West Virginia Code § 33-46-14

Nonresident administrator
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(a) Unless an administrator has obtained a home state license in this state under section
twelve of this article, any administrator who performs administrator duties in this state shall
obtain a nonresident administrator license in accordance with this section by filing with the
commissioner the uniform application, accompanied by a letter of certification. In lieu of
requiring an administrator to file a letter of certification with the uniform apeplication, the
commissioner may verify the nonresident administrator's home state certificate of authority
or license status through an electronic database maintained by the natironal association of
Insurance Commissioners, its affiliates or subsidiaries.
(b) An administrator is not eligible for a nonresident administrator license under this section
if it does not hold a certificate of authority or license as a retsident in a home state that has
adopted the national association of Insurance Commissioners' model third-party
administrator act or a substantially similar law governing administrators.
(c) Except as provided in subsections (b) and (h) ofl this section, the commissioner shall issue
to the administrator a nonresident administrastor license promptly upon receipt of a complete
application and the application fee.
(d) Unless notified by the commissiogner that the commissioner is able to verify the
nonresident administrator's home state certificate of authority or license status through an
electronic database maintained by the national association of Insurance Commissioners, its
affiliates or subsidiaries, each nonresident administrator shall annually file a statement that
its home state administrator certificate of authority or license remains in force and has not
been revoked or suspended by its home state during the preceding year.
(e) At the time of filing the statement required under subsection (d) of this section or, if the
commissioner has notified the nonresident administrator that the commissioner is able to
verify the nonresident administrator's home state certificate of authority or license status
throWugh an electronic database, on or before October 1, the nonresident administrator shall
pay the fee set forth in section fifteen of this article.
(f) An administrator licensed or applying for licensure under this section shall produce its
accounts, records and files for examination and make its officers available to give
information with respect to its affairs as often as reasonably required by the commissioner.
(g) A nonresident administrator is not required to hold a nonresident administrator license in
this state if the administrator's duties in this state are limited to the administration of a
group policy or plan of insurance and no more than a total of one hundred lives for all plans
reside in this state. This subsection applies only to multistate administrators. The
administrator must be licensed in its home state regardless of the number of lives under a
group policy or plan.
(h) The commissioner may refuse to issue a nonresident administrator license, or may delay
the issuance of a nonresident administrator license, if the commissioner determines that,
due to events or information obtained subsequent to the home state's licensure of the
administrator, the nonresident administrator cannot satisfy the requirements of this article
or that grounds exist for the home state's revocation or suspension of the administrator's
home state certificate of authority or license. In that event, the commissioner shall give
written notice of its determination to the commissioner of the home state and the
commissioner may delay the issuance of a nonresident administrator licensee to the
nonresident administrator until such time, if at all, that the commissioner determines that
the administrator can satisfy the requirements of this article and that nro grounds exist for
the home state's revocation or suspension of the administrator's home state certificate of
authority or license.

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