2005 Nevada Revised Statutes - Chapter 684A — Adjusters

CHAPTER 684A - ADJUSTERS

NRS 684A.010 Applicability;short title.

NRS 684A.020 Adjusterdefined.

NRS 684A.030 Independent,public and associate adjuster defined.

NRS 684A.040 Licenserequired; penalties; issuance of limited license.

NRS 684A.050 Concurrentlicensing as independent and public adjuster prohibited.

NRS 684A.055 Licensingof person in business of repairing bodies of automobiles prohibited.

NRS 684A.060 Exceptionsto requirement of licensing: Agents; catastrophes.

NRS 684A.070 Qualificationsfor license for natural person; waiver of residency requirement; denial,suspension, revocation of or limitation on license for committing certaincrime.

NRS 684A.080 Licensingof firm or corporation.

NRS 684A.090 Applicationfor license; penalty. [Effective until the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

NRS 684A.090 Applicationfor license; penalty. [Effective on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

NRS 684A.100 Examinationfor license.

NRS 684A.105 Exemptionfrom examination: Relicensing within 6 months after expiration of license.

NRS 684A.110 Issuanceof license; notice of refusal to issue license; fees not refundable; name oflicensee.

NRS 684A.120 Formand contents of license.

NRS 684A.130 Expirationand renewal of license. [Effective until the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

NRS 684A.130 Expirationand renewal of license. [Effective on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

NRS 684A.140 Associateadjuster: Application for license; fee; license; penalty. [Effective until thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 684A.140 Associateadjuster: Application for license; fee; license; penalty. [Effective on thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

NRS 684A.143 Paymentof child support: Statement by applicant for license; grounds for denial oflicense; duty of Commissioner. [Expires by limitation on the date of the repealof the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 684A.147 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 684A.150 Temporarylicense as independent adjuster.

NRS 684A.155 Limitedlicense: Commissioner authorized to issue to adjuster licensed in adjoiningstate; terms; powers. [Effective until the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

NRS 684A.155 Limitedlicense: Commissioner authorized to issue to adjuster licensed in adjoiningstate; terms; powers. [Effective on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 684A.160 Feefor adjusters license.

NRS 684A.170 Placeof business; display of license.

NRS 684A.180 Records.

NRS 684A.190 Responsibilityfor employees.

NRS 684A.200 Nonresidentlicensees: 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 Durationof suspension.

NRS 684A.240 Commissionermay levy fine; recovery of fine.

NRS 684A.250 Courtmay impose fine in lieu of Commissioners penalty.

NRS 684A.260 Reinstatementof license; relicensing; limitations.

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NRS 684A.010 Applicability;short title. This chapter applies to adjustersonly as defined in NRS 684A.020, anddoes not apply to any person who adjusts or settles claims relating to life orhealth coverage or annuities. This chapter may be cited as the Nevada InsuranceAdjusters Law.

(Added to NRS by 1971, 1661; A 1981, 270)

NRS 684A.020 Adjusterdefined.

1. As used in this Code, adjuster means any personwho, for compensation as an independent contractor or for a fee or commission,investigates and settles, and reports to his 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 similarcoverage, unless the coverage provided relates to a claim for industrialinsurance.

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 lossesfrom time to time incidental to the practice of his profession;

(c) An adjuster of ocean marine losses;

(d) A salaried employee of an insurer; or

(e) A salaried employee of a managing general agentmaintaining an underwriting office in this state,

is notconsidered an adjuster.

(Added to NRS by 1971, 1661; A 1981, 270; 1987, 141;1993, 2389; 1995, 1615)

NRS 684A.030 Independent,public and associate adjuster defined. Asused in this Code:

1. Independent adjuster means an adjusterrepresenting the interests of an insurer or a self-insurer.

2. Public adjuster means an adjuster employed by andrepresenting solely the financial interests of the insured named in the policy.

3. Associate adjuster means an employee of anadjuster who, under the direct supervision of the adjuster, assists in the investigationand settlement of insurance losses on behalf of his employer.

(Added to NRS by 1971, 1661; A 1987, 141)

NRS 684A.040 Licenserequired; penalties; issuance of limited license.

1. No person may act as, or hold himself out to be, anadjuster or associate adjuster in this State unless then licensed as such underthe applicable independent adjusters license, public adjusters license orassociate adjusters license, as the case may be, issued under the provisionsof this chapter.

