[Rev. 11/21/2013 1:08:41
PM--2013]
CHAPTER 684A - ADJUSTERS
NRS 684A.010 Applicability;
short title.
NRS 684A.015 Definitions.
NRS 684A.020 “Adjuster”
defined.
NRS 684A.023 “Automated
claims adjudication system” defined.
NRS 684A.027 “Home
state” defined.
NRS 684A.030 “Independent,”
“public” and “associate adjuster” defined.
NRS 684A.035 Applicability
of other provisions of NRS.
NRS 684A.040 License
required; penalties.
NRS 684A.050 Concurrent
licensing as independent and public adjuster prohibited.
NRS 684A.055 Licensing
of person in business of repairing bodies of automobiles prohibited.
NRS 684A.060 Exceptions
to requirement of licensing: Agents; catastrophes.
NRS 684A.070 Qualifications
for license for natural person; denial, suspension, revocation of or limitation
on license for committing certain crime.
NRS 684A.080 Licensing
of firm or corporation.
NRS 684A.090 Application
for license; penalty. [Effective until the date of the repeal of 42 U.S.C. §
666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 684A.090 Application
for license; penalty. [Effective on the date of the repeal of 42 U.S.C. § 666,
the federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
NRS 684A.100 Examination
for license.
NRS 684A.105 Exemption
from examination.
NRS 684A.110 Issuance
of license; notice of refusal to issue license; fees not refundable; name of
licensee.
NRS 684A.120 Form
and contents of license.
NRS 684A.130 Expiration
and renewal of license. [Effective until the date of the repeal of 42 U.S.C. §
666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 684A.130 Expiration
and renewal of license. [Effective on the date of the repeal of 42 U.S.C. §
666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 684A.140 Associate
adjuster: Application for license; fee; license; penalty. [Effective until the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 684A.140 Associate
adjuster: Application for license; fee; license; penalty. [Effective on the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 684A.143 Payment
of child support: Statement by applicant for license; grounds for denial of
license; duty of Commissioner. [Effective until the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 684A.147 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 684A.150 Temporary
license as independent adjuster.
NRS 684A.160 Fee
for adjuster’s license.
NRS 684A.170 Place
of business; display of license.
NRS 684A.180 Records.
NRS 684A.190 Responsibility
for employees.
NRS 684A.200 Nonresident
licensees: Service of process; agreement to appear.
NRS 684A.210 Suspension,
revocation or limitation of license: Grounds; surrender of license.
NRS 684A.220 Suspension,
revocation or limitation of license: Applicable provisions.
NRS 684A.230 Duration
of suspension.
NRS 684A.240 Commissioner
may levy fine; recovery of fine.
NRS 684A.250 Court
may impose fine in lieu of Commissioner’s penalty.
NRS 684A.260 Reinstatement
of license; relicensing; limitations.
_________
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NRS 684A.010 Applicability; short title. This
chapter applies to adjusters only as defined in NRS
684A.020, and does not apply to any person who adjusts or settles claims
relating to life or health coverage or annuities. This chapter may be cited as
the Nevada Insurance Adjusters Law.
(Added to NRS by 1971, 1661; A 1981, 270)
NRS 684A.015 Definitions. As
used in this Code, unless the context otherwise requires, the words and terms
defined in NRS 684A.020 to 684A.030,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2011, 3362)
NRS 684A.020 “Adjuster” defined.
1. Except as otherwise provided in
subsection 2, “adjuster” means any person who, for compensation as an
independent contractor or for a fee or commission, investigates and settles,
and reports to his or her principal relative to, claims:
(a) Arising under insurance contracts for
property, casualty or surety coverage, on behalf solely of the insurer or the
insured; or
(b) Against a self-insurer who is providing
similar coverage, unless the coverage provided relates to a claim for
industrial insurance.
