, Brokers and Service Representatives - Continuing Education - Licenses and Permits Insurance Commissioner not authorized by current statutes to promulgate a regulation requiring continuing education for insurance agents, brokers, and service representatives.Dear Mr. DeBellis: This opinion is issued in response to your request for an opinion from the Attorney General. QUESTION Is the Commissioner of Insurance authorized to promulgate a regulation establishing a continuing education requirement for agents, brokers, and service representatives? FACTS, LAW AND ANALYSIS Over twenty state licensing agencies have statutory authority to require continuing education as a condition of relicensure. See, for instance, _ 34-1-11, Code of Alabama 1975 (Accountants) and _ 34-27-75, Code, supra (Veterinarians). Attorneys are subject to continuing education requirements by rules promulgated by the Supreme Court. It is, clearly, as a matter of experience as well as public policy, desirable and beneficial to have persons practicing licensed, regulated professions maintain and improve their skills through continuing education programs. As Commissioner of Insurance, with the authority to ". . . make reasonable rules and regulations necessary for the effectuation of any provision of . . ." Title 27 of the Code of Alabama 1975, _ 27-2-7, you ask whether __ 27-7-12 and 27-8-6 are sufficient to support rules requiring continuing education for relicensure of insurance agents, brokers, and service representatives. These sections read as follows: Section 27-7-12: "In every case where he has probable cause to find and does find that the applicant for renewal or continuation of a license does not possess the necessary qualifications of education, training and experience where prescribed by this chapter or reasonably required for the lawful discharge of his responsibilities under the license, the commissioner shall require the applicant to take and pass a written examination as a condition precedent to the renewal of the license." Section 27-8-6: "After completion of the educational...