2. For purposes of this chapter, the Commissioner mayissue a limited license to an adjuster handling claims under a contract of oneor more of the kinds of insurance defined in NRS 681A.010 to 681A.080, inclusive.

3. Any person violating the provisions of this sectionis guilty of a gross misdemeanor.

4. A person who acts as an adjuster in this Statewithout a license is subject to an administrative fine of not more than $1,000for each violation.

(Added to NRS by 1971, 1662; A 2001, 2211)

NRS 684A.050 Concurrentlicensing as independent and public adjuster prohibited. The Commissioner may license an individual as either anindependent adjuster or as a public adjuster. No individual shall be licensedconcurrently under the same license or separate licenses as an independentadjuster and as a public adjuster.

(Added to NRS by 1971, 1662)

NRS 684A.055 Licensingof person in business of repairing bodies of automobiles prohibited. No person who is engaged in the business of repairing thebodies of automobiles may:

1. Be licensed pursuant to this chapter.

2. Own a controlling interest in a firm or corporationlicensed pursuant to NRS 684A.080.

(Added to NRS by 1985, 484)

NRS 684A.060 Exceptionsto requirement of licensing: Agents; catastrophes.

1. On behalf of, as authorized by, an insurer as towhich he is licensed as an agent under chapter683A of NRS, an agent may from time to time act as an adjuster without alicense as an adjuster; but no such agent shall act as an adjuster for an insurerwith which he has a contract providing for compensation retrospectively contingentupon losses incurred under insurance sold or serviced by him.

2. No license shall be required of a nonresidentsalaried adjuster or independent adjuster for the adjustment in this state ofone or more losses arising out of a catastrophe common to all such losses wheresuch losses are designated to be a catastrophe by responsible insuranceassociations or the Commissioner.

(Added to NRS by 1971, 1662)

NRS 684A.070 Qualificationsfor license for natural person; waiver of residency requirement; denial,suspension, revocation of or limitation on license for committing certaincrime.

1. For the protection of the people of this State, theCommissioner may not issue or continue any license as an adjuster except incompliance with the provisions of this chapter. Any person for whom a licenseis issued or continued must:

(a) Be at least 18 years of age;

(b) Except as otherwise provided in subsection 2, be aresident of this State, and have resided therein for at least 90 days beforehis application for the license;

(c) Be competent, trustworthy, financially responsibleand of good reputation;

(d) Never have been convicted of, or entered a plea ofguilty or nolo contendere to, forgery, embezzlement, obtaining money underfalse pretenses, larceny, extortion, conspiracy to defraud or any crimeinvolving moral turpitude;

(e) Have had at least 2 years recent experience withrespect to the handling of loss claims of sufficient character reasonably toenable him to fulfill the responsibilities of an adjuster;

(f) Pass all examinations required under this chapter;and

(g) Not be concurrently licensed as a producer ofinsurance for property, casualty or surety or a surplus lines broker, except asa bail agent.

2. The Commissioner may waive the residencyrequirement set forth in paragraph (b) of subsection 1 if the applicant is:

(a) An adjuster licensed under the laws of anotherstate who has been brought to this State by a firm or corporation with whom heis employed that is licensed as an adjuster in this State to fill a vacancy inthe firm or corporation in this State;

(b) An adjuster licensed in an adjoining state whoseprincipal place of business is located within 50 miles from the boundary ofthis State; or

(c) An adjuster who is applying for a limited licensepursuant to NRS 684A.155.

3. A conviction of, or plea of guilty or nolocontendere by, an applicant or licensee for any crime listed in paragraph (d)of subsection 1 is a sufficient ground for the Commissioner to deny a licenseto the applicant, or to suspend, revoke or limit the license of an adjusterpursuant to NRS 684A.210.

(Added to NRS by 1971, 1662; A 1971, 1939; 1977,1328; 1997, 3028, 3379; 2005, 2127)

NRS 684A.080 Licensingof firm or corporation.

1. A firm or corporation may be licensed either as anindependent adjuster or public adjuster. Each general partner and each othernatural 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. Anatural person who is authorized to act for a firm or corporation and who alsowishes to be licensed in an individual capacity must obtain a separate licensein his own name. The Commissioner shall charge a full additional fee for eachnatural person named in the license.

2. Transaction of business under the license must bewithin the purposes stated in the firms partnership agreement or thecorporations charter.

3. The licensee shall promptly notify the Commissionerin writing of all changes among its members, directors, officers and othernatural persons designated in the license.