2. For the purposes of this chapter:
(a) An associate adjuster, as defined in NRS 684A.030;
(b) An attorney at law who adjusts insurance
losses from time to time incidental to the practice of his or her profession;
(c) An adjuster of ocean marine losses;
(d) A salaried employee of an insurer;
(e) A salaried employee of a managing general
agent maintaining an underwriting office in this state;
(f) An employee of an independent adjuster or an
employee of an affiliate of an independent adjuster who is one of not more than
25 such employees under the supervision of an independent adjuster or licensed
agent and who:
(1) Collects information relating to a claim
for coverage arising under an insurance contract from or furnishes such
information to an insured or a claimant; and
(2) Conducts data entry, including,
without limitation, entering data into an automated claims adjudication system;
(g) A licensed agent who supervises not more than
25 employees described in paragraph (f);
(h) A person who is employed only to collect
factual information concerning a claim for coverage arising under an insurance
contract;
(i) A person who is employed only to provide technical
assistance to an independent adjuster;
(j) A person who is employed to investigate
suspected fraudulent claims for coverage arising under an insurance contract
but who does not adjust losses or determine the payment of claims;
(k) A person who performs only executive,
administrative, managerial or clerical duties, or any combination thereof, but
does not investigate or settle claims for coverage arising under an insurance
contract;
(l) A licensed health care provider or any
employee thereof who provides managed care services if those services do not
include the determination of compensability;
(m) A managed care organization or any employee
thereof or an organization that provides managed care services or any employee
thereof if the services provided do not include the determination of
compensability;
(n) A person who settles only reinsurance or
subrogation claims;
(o) A broker, agent or representative of a risk
retention group;
(p) An attorney-in-fact of a reciprocal insurer;
or
(q) A manager of a branch office of an alien
insurer that is located in the United States,
Ê is not
considered an adjuster.
(Added to NRS by 1971, 1661; A 1981, 270; 1987, 141; 1993, 2389; 1995, 1615; 2011, 1018,
3362)
NRS 684A.023 “Automated claims adjudication system” defined. “Automated claims adjudication system” means a
preprogrammed computer system which:
1. Is designed for the collection, data
entry, calculation and final resolution of claims arising under an insurance
contract for portable electronic insurance coverage;
2. Is used by a licensed adjuster,
licensed agent or person supervised by a licensed adjuster or licensed agent;
and
3. Complies with the requirements of this
Code concerning the payment of claims.
(Added to NRS by 2011, 1017)
NRS 684A.027 “Home state” defined. “Home
state” means:
1. The District of Columbia or any state
or territory of the United States in which an adjuster maintains his or her
principal place of residence or principal place of business and is licensed to
act as an adjuster; or
2. If neither the state in which the
adjuster maintains his or her principal place of residence nor the state in
which the adjuster maintains his or her principal place of business has a
licensing or examination requirement, a state:
(a) Which has an examination requirement;
(b) In which the adjuster is licensed; and
(c) Which the adjuster declares to be the home
state.
(Added to NRS by 2011, 3362)
NRS 684A.030 “Independent,” “public” and “associate adjuster” defined.
1. “Independent adjuster” means an
adjuster representing the interests of an insurer or a self-insurer.
2. “Public adjuster” means an adjuster
employed by and representing solely the financial interests of the insured
named in the policy.
3. “Associate adjuster” means an employee
of an adjuster who, under the direct supervision of the adjuster, assists in
the investigation and settlement of insurance losses on behalf of his or her
employer.
(Added to NRS by 1971, 1661; A 1987, 141; 2011, 3362)
NRS 684A.035 Applicability of other provisions of NRS.
1. The provisions of NRS 683A.341 and 686A.310 apply to adjusters and
associate adjusters.
2. For the purposes of subsection 1,
unless the context requires that a section apply only to producers of insurance
or insurers, any reference in those sections to “producer of insurance” or
“insurer” must be replaced by a reference to “adjuster or associate adjuster.”
(Added to NRS by 2011, 3362)
NRS 684A.040 License required; penalties.
1. No person may act as, or hold himself
or herself out to be, an adjuster or associate adjuster in this State unless
then licensed as such under the applicable independent adjuster’s license,
public adjuster’s license or associate adjuster’s license, as the case may be,
issued under the provisions of this chapter.
2. Any person violating the provisions of
this section is guilty of a gross misdemeanor.
