Current through Register Vol. 56, No. 18, September 16, 2024
(a) The
Commissioner may deny, suspend, revoke, or refuse to renew a public adjuster's
license based on any violation of the Act or this subchapter, or for the
commission or omission of any act by a public adjuster which demonstrates that
the applicant or licensee is not competent or trustworthy to act as a public
adjuster, or where the person has:
1.
Violated any provision of this State's insurance laws, including any rules
promulgated thereunder;
2. Violated
any law in the course of acting as a public adjuster;
3. Committed a fraudulent or dishonest
act;
4. Demonstrated the
applicant's or licensee's lack of integrity, incompetency, bad faith,
dishonesty, financial irresponsibility, or untrustworthiness to act as a public
adjuster;
5. Aided, abetted or
assisted another person in violating any insurance law of this or any other
State;
6. Withheld material
information or made a material misstatement in the application for the
license;
7. Failed to pay any fine
or restitution imposed by an order of the Commissioner;
8. Collected from any client any fee other
than that agreed to in the employment contract in a form required by
11:1-37.1 3;
9. Misappropriated, converted or illegally
withheld, money which was received in the conduct of business that belonged to
insurers, clients or others;
10.
Failed to notify the Commissioner within 30 days of a conviction for any crime,
indictment or the filing of any formal criminal charges, or the suspension or
revocation of any insurance license or authority by a state, other than this
State, or failed to supply any documentation that the Commissioner may request
in connection therewith;
11. Failed
to appear in response to any subpoena issued by the Commissioner or his
authorized designee; failed to produce any documents or other material
requested in a subpoena; or refused or failed to cooperate with an
investigation by the Commissioner of the activities of the person or any other
licensee;
12. Induced the
cancellation of a duly executed written memorandum between an insured and a
public adjuster;
13. Made any
misrepresentation of facts or advised any person on questions of law in
conjunction with the business as a public adjuster;
14. Had any professional license suspended or
revoked in this or any other state;
15. Solicited the adjustment of a loss or
damage occurring in this State from an insured, whether by personal interview,
by telephone, or by any other method, between the hours of 6:00 P.M. and 8:00
A.M. during the 24 hours after the loss has occurred;
16. Engaged in the business of a public
adjuster in New Jersey with an invalid or expired license; or
17. Committed any other act, or omission
which the Commissioner determines to be inappropriate conduct by a licensee of
this State.
(b) Any
person which violates any provision of this subchapter shall, in addition to
any other penalties provided by law, be liable for a civil penalty of not more
than $ 2,500 for a first offense and not more than $ 5,000 for the second and
each subsequent offense. Each transaction or statutory violation shall
constitute a separate offense.
(c)
The procedures for the imposition of administrative penalties shall be governed
by 11:17D-2.1.
