Section 031-542-5 - Course and Vendor ApprovalA. Approval required. No person may falsely represent that a course of instruction has been approved for education credit in Maine or misrepresent the number of credit hours for which a course has been approved. A course which is intended to be given for credit may not be offered until the Superintendent has notified the vendor that the course has been approved.B.Fees for Vendor Registration and Course Submission. As a condition of approval of its course or courses, each vendor shall pay a $100 vendor fee upon submission of its first course application and biennially thereafter on or before October 1 of each even-numbered year. Each registered vendor shall pay a $20 course fee upon submission of each course application or such other fees as may be provided in 24-AM.R.S.A. §601(23), as amended from time to time.C. Application process. The Superintendent shall make available an application form for course approval. For each course, the vendor must file an application, accompanied by the course fee and, if applicable, the vendor fee, all course descriptions, outlines, promotional brochures, and other similar material which may be helpful in describing the course. If an examination is to be given, a copy of the examination(s) must be submitted, along with the proposed passing grade. If a course includes optional review sessions, the course description must include a description of the review sessions and any materials used in conducting or publicizing the review sessions.D. Scope of approval. A course approval is valid only if it is given as described in the application. If the course is modified in any manner, it is considered a new course and may not be offered until a new application and fee have been submitted and the modified course has been approved in accordance with this Section.E.Review of applications. Each application for course credit, other than applications for credit by reciprocity pursuant to SubsectionI below, shall be reviewed by the Continuing Education Advisory Committee established pursuant to 24-A M.R.S.A. §1481 and by the Superintendent of Insurance. The Superintendent may require the applicant to submit further information deemed necessary to evaluate the eligibility of the course for credit.F. Advisory Committee. A member of the Advisory Committee must recuse himself or herself completely from the review of any application in which he or she has an interest or bias and may not use information obtained in the course of service on the Committee for personal gain or other improper purposes. Before taking office, each must file a written statement with the Superintendent agreeing to comply with the requirements of this Rule and fully disclosing any employment, ownership, or other affiliation with or interest in any continuing education vendor. Members must update their disclosure statements within 10 days after learning of any inaccuracy or change in circumstances.G. Standards for approval. Courses which impart substantive knowledge relating to the field of insurance and are otherwise in compliance with this Rule will be approved for credit. Courses in related fields, such as other segments of the financial services industry, will be approved for credit to the extent that they are otherwise in compliance with this Rule and are shown to improve the abilities of students to act within the scope of their licenses. The following types of subject matter do not qualify for credit:(1) Technical office skills, such as typing, speed reading, and the operation of office machines and equipment;(2) Motivation, psychology, sales promotion, time or stress management, or communications;(3) Office management, customer service, or the operation of the student's business, if the course is general in focus and is not specifically directed towards the business of insurance; or(4) Courses which primarily instruct the student in the promotion or sales of the products of a specific company. However, courses which primarily convey general insurance knowledge through instruction in the design and appropriate application of products of specific companies may be considered for credit.H. Notice of decision. The Advisory Committee shall recommend to the Superintendent, within 30 days after the receipt of a complete application by the Superintendent, whether a course should be approved or disapproved, and if approved, the appropriate number of credit hours. For good cause, the Superintendent may extend the Committee's review period to 60 days. The Superintendent shall make a final decision and send written notice of that decision to the applicant within 15 days after receiving the Committee's recommendation.I. Reciprocity. The Superintendent may enter into reciprocity agreements for course approval with insurance regulators in other jurisdictions that the Superintendent determines to have standards for approval that are substantially equivalent to Maine's. An application for course credit by reciprocity shall be accompanied by the required fees, evidence satisfactory to the Superintendent that the course has been approved in a reciprocal jurisdiction, and such other information as the Superintendent may require in order to verify that the course is being conducted in compliance with this Rule.J. Term of approval. Course approvals remain effective, unless terminated by request of the vendor, by order of the Superintendent, or termination of the vendor's approved status.02-031 C.M.R. ch. 542, § 5