3. A person who acts as an adjuster in
this State without a license is subject to an administrative fine of not more
than $1,000 for each violation.
(Added to NRS by 1971, 1662; A 2001, 2211; 2011, 3363)
NRS 684A.050 Concurrent licensing as independent and public adjuster
prohibited. The Commissioner may
license an individual as either an independent adjuster or as a public
adjuster. No individual shall be licensed concurrently under the same license
or separate licenses as an independent adjuster and as a public adjuster.
(Added to NRS by 1971, 1662)
NRS 684A.055 Licensing of person in business of repairing bodies of
automobiles prohibited. No person
who is engaged in the business of repairing the bodies of automobiles may:
1. Be licensed pursuant to this chapter.
2. Own a controlling interest in a firm or
corporation licensed pursuant to NRS 684A.080.
(Added to NRS by 1985, 484)
NRS 684A.060 Exceptions to requirement of licensing: Agents; catastrophes.
1. On behalf of, as authorized by, an
insurer as to which he or she is licensed as an agent under chapter 683A of NRS, an agent may from time to
time act as an adjuster without a license as an adjuster; but no such agent
shall act as an adjuster for an insurer with which the agent has a contract
providing for compensation retrospectively contingent upon losses incurred
under insurance sold or serviced by the agent.
2. No license shall be required of a
nonresident salaried adjuster or independent adjuster for the adjustment in
this state of one or more losses arising out of a catastrophe common to all
such losses where such losses are designated to be a catastrophe by responsible
insurance associations or the Commissioner.
(Added to NRS by 1971, 1662)
NRS 684A.070 Qualifications for license for natural person; denial,
suspension, revocation of or limitation on license for committing certain
crime.
1. For the protection of the people of
this State, the Commissioner may not issue or continue any license as an
adjuster except in compliance with the provisions of this chapter. Any person
for whom a license is issued or continued must:
(a) Be at least 18 years of age;
(b) Be competent, trustworthy, financially
responsible and of good reputation;
(c) Never have been convicted of, or entered a
plea of guilty, guilty but mentally ill or nolo contendere to, forgery,
embezzlement, obtaining money under false pretenses, larceny, extortion,
conspiracy to defraud or any crime involving moral turpitude;
(d) Unless exempted pursuant to NRS 684A.100 or 684A.105,
pass all examinations required under this chapter; and
(e) Not be concurrently licensed as a producer of
insurance for property, casualty or surety or a surplus lines broker, except as
a bail agent.
2. A natural person who is a resident of
this State applying for a license must, as part of his or her application and
at the applicant’s own expense:
(a) Arrange to have a complete set of his or her
fingerprints taken by a law enforcement agency or other authorized entity
acceptable to the Commissioner; and
(b) Submit to the Commissioner:
(1) A completed fingerprint card and
written permission authorizing the Commissioner to submit the applicant’s
fingerprints to the Central Repository for Nevada Records of Criminal History
for submission to the Federal Bureau of Investigation for a report on the
applicant’s background and to such other law enforcement agencies as the
Commissioner deems necessary; or
(2) Written verification, on a form
prescribed by the Commissioner, stating that the fingerprints of the applicant
were taken and directly forwarded electronically or by another means to the
Central Repository and that the applicant has given written permission to the
law enforcement agency or other authorized entity taking the fingerprints to
submit the fingerprints to the Central Repository for submission to the Federal
Bureau of Investigation for a report on the applicant’s background and to such
other law enforcement agencies as the Commissioner deems necessary.
3. The Commissioner may:
(a) Unless the applicant’s fingerprints are
directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection
2, submit those fingerprints to the Central Repository for submission to the
Federal Bureau of Investigation and to such other law enforcement agencies as
the Commissioner deems necessary;
(b) Request from each such agency any information
regarding the applicant’s background as the Commissioner deems necessary; and
(c) Adopt regulations concerning the procedures
for obtaining this information.
4. A conviction of, or plea of guilty,
guilty but mentally ill or nolo contendere by, an applicant or licensee for any
crime listed in paragraph (c) of subsection 1 is a sufficient ground for the
Commissioner to deny a license to the applicant, or to suspend, revoke or limit
the license of an adjuster pursuant to NRS 684A.210.
