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Virginia State Law for Life & Health Agents

这是《Virginia Life & Health Insurance Producer Exam — Complete Study Guide (2026)》的第 10 章 —— 完整的一章,直接在此免费阅读;无需下载,无需邮箱。内容与电子书正文完全一致。读到结尾,完整指南只差一次点击。

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How to use this chapter

Everything before this point is national material. This chapter is the Virginia half of your exam: the Virginia-specific content that sits alongside the general-knowledge content on the licensing examination the Bureau of Insurance delivers through its contracted testing vendor (currently Prometric). Virginia sells the examination three ways: a combined VA Life, Annuities & Health exam (series 11-01), 150 minutes, $35, and separate VA Life & Annuities (11-05) and VA Health (11-06) exams of 120 minutes each, $35 (Bureau of Insurance, Virginia Licensing Information Bulletin effective December 13, 2024, exam registration form; checked 2026-09-05). The Bureau's bulletin publishes neither a question count nor a passing score — those live in Prometric's content outlines — so both remain unconfirmed here: [verify current with the Virginia Bureau of Insurance (SCC)].

One vocabulary note first. Most states say "producer." Virginia's statutes say "agent." Title 38.2 of the Code of Virginia licenses a life and annuities insurance agent and a health insurance agent — two separate lines of authority, not one blended license. Exam questions use Virginia's vocabulary, so read "agent" where your national chapters said "producer."

Virginia questions trace to three places: Title 38.2 of the Code of Virginia, the Virginia Administrative Code, Title 14, Agency 5 (the SCC's insurance regulations), and Bureau of Insurance administrative letters.

A word about numbers. Hour counts, fees, dollar limits, and filing windows change. Where a figure below carries a dated citation, that figure was read from the cited source on the date shown. Where a figure still carries a bracketed verify-current flag, it was not confirmed from a primary source and must be checked with the Virginia Bureau of Insurance before you rely on it. The rules — that Virginia has a guaranty association, a replacement regulation, an unfair trade practices act, an annuity suitability rule with a best-interest standard — are stable and are stated plainly. It is the digits you check.

1. The SCC, the Bureau of Insurance, and enforcement

Virginia has no "Department of Insurance," and the exam likes the reason why.

The regulator is the State Corporation Commission (SCC), a constitutional body with legislative, judicial, and executive characteristics, composed of three Commissioners elected by the General Assembly. Under § 12.1-13 the SCC has the powers of a court of record: it issues process, compels witnesses, administers oaths, and punishes contempt. Appeals from SCC orders do not run through the ordinary trial courts — they go as a matter of right to the Supreme Court of Virginia. That is one of the most distinctive Virginia facts on the exam.

The Bureau of Insurance is the SCC division that does the work, headed by the Commissioner of Insurance, appointed by and reporting to the Commission. Mind the words: the Commissioners (three) sit on the SCC; the Commissioner of Insurance runs the Bureau. When Title 38.2 says "the Commission," it means the SCC. The Bureau licenses, regulates, investigates, and examines insurers, agencies, and agents in the Commonwealth.

Rulemaking. Under § 38.2-223 (with § 12.1-13) the Commission promulgates regulations administering Title 38.2. That authority produced 14VAC5-30 (replacements), 14VAC5-41 (advertisement of life insurance and annuities), 14VAC5-45 (annuity suitability), 14VAC5-170 (Medicare supplement), and 14VAC5-200 (long-term care).

Examinations and investigations. Under § 38.2-1317 the Commission examines every domestic insurer — and, since January 1, 1993, every insurer licensed in the Commonwealth — at least once in every five years (Va. Code § 38.2-1317 B; checked 2026-09-05), and may examine any insurer or any person transacting insurance business whenever it deems it necessary; costs are generally charged to the company examined, and another state's report may be accepted for a foreign insurer. § 38.2-1809 empowers the Commission to investigate the business practices of licensed agents and applicants. § 38.2-1810 requires reporting of larceny or embezzlement of insurance funds and privileges good-faith communications to the Commission.

