Current through Register Vol. 56, No. 18, September 16, 2024
(a) A first time
applicant for an individual public adjuster license shall submit the following:
1. A properly executed and dated application,
including, when applicable, electronic online submissions, requesting issuance
of a public adjuster license which shall contain the applicant's legal name;
trade name, if any; home address; date of birth; business mailing address and
location address; home and business telephone numbers; home and business e-mail
addresses, if applicable; the applicant's State tax identification number; and
responses to questions concerning the applicant's character and fitness for
licensing. This information together with all requested attachments shall be
certified as being accurate by the applicant;
2. Proof that the applicant has taken and
passed the State licensing examination within the 12 months preceding the date
of application. For applications requesting issuance of a license to an
individual who is a nonresident, the licensing examination may be waived if the
applicant provides proof that he or she is currently licensed in his or her
home state in which the licensing provisions for public adjusters are
substantially similar to the laws of this State;
3. Any documents or statements required to
verify or explain responses to questions concerning the applicant's character,
fitness or financial responsibility;
4. Properly completed criminal history
requests and fingerprint forms in a format prescribed by the department, which
shall include electronic fingerprinting; and
5. A bond conforming to the requirements of
11:1-37.9, unless the applicant is
applying as a sublicensee.
i. If applying as
a sublicensee, proof of coverage under the existing bond of the licensed public
adjuster for whom the applicant is or shall be a sublicensee;
6. Two passport-size photographs;
and
7. A check or money order made
payable to State of New Jersey--General Treasury, or, if applicable, electronic
payment for online applications, for the license fee and application processing
fee in accordance with the fees set forth at
11:1-37.1 8.
(b) A first time applicant for a public
adjuster license which is a corporation, firm, association or partnership,
shall submit the following:
1. A properly
executed and dated application, including, when applicable, electronic online
submissions, requesting issuance of a public adjuster license which shall
contain the applicant's legal name; trade name, if any; business mailing
address and location address; business telephone number; State tax
identification number; and all requested attachments, all of which shall be
certified as being accurate;
2. A
resident New Jersey corporation, partnership, association or firm shall file
with the Commissioner a copy of its Certificate of Incorporation or of the
partnership or association documents, stamped "filed" by the Department of the
Treasury, Division of Revenue, County Clerk or other applicable authority,
confirming that the business name has been properly recorded;
3. A foreign corporation, partnership or
association applying for a resident license to open an office in New Jersey
shall file with the Commissioner a certificate filed by the Office of the New
Jersey Department of the Treasury, Division of Revenue authorizing the
applicant to transact business in New Jersey;
4. Properly completed criminal history
requests and fingerprint forms in a format prescribed by the Department, which
shall include electronic fingerprinting for all sublicensees; officers,
directors and/or partners which are not sublicensees; and all owners of 10
percent or more of the business;
5.
A bond in accordance with
11:1-37.9 in an amount sufficient
to cover the applicant and all sublicensees; and
6. A check or money order made payable to
Treasurer of New Jersey for all licensing, application and processing
fees.
(c) The
application and applicable fees in accordance with
11:1-37.1 8 shall be sent to:
Attention: Public Adjuster Licensing
License Processing Unit
New Jersey Department of Banking and Insurance
20 West State Street
PO Box 327
Trenton, NJ 08625-0327
(d) All licenses shall at all times be the
property of the State of New Jersey and upon any suspension, revocation,
nonrenewal, expiration or other termination shall no longer be in force and
effect.
1. Upon any suspension, revocation or
other termination of a license, the licensee or any other person having custody
of the license shall immediately deliver it to the Commissioner by personal
delivery or by registered or certified mail.
2. Where a license is lost, stolen or
destroyed, the Commissioner may accept in lieu of the return of the license, an
affidavit of the licensee or other person responsible for the license, setting
forth the facts which prevent the return of the license.
3. Failure to pay any requested fee for any
reason including, but not limited to, a check being dishonored, shall render a
license null and void.
4. A license
which was voluntarily cancelled by a licensee may be reinstated for the balance
of the license term upon written request of the licensee and payment of the
processing fee.
(e)
Where a current licensee seeks to renew a license, the licensee shall, at least
15 days before the license expiration date, submit a properly completed renewal
application including, when applicable, electronic online submissions together
with payment of the license fee in accordance with
11:1-37.1 8. The renewal
application shall be signed, dated and certified to be correct by the licensee
or a licensed officer, partner or member of a licensed organization. The
licensee shall certify that he, she or it continues to be qualified in
accordance with the Act and this subchapter.
1. For licenses initially issued on or after
July 4, 2011 and for all biennial licenses renewed on or after July 4, 2011, no
individual public adjuster license shall be renewed unless the renewal
applicant demonstrates that he or she has completed 15 credit hours of approved
continuing education courses related to public adjusting during the previous
license term. The courses must be obtained through an education provider
approved by the Department to offer public adjuster continuing education in
accordance with N.J.A.C. 11:17-3.
i. Pursuant
to N.J.S.A. 17:22B-10c, the Commissioner may waive the requirements for
continuing education on an individual basis for reasons of hardship such as
illness or disability, retirement of the license, or other good
cause.
2. For
applications requesting renewal of a license of an individual who is
nonresident, the continuing education requirements for New Jersey may be waived
if the applicant provides proof that he or she is currently licensed in his or
her home state and the continuing education provisions for public adjusters in
that state are substantially similar to the laws of this State.
3. Public adjusters may only receive credit
for the successful completion of any single approved continuing education
course one time during the licensing term.
4. For a contact course, a credit hour shall
provide no less than 50 minutes of instruction. Breaks, announcements and time
not spent in instruction shall not be included in calculating credit hours
requested. For self-study courses, credit hours include time for reading and
study, which the Department has approved as reasonable to successfully pass the
final examination. Time taking the examination is not counted towards approved
credit hours. Each continuing education course submitted for approval shall be
in whole credit hours and shall contain at least one credit hour of instruction
or time spent for reading and study.
5. Self-study courses shall be considered for
approval if the program of instruction culminates in a monitored examination of
the subject presented. A monitored examination is not required for an
interactive, online program that the Department determines has sufficient
internal testing to validate the student's full comprehension of the material
presented.
6. Failure to submit the
renewal application for receipt by the Department by the date of expiration of
the license shall be deemed to establish that the license expired on the date
shown on the license and that the licensee was not thereafter authorized to
engage in any activities for which the license is required.
7. If an applicant's license has lapsed for a
period of less than one year, the applicant may apply for late renewal of the
license within one year of the date the license expired if evidence of proof is
provided of completion of continuing education credits when required by
11:1-34.4(f)1. If
the Department accepts the late renewal, it shall be effective the date of
receipt by the Department of the application for late renewal.
(f) Nothing in this section shall
be construed to permit a person to engage in the business of public adjuster
without a valid license.