(Added to NRS by 1971, 1662; A 1971, 1939; 1977,
1328; 1997,
3028, 3379;
2005, 2127;
2007, 1480;
2011, 3363)
NRS 684A.080 Licensing of firm or corporation.
1. A firm or corporation may be licensed
either as an independent adjuster or public adjuster. Each general partner and
each other natural person to act for the firm, or each natural person to act
for the corporation, must be named in the license and must qualify as an
individual licensee. A natural person who is authorized to act for a firm or
corporation and who also wishes to be licensed in an individual capacity must
obtain a separate license in the natural person’s own name. The Commissioner
shall charge a full additional fee for each natural person named in the
license.
2. Transaction of business under the
license must be within the purposes stated in the firm’s partnership agreement
or the corporation’s charter.
3. The licensee shall promptly notify the
Commissioner in writing of all changes among its members, directors, officers
and other natural persons designated in the license.
(Added to NRS by 1971, 1663; A 1985, 1066; 2005, 2128)
NRS 684A.090 Application for license; penalty. [Effective until the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. The applicant for a license as an
adjuster shall file a written application therefor with the Commissioner on forms
prescribed and furnished by the Commissioner. As part of, or in connection
with, the application, the applicant shall furnish information as to his or her
identity, personal history, experience, financial responsibility, business
record and other pertinent matters as reasonably required by the Commissioner
to determine the applicant’s eligibility and qualifications for the license.
2. If the applicant is a natural person,
the application must include the social security number of the applicant.
3. If the applicant is a firm or
corporation, the application must designate each individual who is to exercise
the license powers and must include:
(a) The name of each member of the firm or each
officer and director of the corporation;
(b) The name of each executive officer and
director who owns more than 10 percent of the outstanding voting securities of
the applicant; and
(c) The name of any other individual who owns
more than 10 percent of the outstanding voting securities of the applicant.
Ê Each such
member, officer, director and individual shall furnish information to the
Commissioner as though applying for an individual license.
4. If the applicant is a nonresident of
this state, the application must be accompanied by an appointment of the
Commissioner as process agent and agreement to appear pursuant to NRS 684A.200.
5. The application must be accompanied by
the applicable license fee as specified in NRS
680B.010 and, in addition to any other fee or charge, all applicable fees
required pursuant to NRS 680C.110.
6. No applicant for such a license may
willfully misrepresent or withhold any fact or information called for in the
application form or in connection therewith. A violation of this subsection is
a gross misdemeanor.
(Added to NRS by 1971, 1663; A 1997, 2191; 2009, 1778;
2011, 1019)
NRS 684A.090 Application for license;
penalty. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal
law requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses for
child support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. The applicant for a license as an
adjuster shall file a written application therefor with the Commissioner on
forms prescribed and furnished by the Commissioner. As part of, or in
connection with, the application the applicant shall furnish information as to
his or her identity, personal history, experience, financial responsibility,
business record and other pertinent matters as reasonably required by the
Commissioner to determine the applicant’s eligibility and qualifications for
the license.
2. If the applicant is a firm or
corporation, the application must designate each individual who is to exercise
the license powers and must include:
(a) The name of each member of the firm or each
officer and director of the corporation;
(b) The name of each executive officer and
director who owns more than 10 percent of the outstanding voting securities of
the applicant; and
(c) The name of any other individual who owns
more than 10 percent of the outstanding voting securities of the applicant.
Ê Each such
member, officer, director and individual shall furnish information to the
Commissioner as though applying for an individual license.
3. If the applicant is a nonresident of
this state, the application shall be accompanied by an appointment of the Commissioner
as process agent and agreement to appear pursuant to NRS
684A.200.
4. The application shall be accompanied by
the applicable license fee as specified in NRS
680B.010 (fee schedule) and, in addition to any other fee or charge, all
applicable fees required pursuant to NRS
680C.110.
5. No applicant for such a license shall
willfully misrepresent or withhold any fact or information called for in the
application form or in connection therewith. A violation of this subsection is
a gross misdemeanor.
