381.118. Examination required--education requirements, exemptions--approved courses and programs--teaching credit--credits may be carried forward--extensions and waivers--certification to director of

MISSOURI STATUTES AND CODES

381.118. Examination required--education requirements, exemptions--approved courses and programs--teaching credit--credits may be carried forward--extensions and waivers--certification to director of

Examination required--education requirements, exemptions--approvedcourses and programs--teaching credit--credits may be carriedforward--extensions and waivers--certification to director ofcompletion--nonresidents--rules--funds, depositing and use--feesfor license renewal.

381.118. 1. Each title agency shall designate an individual as aqualified principal, who as a condition of licensure shall successfullypass an examination developed by the producer advisory board established bysection 375.019, RSMo, and approved by the director. Each title agentshall successfully pass an examination developed by the producer advisoryboard and approved by the director. Upon request by a title agency oragent and for good cause, the director, by order, may waive therequirements of this subsection. The examination requirement in thissubsection shall be waived for all title agents and qualified principalswho are licensed in this state as of January 1, 2008.

2. Each title agent licensed to sell title insurance in this state,unless exempt under subsection 8 of this section, shall successfullycomplete courses of study as required by this section. Any person licensedto act as a title agent shall, during each two years, attend courses orprograms of instruction or attend seminars equivalent to a minimum of eighthours of instruction. The initial such two-year period shall begin January1, 2008.

3. Subject to approval by the director, the courses or programs ofinstruction which shall be deemed to meet the director's standards forcontinuing educational requirements shall include, but not be limited to,the following:

(1) A real property law or title insurance-related course taught byan accredited college or university or qualified instructor who has taughta course of real property or title insurance law at such institution;

(2) A course or program of instruction or seminar approved by thedirector developed or sponsored by any authorized insurer, recognizedagents' association, title insurance trade association, or approved privateprovider. A local agents' group may also be approved if the instructorreceives no compensation for services;

(3) Courses approved for continuing legal education credit by theMissouri Bar.

4. A person teaching any approved course of instruction or lecturingat any approved seminar without compensation shall qualify for one andone-half times the number of classroom hours as would be granted to aperson taking and successfully completing such course, seminar or program,but the credit may be credited no more than once a year.

5. Excess classroom hours accumulated during any two-year period maybe carried forward to the two-year period immediately following thetwo-year period in which the course, program, or seminar was held.

6. For good cause shown, the director may grant an extension of timeduring which the educational requirements imposed by this section may becompleted, but such extension of time shall not exceed the period of onecalendar year. The director may grant an individual waiver of themandatory continuing education requirement upon a showing by the licenseethat it is not feasible for the licensee to satisfy the requirements priorto the renewal date. Waivers may be granted for reasons including, but notlimited to:

(1) Serious physical injury or illness;

(2) Active duty in the armed services for an extended period of time;

(3) Residence outside the United States; or

(4) Licensee is at least seventy years of age and is currentlylicensed as a title agent.

7. Every person subject to the provisions of this section shallfurnish in a form satisfactory to the director written certification as tothe courses, programs, or seminars of instruction taken and successfullycompleted by such person.

8. The provisions of this section shall not apply to those naturalpersons holding or applying for a license to act as a title agent inMissouri who reside in a state that has enacted and implemented a mandatorycontinuing education law or regulation pertaining to title agents.However, those natural persons holding or applying for a Missouri agentlicense who reside in states which have no mandatory continuing educationlaw or regulations shall be subject to all the provisions of this sectionto the same extent as resident Missouri title agents.

9. Rules necessary to implement and administer this section shall bepromulgated by the director, including, but not limited to, rules regardingthe following:

(1) The producer advisory board established by section 375.019, RSMo,shall be utilized by the director to assist the director in determiningacceptable content of courses, programs and seminars to include classroomequivalency;

(2) Every applicant seeking approval by the director of a continuingeducation course under this section shall pay to the director a filing feeof fifty dollars per course, except that such total fee shall not exceedtwo hundred fifty dollars per year for any single applicant. Fees shall bewaived for local agents' groups if the instructor receives no compensationfor services. Such fee shall accompany any application form required bythe director. Courses shall be approved for a period of no more than oneyear. Applicants holding courses intended to be offered for a longerperiod must reapply for approval.

10. All funds received under the provisions of this section shall betransmitted by the director to the department of revenue for deposit in thestate treasury to the credit of the insurance dedicated fund. Allexpenditures required by this section shall be paid from funds appropriatedfrom the insurance dedicated fund by the general assembly.

11. When a title agent pays his or her biennial renewal fee, suchagent shall also furnish the written certification required by thissection.

12. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created pursuant to the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date, or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after January 1, 2008, shall beinvalid and void.