(Added to NRS by 1971, 1663; A 1985, 1066; 2005, 2128)

NRS 684A.090 Applicationfor license; penalty. [Effective until the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

1. The applicant for a license as an adjuster shallfile a written application therefor with the Commissioner on forms prescribedand furnished by the Commissioner. As part of, or in connection with, theapplication, the applicant shall furnish information as to his identity,personal history, experience, financial responsibility, business record andother pertinent matters as reasonably required by the Commissioner to determinethe applicants eligibility and qualifications for the license.

2. If the applicant is a natural person, theapplication must include the social security number of the applicant.

3. If the applicant is a firm or corporation, theapplication must also include the names of all firm members, all corporateofficers and directors, and shall designate each individual who is to exercisethe license powers. Each such member, officer, director and individual shallfurnish information to the Commissioner as though applying for an individuallicense.

4. If the applicant is a nonresident of this state,the application must be accompanied by an appointment of the Commissioner asprocess agent and agreement to appear pursuant to NRS 684A.200.

5. The application must be accompanied by theapplicable license fee as specified in NRS680B.010.

6. No applicant for such a license may willfullymisrepresent or withhold any fact or information called for in the applicationform or in connection therewith. A violation of this subsection is a grossmisdemeanor.

(Added to NRS by 1971, 1663; A 1997, 2191)

NRS 684A.090 Application for license; penalty.[Effective on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. The applicant for a license as an adjuster shallfile a written application therefor with the Commissioner on forms prescribedand furnished by the Commissioner. As part of, or in connection with, theapplication the applicant shall furnish information as to his identity,personal history, experience, financial responsibility, business record andother pertinent matters as reasonably required by the Commissioner to determinethe applicants eligibility and qualifications for the license.

2. If the applicant is a firm or corporation, theapplication shall also show the names of all firm members, all corporateofficers and directors, and shall designate each individual who is to exercisethe license powers. Each such member, officer, director and individual shallfurnish information to the Commissioner as though applying for an individuallicense.

3. If the applicant is a nonresident of this state,the application shall be accompanied by an appointment of the Commissioner asprocess agent and agreement to appear pursuant to NRS 684A.200.

4. The application shall be accompanied by theapplicable license fee as specified in NRS680B.010 (fee schedule).

5. No applicant for such a license shall willfullymisrepresent or withhold any fact or information called for in the applicationform or in connection therewith. A violation of this subsection is a grossmisdemeanor.

(Added to NRS by 1971, 1663; A 1997, 2191, effectiveon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child support proceedings)

NRS 684A.100 Examinationfor license. Each person who intends to applyfor a license as an adjuster must, before applying for the license, personallytake and pass to the Commissioners satisfaction a written examination testingthe applicants qualifications and competence to act as an adjuster and hisknowledge of pertinent provisions of this Code.

(Added to NRS by 1971, 1664; A 1981, 1805)

NRS 684A.105 Exemptionfrom examination: Relicensing within 6 months after expiration of license. An adjuster whose license expires is exempt from retakingthe examination required by NRS 684A.100if he applies and is relicensed within 6 months after the date of expiration.

(Added to NRS by 2001, 2211)

NRS 684A.110 Issuanceof license; notice of refusal to issue license; fees not refundable; name oflicensee.

1. If the Commissioner finds that the application iscomplete, that the applicant has passed all required examinations and isotherwise eligible and qualified for the license as an adjuster, theCommissioner shall promptly issue the license. If the Commissioner refuses toissue the license, he shall promptly notify the applicant in writing of therefusal, stating the grounds for the refusal.

2. All fees paid by an applicant with his applicationfor a license shall be deemed earned when received and may not be refunded.

3. An applicant for a license who desires to use aname other than his 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 Formand contents of license.

1. The Commissioner shall prescribe the form of theadjuster license, which shall state:

(a) The licensees name and business address;

(b) The classification of the license, whether as anindependent adjuster or as a public adjuster;

(c) Date of issuance and general conditions as toexpiration and termination; and

(d) Such other conditions as the Commissioner deemsproper.

2. The Commissioner may not issue a license in a tradename unless the name has been registered as provided by law.

(Added to NRS by 1971, 1665; A 1977, 1329)

NRS 684A.130 Expirationand renewal of license. [Effective until the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

1. Each license issued under this chapter continues inforce for 3 years unless it is suspended, revoked or otherwise terminated. Alicense may be renewed upon payment of the applicable fee for renewal to theCommissioner and submission of the statement required pursuant to NRS 684A.143 if the licensee is a naturalperson. The statement, if required, must be submitted and the fee must be paidon or before the last day of the month in which the license is renewable.