(Added to NRS by 1971, 1663; A 1997, 2191; 2009, 1778;
2011, 1019,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 684A.100 Examination for license. Each
person who intends to apply for a license as an adjuster must, before applying
for the license, personally take and pass to the Commissioner’s satisfaction a
written examination testing the applicant’s qualifications and competence to
act as an adjuster and his or her knowledge of pertinent provisions of this
Code unless:
1. The person:
(a) Is not a resident of this State;
(b) Has passed an examination to become licensed
as an adjuster in the person’s home state; and
(c) Is currently licensed and in good standing in
the person’s home state as an adjuster; or
2. The person was licensed in this State
as the same type of adjuster within the 24-month period immediately preceding
the date of the application, unless the previous license was revoked or
suspended or its continuation was refused by the Commissioner.
(Added to NRS by 1971, 1664; A 1981, 1805; 2011, 3364)
NRS 684A.105 Exemption from examination. An
adjuster whose license expires is exempt from retaking the examination required
by NRS 684A.100 if:
1. The adjuster:
(a) Is not a resident of this State;
(b) Has passed an examination to become licensed
as an adjuster in the person’s home state; and
(c) Is currently licensed and in good standing in
the person’s home state as an adjuster; or
2. The adjuster was licensed in this State
as the same type of adjuster within the 24-month period immediately preceding
the date of the application, unless the previous license was revoked or
suspended or its continuation was refused by the Commissioner.
(Added to NRS by 2001, 2211; A 2011, 3365)
NRS 684A.110 Issuance of license; notice of refusal to issue license; fees
not refundable; name of licensee.
1. If the Commissioner finds that the
application is complete, that the applicant has passed all required
examinations and is otherwise eligible and qualified for the license as an
adjuster, the Commissioner shall promptly issue the license. If the
Commissioner refuses to issue the license, the Commissioner shall promptly
notify the applicant in writing of the refusal, stating the grounds for the
refusal.
2. All fees paid by an applicant with an
application for a license shall be deemed earned when received and may not be
refunded.
3. An applicant for a license who desires
to use a name other than his or her true name must comply with the provisions
of NRS 683A.301.
(Added to NRS by 1971, 1664; A 1987, 461; 2001, 2212)
NRS 684A.120 Form and contents of license.
1. The Commissioner shall prescribe the
form of the adjuster license, which shall state:
(a) The licensee’s name and business address;
(b) The classification of the license, whether as
an independent adjuster or as a public adjuster;
(c) Date of issuance and general conditions as to
expiration and termination; and
(d) Such other conditions as the Commissioner
deems proper.
2. The Commissioner may not issue a
license in a trade name unless the name has been registered as provided by law.
(Added to NRS by 1971, 1665; A 1977, 1329)
NRS 684A.130 Expiration and renewal of license. [Effective until the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. Each license issued under this chapter
continues in force for 3 years unless it is suspended, revoked or otherwise
terminated. A license may be renewed upon payment of all applicable fees for
renewal to the Commissioner and submission of the statement required pursuant
to NRS 684A.143 if the licensee is a natural
person. The statement, if required, must be submitted and all applicable fees
must be paid on or before the last day of the month in which the license is
renewable.
2. Any license not so renewed expires at
midnight on the last day specified for its renewal. The Commissioner may accept
a request for renewal received by the Commissioner within 30 days after the
expiration of the license if the request is accompanied by:
(a) A fee for renewal of 150 percent of all
applicable fees otherwise required, except for any fee required pursuant to NRS 680C.110;
(b) If the person requesting renewal is a natural
person, the statement required pursuant to NRS
684A.143;
(c) Proof of successful completion of any
requirement for an examination unless exempt pursuant to NRS 684A.105; and
(d) If applicable, a request for a waiver of the
time limit for renewal and of any fine or sanction otherwise required or
imposed because of the failure of the licensee to renew his or her license because
of military service, extended medical disability or other extenuating
circumstance.
3. This section does not apply to
temporary licenses issued under NRS 684A.150.
