(1) A person, wherever located, shall not act as a provider with an owner who is a resident of this state or if there is more than one owner on a single policy and one of the owners is a resident of this state, without first having obtained a license from the commissioner.

     (2) An application for a provider license shall be made to the commissioner by the applicant on a form prescribed by the commissioner, and the application shall be accompanied by a licensing fee in the amount of two hundred fifty dollars, which shall be deposited to the insurance commissioner's regulatory account under RCW 48.02.190.

     (3) All provider licenses shall continue in force until suspended, revoked, or not renewed. A license shall be subject to renewal annually on the first day of July upon application of the provider and payment of a renewal fee of two hundred fifty dollars, which shall be deposited to the insurance commissioner's regulatory account under RCW 48.02.190. If not so renewed, the license shall automatically expire on the renewal date.

     (a) If the renewal fee is not received by the commissioner prior to the expiration date, the provider shall pay to the commissioner in addition to the renewal fee, a surcharge as follows:

     (i) For the first thirty days or part thereof delinquency the surcharge is fifty percent of the renewal fee;

     (ii) For the next thirty days or part thereof delinquency the surcharge is one hundred percent of the renewal fee;

     (b) If the renewal fee is not received by the commissioner after sixty days but prior to twelve months after the expiration date the payment of the renewal fee shall be for reinstatement of the license and the provider shall pay to the commissioner the renewal fee and a surcharge of two hundred percent.

     (4) Subsection (3)(a) and (b) of this section does not exempt any person from any penalty provided by law for transacting a life settlement business without a valid and subsisting license.

     (5) The applicant shall provide such information as the commissioner may require on forms prescribed by the commissioner. The commissioner has the authority, at any time, to require such an applicant to fully disclose the identity of its stockholders, partners, officers, and employees, and the commissioner may, in the exercise of the commissioner's sole discretion, refuse to issue such a license in the name of any person if not satisfied that any officer, employee, stockholder, or partner thereof who may materially influence the applicant's conduct meets the standards of this chapter.

     (6) A license issued to a partnership, corporation, or other entity authorizes all members, officers, and designated employees to act as a licensee under the license, if those persons are named in the application and any supplements to the application.

     (7) Upon the filing of an application for a provider's license and the payment of the license fee, the commissioner shall make an investigation of each applicant and may issue a license if the commissioner finds that the applicant:

     (a) Has provided a detailed plan of operation;

     (b) Is competent and trustworthy and intends to transact its business in good faith;

     (c) Has a good business reputation and has had experience, training, or education so as to be qualified in the business for which the license is applied;

     (d)(i) Has demonstrated evidence of financial responsibility in a form and in an amount prescribed by the commissioner by rule.

     (ii) The commissioner may ask for evidence of financial responsibility at any time the commissioner deems necessary;

     (e) If the applicant is a legal entity, is formed or organized pursuant to the laws of this state, is a foreign legal entity authorized to transact business in this state, or provides a certificate of good standing from the state of its domicile; and

     (f) Has provided to the commissioner an antifraud plan that meets the requirements of RCW 48.102.140 and includes:

     (i) A description of the procedures for detecting and investigating possible fraudulent acts and procedures for resolving material inconsistencies between medical records and insurance applications;

     (ii) A description of the procedures for reporting fraudulent insurance acts to the commissioner;

     (iii) A description of the plan for antifraud education and training of its underwriters and other personnel; and

     (iv) A written description or chart outlining the arrangement of the antifraud personnel who are responsible for the investigation and reporting of possible fraudulent insurance acts and investigating unresolved material inconsistencies between medical records and insurance applications.

     (8)(a) A nonresident provider shall appoint the commissioner as its attorney to receive service of, and upon whom shall be served, all legal process issued against it in this state upon causes of action arising within this state. Service upon the commissioner as attorney shall constitute service upon the provider. Service of legal process against the provider can be had only by service upon the commissioner.

     (b) With the appointment the provider shall designate the person to whom the commissioner shall forward legal process so served upon him or her. The provider may change the person by filing a new designation.

     (c) The appointment of the commissioner as attorney shall be irrevocable, shall bind any successor in interest or to the assets or liabilities of the provider, and shall remain in effect as long as there is in this state any contract made by the provider or liabilities or duties arising therefrom.

     (d) Duplicate copies of legal process against a provider for whom the commissioner is attorney shall be served upon him or her either by a person competent to serve summons, or by registered mail. At the time of service the plaintiff shall pay to the commissioner ten dollars, taxable as costs in the action.

     (e) The commissioner shall immediately send one of the copies of the process, by registered mail with return receipt requested, to the person designated for the purpose by the provider in its most recent designation filed with the commissioner.

     (f) The commissioner shall keep a record of the day and hour of service upon him or her of all legal process. Proceedings shall not be had against the provider, and the provider shall not be required to appear, plead, or answer until the expiration of forty days after the date of service upon the commissioner.

     (9) A provider may not use any person to perform the functions of a broker unless the person is authorized to act as a broker under this chapter.

     (10) A provider shall provide to the commissioner new or revised information about officers, stockholders, partners, directors, members, or designated employees within thirty days of the change.

[2009 c 104 § 3.]