Current through Register Vol. 56, No. 18, September 16, 2024
(a) Except as
expressly provided by
11:1-37.4(a)2,
all individual applicants, including sublicensee applicants, seeking a public
adjuster license shall take and pass the State licensing examination, which may
be administered by the Department or by a vendor under contract to the
Department.
(b) Examinations shall
be administered at such times and places as may be designated by the
Commissioner. If a contract vendor is utilized it shall provide the
Commissioner with at least 60 days prior notice of the dates and times of the
scheduled examinations.
(c) As
determined by the Commissioner, at least one examination administration center
may be located in the geographical areas comprising North, South and Central
New Jersey.
(d) Whenever a contract
vendor is utilized it shall:
1. Establish at
least one examination administration center within each geographical area
designated by the Commissioner;
2.
Provide sufficient examination center personnel for the administration of the
examination;
3. Collect from
applicants taking the examination a fee approved by the Commissioner which
covers the costs of developing and administering the examination;
4. Score examinations promptly and provide
scored reports to all candidates within 60 days after the test date;
and
5. Provide to the Department:
i. Alphabetically arranged lists containing
the candidates' names, addresses, identification numbers and scores of passing
and failing candidates; and
ii.
Summary statistics for each test, indicating the number of candidates
registered, tested and absent, and passing or failing.
(e) The Department shall have the
sole responsibility for establishing minimum qualification and passing
requirements for candidates taking the licensing examination. The qualification
and passing requirements shall be on file at the offices of the Department and
shall be made available for public inspection.
(f) For good cause shown the Commissioner
may, by order, require an applicant for licensure or a licensee to retake the
State licensing examination. The order shall specify the factual circumstances
upon which it is based. In the case of a licensee, a license shall remain
effective pending the results of the new examination unless the license is
otherwise subject to revocation or suspension.
1. A licensee or applicant for licensure may
appeal the decision of the Commissioner within 10 days of receipt of the order,
by filing with the Commissioner a written statement and supporting
documentation, if any, disputing with specificity the allegations in the
order.
2. Upon a review of the
record, the Commissioner shall either rescind the order or require the licensee
or applicant for licensure to retake the examination within a prescribed period
of time.
i. If a licensee fails to retake the
examination within the prescribed period of time, the Commissioner shall issue
an Order to Show Cause why the license should not be revoked and shall advise
the licensee of his or her right to a hearing pursuant to the provisions of the
Administrative Procedure Act,
52:14B-1 et seq., as implemented
by the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
ii. If an applicant for licensure fails to
retake the examination within the prescribed period of time, the Commissioner
shall refuse to issue the license for which application is made and shall
advise the applicant for licensure of his or her right to a hearing pursuant to
the provisions of the Administrative Procedure Act,
52:14B-1 et seq., as implemented
by the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