2. Any license not so renewed expires at midnight onthe last day specified for its renewal. The Commissioner may accept a requestfor renewal received by him within 30 days after the expiration of the licenseif the request is accompanied by:

(a) A fee for renewal of 150 percent of the feeotherwise required; and

(b) If the person requesting renewal is a naturalperson, the statement required pursuant to NRS684A.143.

3. This section does not apply to temporary licensesissued under NRS 684A.150.

(Added to NRS by 1971, 1665; A 1981, 1806; 1987, 151,462; 1997, 2191)

NRS 684A.130 Expiration and renewal of license.[Effective on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. Each license issued under this chapter continues inforce for 3 years unless it is suspended, revoked or otherwise terminated. Alicense may be renewed upon payment of the applicable fee for renewal to theCommissioner. The fee must be paid on or before the last day of the month inwhich the license is renewable.

2. Any license not so renewed expires at midnight onthe last day specified for its renewal. The Commissioner may accept a requestfor renewal received by him within 30 days after the expiration of the licenseif the request is accompanied by a fee for renewal of 150 percent of the feeotherwise required.

3. This section does not apply to temporary licensesissued under NRS 684A.150.

(Added to NRS by 1971, 1665; A 1981, 1806; 1987, 151,462; 1997, 2191, effective on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings)

NRS 684A.140 Associateadjuster: Application for license; fee; license; penalty. [Effective until thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings.]

1. Concurrently with an application for a license orfor renewal of a license as an adjuster, the applicant or licensee must providean appointment for each associate adjuster employed by him or to be employed byhim contingent upon issuance of the license. Each person who desires to becomelicensed as an associate adjuster must submit an application to theCommissioner for such a license. The application must include the socialsecurity number of the applicant.

2. Upon payment of the appropriate fee, theCommissioner shall issue and deliver to a licensed adjuster a license for eachassociate authorized by the State to act on behalf of the licensee. TheCommissioner shall not issue a license as an associate adjuster to a person whois licensed as a producer of insurance for property, casualty or surety or asurplus lines broker.

3. The license of an associate adjuster may be renewedupon payment of the applicable fee. His license terminates at the same time asthe license of the employing adjuster unless, within 30 days after thetermination of the license, the associate adjuster submits to the Commissionerthe applicable fee and a request to be employed by another employing adjuster.The Commissioner shall promptly terminate an associate adjusters license uponwritten request therefor by the employing adjuster.

4. A person shall not act as or hold himself out inthis State to be an associate adjuster unless he holds a current license assuch issued to him by the Commissioner. A violation of this provision is agross misdemeanor.

(Added to NRS by 1971, 1665; A 1981, 1806; 1983, 918;1985, 349; 1997, 2192; 2005,2128)

NRS 684A.140 Associate adjuster: Application forlicense; fee; license; penalty. [Effective on the date of the repeal of thefederal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

1. Concurrently with an application for a license orfor renewal of a license as an adjuster, the applicant or licensee must providean appointment for each associate adjuster employed by him or to be employed byhim contingent upon issuance of the license. Each person who desires to becomelicensed as an associate adjuster must submit an application to theCommissioner for such a license.

2. Upon payment of the appropriate fee, theCommissioner shall issue and deliver to a licensed adjuster a license for eachassociate authorized by the State to act in behalf of the licensee. TheCommissioner shall not issue a license as an associate adjuster to a person whois licensed as a producer of insurance for property, casualty or surety or asurplus lines broker.

3. The license of an associate adjuster may be renewedupon payment of the applicable fee. His license terminates at the same time asthe license of the employing adjuster unless, not more than 30 days after thetermination of the license, the associate adjuster submits to the Commissionerthe applicable fee and a request to be employed by another employing adjuster.The Commissioner shall promptly terminate an associate adjusters license uponwritten request therefor by the employing adjuster.

4. A person shall not act as or hold himself out inthis State to be an associate adjuster unless he holds a current license assuch issued to him by the Commissioner. A violation of this provision is agross misdemeanor.