(Added to NRS by 1971, 1665; A 1981, 1806; 1987, 151, 462; 1997, 2191; 2009, 1779;
2011, 3365;
2013, 3837)
NRS 684A.130 Expiration and renewal of
license. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal
law requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses for
child support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. Each license issued under this chapter
continues in force for 3 years unless it is suspended, revoked or otherwise
terminated. A license may be renewed upon payment of all applicable fees for
renewal to the Commissioner. All applicable fees must be paid on or before the
last day of the month in which the license is renewable.
2. Any license not so renewed expires at
midnight on the last day specified for its renewal. The Commissioner may accept
a request for renewal received by the Commissioner within 30 days after the
expiration of the license if the request is accompanied by:
(a) A fee for renewal of 150 percent of all
applicable fees otherwise required, except for any fee required pursuant to NRS 680C.110;
(b) Proof of successful completion of any
requirement for an examination unless exempt pursuant to NRS 684A.105; and
(c) If applicable, a request for a waiver of the
time limit for renewal and of any fine or sanction otherwise required or
imposed because of the failure of the licensee to renew his or her license
because of military service, extended medical disability or other extenuating
circumstance.
3. This section does not apply to
temporary licenses issued under NRS 684A.150.
(Added to NRS by 1971, 1665; A 1981, 1806; 1987, 151, 462; 1997, 2191; 2009, 1779;
2011, 3365;
2013, 3837,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 684A.140 Associate adjuster: Application for license; fee; license;
penalty. [Effective until the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. Concurrently with an application for a
license or for renewal of a license as an adjuster, the applicant or licensee
must provide an appointment for each associate adjuster employed by him or her
or to be employed by him or her contingent upon issuance of the license. Each
person who desires to become licensed as an associate adjuster must submit an
application to the Commissioner for such a license. The application must
include the social security number of the applicant.
2. Upon payment of all applicable fees,
the Commissioner shall issue and deliver to a licensed adjuster a license for
each associate authorized by the State to act on behalf of the licensee. The
Commissioner shall not issue a license as an associate adjuster to a person who
is licensed as a producer of insurance for property, casualty or surety or a
surplus lines broker.
3. The license of an associate adjuster
may be renewed upon payment of all applicable fees. The license terminates at
the same time as the license of the employing adjuster unless, within 30 days
after the termination of the license, the associate adjuster submits to the
Commissioner all applicable fees and a request to be employed by another
employing adjuster. The Commissioner shall promptly terminate an associate
adjuster’s license upon written request therefor by the employing adjuster.
4. A person shall not act as or hold
himself or herself out in this State to be an associate adjuster unless the person
holds a current license as such issued to the person by the Commissioner. A
violation of this provision is a gross misdemeanor.
(Added to NRS by 1971, 1665; A 1981, 1806; 1983, 918;
1985, 349; 1997, 2192; 2005, 2128; 2009, 1779)
NRS 684A.140 Associate adjuster:
Application for license; fee; license; penalty. [Effective on the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
1. Concurrently with an application for a
license or for renewal of a license as an adjuster, the applicant or licensee
must provide an appointment for each associate adjuster employed by him or her
or to be employed by him or her contingent upon issuance of the license. Each
person who desires to become licensed as an associate adjuster must submit an
application to the Commissioner for such a license.
2. Upon payment of all applicable fees,
the Commissioner shall issue and deliver to a licensed adjuster a license for
each associate authorized by the State to act in behalf of the licensee. The
Commissioner shall not issue a license as an associate adjuster to a person who
is licensed as a producer of insurance for property, casualty or surety or a
surplus lines broker.
3. The license of an associate adjuster
may be renewed upon payment of all applicable fees. The license terminates at
the same time as the license of the employing adjuster unless, not more than 30
days after the termination of the license, the associate adjuster submits to
the Commissioner all applicable fees and a request to be employed by another
employing adjuster. The Commissioner shall promptly terminate an associate
adjuster’s license upon written request therefor by the employing adjuster.
4. A person shall not act as or hold
himself or herself out in this State to be an associate adjuster unless the
person holds a current license as such issued to the person by the
Commissioner. A violation of this provision is a gross misdemeanor.