Enforcement. The toolkit includes monetary penalties per violation, suspension or revocation of a license or certificate of authority, cease and desist orders, and restitution. The general penalty runs to not more than $5,000 per violation where the violation is knowing or willful and not more than $1,000 per violation without knowledge or intent, capped at $10,000 in the aggregate where a series of similar violations results from the same act (Va. Code § 38.2-218 A, B; checked 2026-09-05). Because the SCC has judicial powers, a defended matter is a hearing before a Hearing Examiner and the Commission, ending in a written order. Two exam points: due process comes first (notice and an opportunity to be heard), and the Commission's jurisdiction does not evaporate when a license lapses or is surrendered. Criminal insurance fraud runs on a separate track through the Insurance Fraud Program of the Virginia State Police — one act can cost a license and draw a charge.

2. Agent licensing (Title 38.2, Chapter 18)

§ 38.2-1822: no person shall act as, or hold out as, an insurance agent in Virginia without a license; § 38.2-1823 penalizes acting without one. § 38.2-1801 makes the agent who solicits, negotiates, or procures an application the agent of the insurer and forbids misrepresenting whom you represent. § 38.2-1802 forbids acting for an unauthorized insurer.

License lines. Life and annuities insurance agent (§ 38.2-1815); health insurance agent (§ 38.2-1815.1); property and casualty and personal lines (§ 38.2-1814); title (§ 38.2-1814.1). Variable life and variable annuity authority sits on top of the life and annuities license and additionally requires FINRA registration; under § 38.2-1825, if the underlying life and annuities license terminates, the variable authority terminates with it. Business entities are licensed too and must designate a licensed individual responsible for compliance (§§ 38.2-1820, 38.2-1822).

Qualification and application. § 38.2-1820 requires good character, trustworthiness, and competence, and no disqualification under § 38.2-1831. § 38.2-1819 governs the application and its nonrefundable application processing fee, which the Commission sets inside a statutory band of not less than $10 nor more than $20 per line of authority (Va. Code § 38.2-1819 A; checked 2026-09-05) and which the Bureau currently charges at $15 per qualification (SCC Bureau of Insurance, "Lines of Authority & Application Fees"; checked 2026-09-05), and authorizes fingerprinting and state and federal criminal history record checks. The application requires disclosure of criminal history and of administrative actions by any insurance regulator in any state.

Examination. § 38.2-1817 requires an examination for resident licensure with a nonrefundable examination fee, statutorily not less than $20 nor more than $100 (Va. Code § 38.2-1817 D; checked 2026-09-05) and currently $35 per exam (Virginia Licensing Information Bulletin eff. December 13, 2024, exam registration form; checked 2026-09-05). Two tested mechanics: exams run on a regular published schedule, and a resident individual applicant who fails three times must wait 30 calendar days before retaking (Va. Code § 38.2-1817 B; checked 2026-09-05). Two adjacent numbers from the same statute: an unused registration forfeits the fee after 90 calendar days, and a passing grade goes stale if you do not obtain the license within 183 calendar days (Va. Code § 38.2-1817 E, F; checked 2026-09-05).

Prelicensing education — state this one correctly. Virginia imposes a statutory prelicensing education requirement on title insurance agents (§ 38.2-1814.1 — 16 hours of prelicensing instruction, classroom or distance education, completed within the one year before the examination (Va. Code § 38.2-1814.1 A, B; checked 2026-09-05)). Virginia does not impose a comparable state-mandated prelicensing course requirement on life and annuities or health agents; those applicants must pass the examination, but the Commonwealth does not require a certified course first. Prep courses are sold and are a good idea — they simply are not a licensing prerequisite. § 38.2-1814.1 is the only prelicensing-course requirement in Title 38.2, and the Bureau's own application checklists ask a resident only to "Pass appropriate pre-licensing examination" (Va. Code § 38.2-1814.1; Virginia Licensing Information Bulletin eff. December 13, 2024, individual-license checklists; checked 2026-09-05). It is still policy a General Assembly session could change.

Appointments. A license lets you hold yourself out; an appointment lets you write for a particular insurer. § 38.2-1824 lists the kinds of licenses and appointments; § 38.2-1827 provides an appointment may cover one or more classes, with life and health appointments separate from property and casualty. The insurer files the appointment and pays the fee: it must either reject the application or notify the Commission of the appointment within 30 calendar days of the first application or policy the licensed-but-unappointed agent submits, give the agent verification inside that same 30 days, and pay a nonrefundable appointment processing fee set between $7 and $25 (Va. Code § 38.2-1833 A, C, D; checked 2026-09-05). On termination the insurer must notify the agent within five calendar days and promptly notify the Commission (Va. Code § 38.2-1834 B; checked 2026-09-05); the reason has to be certified in writing to the Commission within 30 calendar days only where the termination is for a § 38.2-1831 ground, and the agent then has 30 calendar days after receiving his copy to file written comments (Va. Code § 38.2-1834.1 A, C; checked 2026-09-05). § 38.2-1821 is the trap: revocation of the license revokes every appointment held under it.