(Added to NRS by 1971, 1665; A 1981, 1806; 1983, 918;1985, 349; 1997, 2192; 2005,2128, 2129,effective on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 684A.143 Paymentof child support: Statement by applicant for license; grounds for denial oflicense; duty of Commissioner. [Expires by limitation on the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. A natural person who applies for the issuance orrenewal of a license shall submit to the Commissioner the statement prescribedby the Division of Welfare and Supportive Services of the Department of Healthand Human Services pursuant to NRS 425.520.The statement must be completed and signed by the applicant.

2. The Commissioner shall include the statementrequired pursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted 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 theCommissioner if the applicant is a natural person who:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Commissioner shalladvise the applicant to contact the district attorney or other public agencyenforcing the order to determine the actions that the applicant may take tosatisfy the arrearage.

5. As used in this section, license means:

(a) A license as an adjuster;

(b) A license as an associate adjuster; and

(c) A limited license issued pursuant to NRS 684A.155.

(Added to NRS by 1997, 2190; A 1999, 520)

NRS 684A.147 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. If the Commissioner receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, 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 suspendedat the end of the 30th day after the date on which the court order was issuedunless the Commissioner receives a letter issued to the holder of the licenseby the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of thelicense has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

2. The Commissioner shall reinstate a license that hasbeen suspended by a district court pursuant to NRS 425.540 if the Commissioner receives aletter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license wassuspended stating that the person whose license was suspended has complied withthe 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;

(b) A license as an associate adjuster; and

(c) A limited license issued pursuant to NRS 684A.155.

(Added to NRS by 1997, 2191; A 1999, 520)

NRS 684A.150 Temporarylicense as independent adjuster.

1. In the event of death or inability to act of alicensed independent adjuster, the Commissioner may issue a temporary licenseas an independent adjuster to another individual qualified therefor except asto the taking and passing of the required examination, to enable suchindividual to continue the business of the deceased or disabled licensee.

2. The temporary license shall be valid for 6 months,or until the temporary licensee earlier qualifies for a regular license as anindependent adjuster; but the Commissioner may, in his discretion, extend thetemporary license period as reasonably necessary while the temporary licenseeis acting as an administrator or executor or is otherwise using the license inendeavoring to settle the estate of a deceased independent adjuster.

(Added to NRS by 1971, 1666)

NRS 684A.155 Limitedlicense: Commissioner authorized to issue to adjuster licensed in adjoiningstate; terms; powers. [Effective until the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

1. The Commissioner may issue a limited license to anadjuster licensed in an adjoining state who has contracted with a domesticinsurer that has its principal place of business in this state to adjust andpay claims on business written in this state. A limited license issued pursuantto this section is valid for 3 years or the term of the contract between theadjuster and domestic insurer, whichever is shorter.

2. If the applicant for a limited license issuedpursuant to this section is a natural person, the application must include thesocial security number of the applicant.

3. An adjuster who holds a limited license issuedpursuant to this section may adjust claims in this state only pursuant to hiscontract with the domestic insurer.

4. A domestic insurer who contracts with an adjusterto whom a limited license has been issued pursuant to this section shallmaintain in its principal place of business in this state the records of itsclosed files upon which the adjuster worked.

5. Notwithstanding the provisions of NRS 684A.170, an adjuster who is issued alimited license pursuant to this section is not required to maintain an officeor place of business in this state.

(Added to NRS by 1997, 3027; A 1999, 520, 545)

NRS 684A.155 Limited license: Commissionerauthorized to issue to adjuster licensed in adjoining state; terms; powers.[Effective on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. The Commissioner may issue a limited license to anadjuster licensed in an adjoining state who has contracted with a domesticinsurer that has its principal place of business in this state to adjust andpay claims on business written in this state. A limited license issued pursuantto this section is valid for 3 years or the term of the contract between theadjuster and domestic insurer, whichever is shorter.

2. An adjuster who holds a limited license issuedpursuant to this section may adjust claims in this state only pursuant to hiscontract with the domestic insurer.

3. A domestic insurer who contracts with an adjusterto whom a limited license has been issued pursuant to this section shallmaintain in its principal place of business in this state the records of itsclosed files upon which the adjuster worked.

4. Notwithstanding the provisions of NRS 684A.170, an adjuster who is issued alimited license pursuant to this section is not required to maintain an officeor place of business in this state.

(Added to NRS by 1997, 3027; A 1999, 520, 545, effective on thedate of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 684A.160 Feefor adjusters license. Before the issuance orcontinuation of an adjusters license the applicant must pay a fee establishedby the Commissioner of not more than $15 for deposit in the Insurance RecoveryAccount created by NRS 679B.305.