(Added to NRS by 1971, 1665; A 1981, 1806; 1983, 918;
1985, 349; 1997, 2192; 2005, 2128, 2129; 2009, 1779,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings)
NRS 684A.143 Payment of child support: Statement by applicant for license;
grounds for denial of license; duty of Commissioner. [Effective until the date
of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. A natural person who applies for the
issuance or renewal of a license shall submit to the Commissioner the statement
prescribed by the Division of Welfare and Supportive Services of the Department
of Health and Human Services pursuant to NRS
425.520. The statement must be completed and signed by the applicant.
2. The Commissioner shall include the
statement required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the
Commissioner.
3. A license may not be issued or renewed
by the Commissioner if the applicant is a natural person who:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the district
attorney or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the
Commissioner shall advise the applicant to contact the district attorney or
other public agency enforcing the order to determine the actions that the
applicant may take to satisfy the arrearage.
5. As used in this section, “license”
means:
(a) A license as an adjuster; and
(b) A license as an associate adjuster.
(Added to NRS by 1997, 2190; A 1999, 520; 2011, 3365)
NRS 684A.147 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state
to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. If the Commissioner receives a copy of
a court order issued pursuant to NRS
425.540 that provides for the suspension of all professional, occupational
and recreational licenses, certificates and permits issued to a person who is
the holder of a license, the Commissioner shall deem the license issued to that
person to be suspended at the end of the 30th day after the date on which the
court order was issued unless the Commissioner receives a letter issued to the
holder of the license by the district attorney or other public agency pursuant
to NRS 425.550 stating that the holder
of the license has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
2. The Commissioner shall reinstate a
license that has been suspended by a district court pursuant to NRS 425.540 if the Commissioner receives a
letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license
was suspended stating that the person whose license was suspended has complied
with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
3. As used in this section, “license”
means:
(a) A license as an adjuster; and
(b) A license as an associate adjuster.
(Added to NRS by 1997, 2191; A 1999, 520; 2011, 3366)
NRS 684A.150 Temporary license as independent adjuster.
1. In the event of death or inability to
act as a licensed independent adjuster, the Commissioner may issue a temporary
license as an independent adjuster to another individual qualified therefor
except as to the taking and passing of the required examination, to enable such
individual to continue the business of the deceased licensee or the licensee
who has a disability.
2. The temporary license shall be valid
for 6 months, or until the temporary licensee earlier qualifies for a regular
license as an independent adjuster, but the Commissioner may, in his or her
discretion, extend the temporary license period as reasonably necessary while
the temporary licensee is acting as an administrator or executor or is
otherwise using the license in endeavoring to settle the estate of a deceased
independent adjuster.
(Added to NRS by 1971, 1666)
NRS 684A.160 Fee for adjuster’s license. Before
the issuance or continuation of an adjuster’s license the applicant must pay a
fee established by the Commissioner of not more than $15 for deposit in the
Insurance Recovery Account created by NRS
679B.305.
(Added to NRS by 1971, 1666; A 1977, 1329; 1987, 152; 1995, 1102; 2005, 2129)
NRS 684A.170 Place of business; display of license.
1. Every adjuster shall have and maintain
in this state a place of business accessible to the public and from which the
licensee principally conducts transactions under his or her license. The
address of such place shall appear upon the application for a license and upon
the license, when issued, and the licensee shall promptly notify the
Commissioner in writing of any change thereof. Nothing in this section shall
prohibit the maintenance of such place in the licensee’s residence in this
state.
2. The license of the licensee and those
of associate adjusters employed by the licensee shall be conspicuously
displayed in such place of business in a part thereof customarily open to the
public.
(Added to NRS by 1971, 1666)
NRS 684A.180 Records.
1. Each adjuster shall keep at his or her
business address shown on the adjuster’s license a record of all transactions
under the license.
2. The record shall include:
(a) A copy of all investigations or adjustments
undertaken.
(b) A statement of any fee, commission or other
compensation received or to be received by the adjuster on account of such
investigation or adjustment.
3. The adjuster shall make such records
available for examination by the Commissioner at all times, and shall retain
the records for at least 3 years.
