§ 4803. Adjusters, workers' compensation adjusters, public adjusters and appraisers, qualifications, and requirements

(a) For the protection of the people of this State, the Commissioner shall not issue, continue, or permit to exist any license as an adjuster, a workers' compensation adjuster, public adjuster, or appraiser except in compliance with this section, or as to any individual not qualified therefor as follows:

(1) must be at least 18 years of age;

(2) must be competent, trustworthy, financially responsible, and of good personal business reputation;

(3) must pass any written examination required for the license under this subchapter. This subsection shall not apply to multiperil crop insurance adjusters certified in accordance with subsection (f) of this section; and

(4) must have at least two years' experience or special training with respect to handling of loss claims, in the case of workers' compensation adjusters, workers' compensation claims, or in the case of appraisers, insurance loss appraising of sufficient duration and scope reasonably to make the applicant competent to fulfill the responsibilities of an adjuster, workers' compensation adjuster, public adjuster, or appraiser; or, in lieu of such experience or training, is to be employed by and subject to the immediate personal supervision of a licensed adjuster, workers' compensation adjuster, public adjuster or appraiser in this State who has been so established in business for not less than three years preceding the date of application for the license. This subsection shall not apply to persons holding existing licenses as adjuster, and public adjusters in this State immediately prior to July 1, 1974. This section shall apply to any person applying for a workers' compensation adjuster's license or an appraiser's license.

(5) [Repealed.]

(b) [Repealed.]

(c) Records.

(1) Each adjuster, workers' compensation adjuster, public adjuster, or appraiser shall keep at the address shown on the license a record of all transactions under the license.

(2) The record shall include:

(A) A copy of all investigations, adjustments, or appraisals undertaken or consummated.

(B) A statement of any fee, commission, or other compensation received or to be received by the adjuster, workers' compensation adjuster, public adjuster, or appraiser on account of such investigation, adjustment, or appraisal.

(3) The adjuster, workers' compensation adjuster, public adjuster, or appraiser shall make such records available for examination by the Commissioner at all times, and shall retain the records for at least three years.

(d) Nonresident adjusters, workers' compensation adjusters, public adjusters, or appraisers; process; special catastrophe losses.

(1) Subdivision 4800(3)(B)(ii) of this title (service of process) shall also apply as to nonresidents of this State licensed as adjuster, workers' compensation adjuster, public adjuster, or appraiser by this State.

(2) No adjuster, public adjuster, or appraiser license is required as to any adjuster, public adjuster, or appraiser sent into this State on behalf of a duly admitted insurer for the investigation or adjustment of a particularly unusual or extraordinary loss, or of a series of losses resulting from a catastrophe common to all such losses. Nor shall such a license be required of a marine-average adjuster.

(e) The Commissioner shall require workers' compensation adjusters to complete educational or training programs in their field. The Commissioner may suspend or revoke a license issued under this subchapter of any person who fails to comply with the educational or training requirements established by the Commissioner.

(f) The Commissioner may require a multiperil crop insurance adjuster to be certified as having passed a proficiency examination approved by the federal Risk Management Agency as a condition of obtaining an adjuster's license or license renewal under this chapter, or another proficiency examination approved by the Commissioner. Upon request of the Commissioner, a multiperil crop insurance adjuster licensee shall furnish to the Commissioner proof of such certification satisfactory to the Commissioner. (Amended 1973, No. 217 (Adj. Sess.), § 13; 1975, No. 78, §§ 1, 4; 1993, No. 225 (Adj. Sess.), § 25; 2001, No. 97 (Adj. Sess.), § 11; 2009, No. 137 (Adj. Sess.), §§ 10, 11.)