(Added to NRS by 1971, 1666; A 1977, 1329; 1987, 152;1995, 1102; 2005,2129)

NRS 684A.170 Placeof business; display of license.

1. Every adjuster shall have and maintain in thisstate a place of business accessible to the public and from which the licenseeprincipally conducts transactions under his license. The address of such placeshall appear upon the application for a license and upon the license, whenissued, and the licensee shall promptly notify the Commissioner in writing ofany change thereof. Nothing in this section shall prohibit the maintenance ofsuch place in the licensees residence in this state.

2. The license of the licensee and those of associateadjusters employed by him shall be conspicuously displayed in such place ofbusiness 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 business addressshown on his license a record of all transactions under the license.

2. The record shall include:

(a) A copy of all investigations or adjustmentsundertaken.

(b) A statement of any fee, commission or othercompensation received or to be received by the adjuster on account of suchinvestigation or adjustment.

3. The adjuster shall make such records available forexamination by the Commissioner at all times, and shall retain the records forat least 3 years.

(Added to NRS by 1971, 1667)

NRS 684A.190 Responsibilityfor employees. All business transacted by anadjuster under his license shall be in his name, and he shall be responsiblefor the acts or omissions of his employees within the scope of theiremployment.

(Added to NRS by 1971, 1667)

NRS 684A.200 Nonresidentlicensees: Service of process; agreement to appear. Nonresidentsof this state who are granted licenses as adjusters pursuant to subsection 2 ofNRS 684A.070 are also subject to NRS 683A.281.

(Added to NRS by 1971, 1667; A 2001, 2212)

NRS 684A.210 Suspension,revocation or limitation of license: Grounds; surrender of license.

1. The Commissioner may suspend, revoke, limit orrefuse to continue any adjusters license or associate adjusters license:

(a) For any cause specified in any other provision ofthis chapter;

(b) For any applicable cause for revocation of thelicense of a producer of insurance under NRS683A.451; or

(c) If the licensee has for compensation represented orattempted to represent both the insurer and the insured in the sametransaction.

2. The license of a firm or corporation may besuspended, revoked, limited or continuation refused for any cause which relatesto any individual designated in or with respect to the license to exercise itspowers.

3. The holder of any license which has been suspendedor 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 associateadjusters licenses, except where in conflict with the express provisions ofthis chapter.

(Added to NRS by 1971, 1667; A 2001, 2212)

NRS 684A.230 Durationof suspension. Every order suspending any licenseshall specify the period during which the suspension shall be effective, whichperiod shall in no event exceed 12 months.

(Added to NRS by 1971, 1668)

NRS 684A.240 Commissionermay levy fine; recovery of fine.

1. In addition to or in lieu of the suspension,revocation or refusal to renew any adjusters license for any of the causesreferred to in NRS 684A.210, afterhearing thereon or upon waiver of hearing by the licensee, the Commissioner maylevy upon the licensee an administrative fine in any amount not less than $25nor more than $500.

2. In his order levying the fine the Commissionershall specify a period of not less than 15 days nor more than 30 days after thedate of the order within which the fine must be paid in full.

3. If the fine is not paid when due, the Commissionershall revoke the license involved, if not already revoked, and the fine must berecovered in a civil action brought by the Attorney General in theCommissioners behalf.

4. All fines recovered pursuant to this section mustbe 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 Courtmay impose fine in lieu of Commissioners penalty.

1. Upon the hearing of an appeal from theCommissioners order suspending, revoking or refusing to continue any licenseissued under the provisions of this chapter, the court, if it finds that thelicensee 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 imposea fine of not more than $500 in lieu thereof. Payment of the fine within 10days thereafter shall reinstate, restore or continue the license.

2. If it appears that a license of the licensee hastheretofore been suspended, revoked or refused for a similar offense, the courtshall not have jurisdiction to impose a fine in lieu of the action required bythe order appealed from.

(Added to NRS by 1971, 1668)

NRS 684A.260 Reinstatementof license; relicensing; limitations. TheCommissioner shall not reinstate the adjusters license of or relicense anylicensee or former licensee whose license has been suspended or revoked untilany cause for such suspension or revocation, not being a cause continuing incharacter, arising after issuance of the license no longer exists, or until anyfine theretofore levied on the licensee under NRS 684A.240 or 684A.250 has been fully paid.

(Added to NRS by 1971, 1668)

 

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