(Added to NRS by 1971, 1667)
NRS 684A.190 Responsibility for employees. All
business transacted by an adjuster under the adjuster’s license shall be in his
or her name, and the adjuster shall be responsible for the acts or omissions of
his or her employees within the scope of their employment.
(Added to NRS by 1971, 1667)
NRS 684A.200 Nonresident licensees: Service of process; agreement to appear. Nonresidents of this state who are granted
licenses as adjusters pursuant to NRS 684A.070 are
also subject to NRS 683A.281.
(Added to NRS by 1971, 1667; A 2001, 2212; 2011, 3366)
NRS 684A.210 Suspension, revocation or limitation of license: Grounds;
surrender of license.
1. The Commissioner may suspend, revoke,
limit or refuse to continue any adjuster’s license or associate adjuster’s
license:
(a) For any cause specified in any other
provision of this chapter;
(b) For any applicable cause for revocation of
the license of a producer of insurance under NRS 683A.451; or
(c) If the licensee has for compensation
represented or attempted to represent both the insurer and the insured in the
same transaction.
2. The license of a firm or corporation
may be suspended, revoked, limited or continuation refused for any cause which
relates to any individual designated in or with respect to the license to
exercise its powers.
3. The holder of any license which has
been suspended or revoked shall forthwith surrender the license to the
Commissioner.
(Added to NRS by 1971, 1667; A 2001, 2212)
NRS 684A.220 Suspension, revocation or limitation of license: Applicable
provisions. NRS 683A.451, 683A.461 and 683A.480 also apply to suspension,
revocation, limitation or refusal to continue adjusters’ licenses and associate
adjusters’ licenses, except where in conflict with the express provisions of
this chapter.
(Added to NRS by 1971, 1667; A 2001, 2212)
NRS 684A.230 Duration of suspension. Every
order suspending any license shall specify the period during which the
suspension shall be effective, which period shall in no event exceed 12 months.
(Added to NRS by 1971, 1668)
NRS 684A.240 Commissioner may levy fine; recovery of fine.
1. In addition to or in lieu of the
suspension, revocation or refusal to renew any adjuster’s license for any of
the causes referred to in NRS 684A.210, after
hearing thereon or upon waiver of hearing by the licensee, the Commissioner may
levy upon the licensee an administrative fine in any amount not less than $25
nor more than $500.
2. In his or her order levying the fine
the Commissioner shall specify a period of not less than 15 days nor more than
30 days after the date of the order within which the fine must be paid in full.
3. If the fine is not paid when due, the
Commissioner shall revoke the license involved, if not already revoked, and the
fine must be recovered in a civil action brought by the Attorney General in the
Commissioner’s behalf.
4. All fines recovered pursuant to this
section must be deposited with the State Treasurer for credit to the State
General Fund.
(Added to NRS by 1971, 1668; A 1983, 1545; 1993, 1916, 2389; 1995, 579)
NRS 684A.250 Court may impose fine in lieu of Commissioner’s penalty.
1. Upon the hearing of an appeal from the
Commissioner’s order suspending, revoking or refusing to continue any license
issued under the provisions of this chapter, the court, if it finds that the
licensee is guilty of a violation of the law, and if it deems the suspension,
revocation or refusal too severe a penalty under the facts as found, may impose
a fine of not more than $500 in lieu thereof. Payment of the fine within 10
days thereafter shall reinstate, restore or continue the license.
2. If it appears that a license of the
licensee has theretofore been suspended, revoked or refused for a similar
offense, the court shall not have jurisdiction to impose a fine in lieu of the
action required by the order appealed from.
(Added to NRS by 1971, 1668)
NRS 684A.260 Reinstatement of license; relicensing; limitations. The Commissioner shall not reinstate the
adjuster’s license of or relicense any licensee or former licensee whose
license has been suspended or revoked until any cause for such suspension or
revocation, not being a cause continuing in character, arising after issuance
of the license no longer exists, or until any fine theretofore levied on the
licensee under NRS 684A.240 or 684A.250 has been fully paid.
(Added to NRS by 1971, 1668)
