Current through Register Vol. 35, No. 18, September 24, 2024
The superintendent will issue, renew and continue adjuster's
licenses for individual adjusters as follows:
A.
Electronic submission. The
individual applicant shall submit the application electronically or as
otherwise directed by the superintendent.
B.
Individual requirements. The
superintendent shall issue an individual adjuster's license only to an
individual who is otherwise in compliance with Chapter 59A, Articles 11 and 13
NMSA 1978 and who has furnished evidence satisfactory to the superintendent
that the applicant for license:
(1) is not
less than 18 years of age;
(2) is a
bona fide resident of this state, or of a state or country that permits
residents of this state to act as adjusters therein, except that under
circumstances of necessity the superintendent may waive the requirement of
reciprocity;
(3) is trustworthy,
reliable and can demonstrate a good business reputation, and intent to engage
in a bona fide manner in the business of adjusting insurance claims;
(4) has passed the examination required for
licensing;
(5) shall not have
committed an act that is a ground for license denial, suspension or revocation
under the Insurance Code;
(6) has
paid the license fee, as set forth in Section 59A-6-1 NMSA 1978; and
(7) has filed the bond as required 13.4.8.11
NMAC, or otherwise demonstrated financial responsibility, as approved by the
superintendent.
C.
Exceptions for staff adjuster. Paragraphs (2) and (7) of
Subsection B of this section shall not apply as to staff adjusters.
D.
Exceptions for prior license
holders. Individuals holding licenses as adjusters as of July 1, 2017,
shall be deemed to meet the qualifications for the license except as provided
in Chapter 59A, Articles 11 and 13 NMSA 1978. The examination requirement is
waived provided that the individual's license is not allowed to terminate
through lapse, or otherwise.
E.
Additional requirement for public adjusters. An applicant for a
license to act as a public adjuster must, as part of the application, endorse
an authorization for disclosure to the superintendent of all financial records
of any funds the public insurance adjuster holds as a fiduciary using the form
available on the OSI website. The authorization shall continue in force and
effect while the public adjuster continues to be licensed in this
state.
F.
Application
form.
(1) The application form may
require the following information about the applicant:
(a) proof of the applicant's
identity;
(b) name, date of birth,
social security number, residence and business addresses, and email
address;
(c) personal
history;
(d) business experience,
including experience, special training or education pertaining to insurance
adjusters;
(e) previous licensing
information, including:
(i) whether the
applicant was ever previously licensed to transact insurance or adjusting in
this state or elsewhere;
(ii)
whether any license was ever refused, suspended or revoked;
(iii) whether any insurer or member of the
public claims that the applicant is indebted to it, and if so, the details of
the claim; and
(iv) whether the
applicant has ever had a contract or appointment with an insurer canceled and,
if so, the facts of the cancellation;
(f) type or types of adjuster's license
applied for;
(g) if the applicant
will be adjusting workers' compensation claims, then an in-state physical
address for the business entity;
(h) the NAIC number and name of the company
holding a New Mexico certificate of authority that is sponsoring the applicant,
if applicable;
(i) such other
pertinent information and matters as the superintendent may reasonably
require.
(2) The
superintendent may require any application to be in the applicant's handwriting
and under the applicant's oath.
G.
Approval. Before approving an
application and issuing a license, the superintendent shall confirm that:
(1) all of the applicant's answers to the
questions on the application are complete, truthful and satisfactory, including
acknowledgment and explanation of any prior criminal charges;
(2) if the applicant is applying for a
resident license, the applicant does not currently hold an active New Mexico
resident or nonresident license or an active resident license in another
state;
(3) if the applicant is
applying for a resident license, the applicant has provided an in-state
residential or business address (a post office box does not satisfy this
requirement), unless the applicant has designated New Mexico as the home state
for licensing purposes only;
(4) if
the applicant is applying for a nonresident license, the applicant currently
holds an active resident license in another state or designated home state that
requires an examination;
(5) if
applying for a resident license, the applicant has passed the required
examination, or if applying for a nonresident license, the applicant has passed
the required examination in the applicant's home state or designated home
state;
(6) the applicant has
provided at least five years of employment history without gaps in the
employment record;
(7) the
applicant's fingerprints have been submitted for purposes of a state and
federal background check, and
(a) pursuant to
18 U.S.C. Section
1033, no individual who has been convicted of
a felony involving dishonesty or a breach of trust may be licensed as a
resident adjuster, unless the person has the written consent of the
superintendent;
(b) pursuant to the
Criminal Offender Employment Act found at Section 28-2-1 et seq. NMSA 1978, any
prior criminal record shall be considered in connection with application for
any license; and
(c) if the results
of the background check have not been received or indicate a need for further
investigation, the application will not be approved pending further
review;
(8) the applicant
has satisfied both the general and specific requirements and has provided any
additional information necessary for the adjuster's license requested or as
required by the superintendent based the initial application answers;
(9) the applicant has submitted the
application fee as set forth in Section 59A-6-1 NMSA 1978; and
(10) if the applicant is a citizen of a
foreign county, then the application shall include proof that the applicant is
eligible to reside and work in the United States.
H.
Requirements for nonresident
applicants and licensees.
(1) A
nonresident adjuster's licensee must designate the superintendent for service
of process in accordance with the application requirement for nonresident
licensees.
(2) Upon submission of
the required application and payment of the license fee set forth in Section
59A-6-1 NMSA 1978, the superintendent may issue a nonresident license to an
applicant for an adjuster's license who is not a permanent resident of this
state, if the applicant is currently licensed as a resident adjuster in the
applicant's home state or designated home state and the applicant satisfies all
of the following:
(a) currently holds a valid
adjuster's license, of the same type as the license applied for, in another
state that requires a qualifying examination of sufficient scope as required by
the superintendent;
(b) meets the
requirements set forth in Subsection B of this section;
(c) is self-employed as an adjuster or
associated with or employed by a business entity or other adjuster in the
adjuster's home state or designated home state; and
(d) discloses whether the applicant has ever
had any license or eligibility to hold any license declined, denied, suspended,
or revoked, whether the applicant has ever been placed on probation and whether
an administrative fine or penalty has been levied against the applicant and, if
so, the reason for the action.
(3) Each individual who holds a nonresident
license shall comply with all requirements of this rule and with other rules
and laws of this state applicable to adjusters, including the requirements on
record maintenance for each license type and for financial responsibility as
set forth in 13.4.8.11 NMAC.
(4) As
a condition of doing business in this state, a nonresident adjuster shall
submit an affidavit certifying that the licensee is familiar with and
understands the laws set forth in Article 13 of 59A NMSA 1978, these rules, and
the terms and conditions of the types of insurance contracts that provide
coverage on real and personal property. The affidavit shall be provided
initially and upon renewal, using the form available on the OSI website.
Compliance with this filing requirement is necessary for the issuance,
continuation, reinstatement, or renewal of a nonresident adjuster's
license.
