R590-278-4. Determining Request for Consent

  Written consent may be granted if, in the commissioner's sole discretion, a preponderance of the evidence shows that the petitioner is trustworthy to engage or participate in the business of insurance. The petitioner bears the burden of production of evidence and the burden of persuasion. The following are relevant to determining whether written consent will be granted:

  (1) Any materially false or misleading statement or omission in the request for agency action;

  (2) The nature, severity, and number of the petitioner's crimes;

  (3) The petitioner's age at the time the crimes were committed;

  (4) The petitioner's punishment for the crimes;

  (5) The length of time since the petitioner's most recent conviction;

  (6) The petitioner's rehabilitation, including evidence of counseling, community service, completion of probation, and payment of restitution, fines, and interest if applicable;

  (7) Current reference letters;

  (8) The presence of any fact or circumstance in the petitioner's current life that may have motivated the petitioner to commit crime in the past;

  (9) Any unpaid judgment;

  (10) If the petitioner intends to apply for an insurance license, the duties of a holder of that type of license;

  (11) The extent to which the petitioner, if granted a license, will work under the supervision of another licensee or another person;

  (12) The petitioner's trustworthiness in employment, community service, or other endeavors since the most recent conviction;

  (13) Information received from the National Association of Insurance Commissioners and any insurance regulatory official;

  (14) Whether the petitioner has had any occupational or professional licenses, certifications, or designations revoked and, if so, the basis for the revocation; and

  (15) Whether the petitioner has previously requested written consent in any jurisdiction and, if so, the outcome of that request.