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§ 39.4. Exemptions.
(a) This chapter does not apply to:
(1) An agent who was licensed for a particular line of authority prior to January 1, 1971, and has been continuously licensed for that line of authority (See section 602(a)(3) of the act (40 P. S. § 232(a)(3)). The agent shall be subject to this chapter if an additional line of authority, or a brokers license in the same line is added, at any time after December 31, 1970.
(2) A broker who was licensed for a particular line of authority prior to January 1, 1971, and has been continuously licensed for that line of authority (See section 622(h) of the act (40 P. S. § 252(h)). The broker shall be subject to this chapter if an additional line of authority is added at any time after December 31, 1970.
(3) An agent who, as confirmed by the appointing entity on each renewal, is appointed as a resident agent solely to countersign policies and is not engaged in the solicitation or sale of insurance.
(4) The holder of a certificate whose only line of authority is a restricted line.
(5) An agent or broker that is a firm, an institution, a partnership, a corporation or an association.
(6) A nonresident agent or broker whose state of domicile has continuing education requirements, and the agent or broker has satisfied those requirements. If the agent or broker does not satisfy the state of domiciles requirements, the agent or broker shall be subject to this chapter.
(7) An agent whose only line of authority is title insurance.
(8) An agent whose only line of authority is restricted fraternal.
(9) An agent who first obtained a license without examination under section 609(c) of the Fraternal Benefit Societies Code (40 P. S. § 1142-609(c)) and whose appointments are limited to fraternal benefit societies.
(10) An agent or broker who has other good cause for exemption, as approved by the Commissioner.
(b) An agent or broker requesting an exemption under this section shall apply to the Commissioner on a form approved by the Commissioner.
(c) The following documentation is acceptable for establishing an agents or brokers status under subsection (a)(1) or (2).
(1) Department licensing history or other records.
(2) Copies of licenses provided by agents or entities.
(3) Other records deemed acceptable by the Commissioner.
Cross References This section cited in 31 Pa. Code § 39.3 (relating to applicability).
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