23-64-209. Qualifications for adjuster's license.

23-64-209. Qualifications for adjuster's license. (a) No person shall, in this state, act as or hold himself or herself out to be an adjuster unless then licensed therefor under this chapter. Application for license shall be made to the Insurance Commissioner according to forms as prescribed and furnished by him or her. The commissioner shall issue the adjuster's license for property insurance, or for casualty insurance, or for workers' compensation insurance, or for any combination thereof as to individuals qualified therefor upon payment of the nonrefundable license fee stated in § 23-61-401. (b) To be licensed as an adjuster, the applicant must be qualified as follows: (1) Must be of the legal age of majority, or have had the disabilities of minority removed for all general purposes and provide evidence of same; (2)(A) Must be a resident of this state or licensed by another state that permits residents of this state to act as adjusters in the other state. (B) A resident of another state or foreign country shall not be licensed as a nonresident independent adjuster in this state unless the person is licensed as an adjuster in another state; (3) [Repealed.] (4) Must be deemed by the commissioner to be competent, trustworthy, financially responsible, and of good personal and business reputation; (5) Must have and maintain in this state an office accessible to the public and keep therein the usual and customary records pertaining to transactions under the license. This provision shall not be deemed to prohibit maintenance of an office in the home of the licensee. A licensed, nonresident adjuster shall not be required to maintain an office in this state; (6)(A)(i) Must pass a written examination as to his or her competence to act as a property, casualty, or workers' compensation insurance adjuster as shall be required by the commissioner. (ii) The commissioner may give, conduct, and grade all examinations or he or she may arrange to have examinations administered and graded by an independent testing service as specified by contract, in a fair and impartial manner, and without unfair discrimination as between individuals examined. (iii) The commissioner may require a waiting period of four (4) weeks before reexamination of an applicant who thrice failed to pass previous similar examinations. This waiting period applies after every third unsuccessful attempt. (iv) The nonrefundable application fee shall be the same as that charged an applicant for license as an agent or broker under § 23-61-401. (B)(i) If the application is approved and if the nonrefundable application fee is paid, an examination permit will be issued to the applicant. (ii) The permit will be valid for a period of ninety (90) days from the date of issuance. (iii) If the applicant does not schedule and appear for examination within that ninety-day period, the permit shall expire and the applicant may be required to file a new application and shall pay another nonrefundable application fee before issuance of another examination permit to the applicant. (iv) If the applicant appears for examination but fails to pass such an examination, the applicant shall be required to pay a nonrefundable reexamination fee before reexamination. (C) By reciprocal arrangements with the insurance supervisory official in the other state, the commissioner may waive written examination of a nonresident applicant for license as an adjuster, if the official certifies that the applicant is licensed as a resident adjuster of that state and has complied with its qualification standards therefor. (c) A firm, limited liability company, or corporation, whether or not organized under the laws of this state, may be licensed as an adjuster if each individual who is to exercise the license powers is named in the license and is qualified as for an individual licensed as adjuster. An additional full license fee shall be paid as to each individual in excess of one (1), so named in the license to exercise its powers. (d)(1)(A) An adjuster who is sent into this state on behalf of an insurer for the purpose of investigating or making adjustment of a loss resulting from a catastrophe under an insurance policy is not required to be qualified or licensed under this section if within ten (10) business days of entering the state the adjuster notifies the commissioner in writing of the adjuster's activities on behalf of the insurer. (B) An adjuster shall cease and desist adjusting activity in this state within ninety (90) days of the notification described in subdivision (d)(1)(A) of this section or obtain an adjuster's license under this subchapter if otherwise required by the insurance laws of this state. (2)(A) An adjuster operating in this state under subdivision (d)(1)(A) of this section may request an additional ninety (90) days to obtain an adjuster's license in this state upon application for an extension to the commissioner. (B) The commissioner has the discretion to approve a request for an extension described in subdivision (d)(2)(A) of this section. (e)(1)(A) Unless exempt under subdivision (e)(2) of this section, a licensed adjuster shall successfully complete and report a minimum of twenty-four (24) hours of continuing education courses approved by the commissioner within the time established by rule of the commissioner. (B) At least three (3) hours of continuing education required by this subsection shall be in an ethics course approved by the commissioner. (2) This subsection does not apply to an adjuster licensed in: (A) This state for less than one (1) year; or (B) Another state if the adjuster has satisfied the continuing education requirements of the licensing state.