Renewal and reinstatement. § 38.2-1825 governs duration; § 38.2-1825.1 governs renewal. Virginia runs resident individual licenses on a biennial cycle keyed to the licensee's birth month; renewal requires the application, the fee, and proof of CE compliance. An unrenewed license expires, with reinstatement available within a limited window on payment of an increased fee and proof of CE — after which the applicant must qualify as new and re-examine. The numbers: renewal is biennial, expiring at the end of the agent's birth month in even-numbered years for an agent born in an even-numbered year and in odd-numbered years for one born in an odd-numbered year; the renewal application processing fee is again not less than $10 nor more than $20 per line of authority; and a terminated license may be reinstated within 12 months of the renewal date without re-examination on a renewal application, a reinstatement fee equal to double the renewal fee, and satisfaction of CE (Va. Code § 38.2-1825.1 A, D, E; checked 2026-09-05). § 38.2-1826 requires reporting to the Commission within 30 calendar days of any change of residence address, email address, or name; within 30 calendar days of a felony conviction; and within 30 calendar days of the final disposition of an administrative action taken in another jurisdiction (Va. Code § 38.2-1826 A–C; checked 2026-09-05). Trap: the statute is keyed to a felony conviction and to a final disposition, not to a prosecution being filed. Failing to report is itself a violation.

Temporary licenses (§ 38.2-1830). Issued without examination to keep a book serviced when the agent is gone: on the death of an agent, to his personal representative, surviving spouse, employee, child, or next of kin; on his inability to act through sickness, injury, or mental incapacity, to his spouse, child, next of kin, employee, or legal representative; on the sale of the agent's business, to a person employed in it; and to a prospective home service (debit) agent (Va. Code § 38.2-1830 A; checked 2026-09-05). Each runs 180 calendar days, and an individual may hold only one temporary life and health license and one temporary property and casualty license in a lifetime, though the Commission may renew one for good cause (Va. Code § 38.2-1830 D, G; checked 2026-09-05). The purpose is to protect policyholders and the value of the business — not to let an unlicensed person start selling.

Moving to Virginia and nonresidents. § 38.2-1818 gives an individual licensed in another state or Canadian province who moves to Virginia 90 calendar days from establishing legal residence to apply for a resident license — and bars him from selling, soliciting, or negotiating in the Commonwealth in the meantime. Miss the 90 days and he must satisfy every resident prelicensing requirement (Va. Code § 38.2-1818 B; checked 2026-09-05). An agent already holding a nonresident Virginia license may keep operating under it, appointments intact, for the same 90 calendar days (Va. Code § 38.2-1818 A; checked 2026-09-05). Chapter 18 also contains a parallel article for nonresident agents; Virginia participates in the NARAB reciprocity regime, so an agent licensed and in good standing in their home state may generally obtain a Virginia nonresident license without sitting for the Virginia examination where the home state reciprocates, and generally satisfies Virginia CE by satisfying home-state CE.

Grounds for discipline (§ 38.2-1831) — the most testable licensing statute in Virginia. The Commission may place on probation, refuse to issue or renew, suspend, or revoke, and/or impose a penalty, for: materially incorrect, misleading, incomplete, or untrue information in an application; violating any insurance law, regulation, subpoena, or order of the Commission or of another state's regulator; obtaining a license by misrepresentation or fraud; improperly withholding, misappropriating, or converting money received in the insurance business; misrepresenting the terms of a policy or application; conviction of a felony; committing an unfair trade practice or insurance fraud; fraudulent, coercive, or dishonest practices, or incompetence, untrustworthiness, or financial irresponsibility; having a license denied, suspended, or revoked in another state; forgery; cheating on a licensing examination; knowingly accepting business from an unlicensed person; and failing to comply with a child support or tax order. Two consequences: an out-of-state revocation is independently actionable here, and because § 38.2-1826 forces you to report these events, concealing one converts a survivable matter into a fatal one.

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