Section 26-A3900. GENERAL PROVISIONS

 

3900.1No person shall act as or hold himself out as a public insurance adjuster unless the person has been issued a license in accordance with these rules.

 

3900.2An applicant for licensure as a public insurance adjuster shall submit a properly completed application.

 

3900.3An applicant who is licensed as a public insurance adjuster in another jurisdiction shall submit a properly completed application accompanied by a certificate of good standing from the insurance licensing authority of the applicant's home state that indicates that the applicant holds a valid public adjuster insurance license issued by that state.

 

3900.4A natural person acting as a public insurance adjuster in the District through a business entity shall also obtain a public insurance adjuster license for the business entity. For purposes of this section, a "business entity" includes any corporation, partnership, limited partnership, joint venture, association, exchange, or limited liability company, limited liability partnership, or other enterprise. A business entity applying for a license as a public insurance adjuster shall submit proof that:

 

(a)The business entity is, or will become as soon as practicable, lawfully registered with the Department of Consumer and Regulatory Affairs to do business in the District; and

 

(b)Every officer, director, shareholder, general partner, or member of the limited liability company, or partnership, who personally engages in business of public insurance adjusting in the District, as defined in D.C. Official Code § 31-1631.01(5), is individually licensed as a public insurance adjuster pursuant to these rules.

 

3900.5Every public insurance adjuster shall maintain a bond executed by the public insurance adjuster as principal and a surety company authorized to do business in the District, in the principal sum of $20,000, for the benefit of any person who suffers a loss as a result of fraud or dishonesty on the part of the public insurance adjuster.

 

3900.6Notwithstanding the information requested in the application, as required in subsection 3900.2, an applicant shall also disclose the full name and residence address of each person who directly or indirectly owns, controls, holds with power to vote, or holds proxies representing, ten percent or more of the voting securities of the licensee.

 

3900.7The Commissioner may, in addition to other grounds set forth in these rules, deny an application or suspend or revoke the license of a public insurance adjuster if any person who directly or indirectly owns, controls, holds with power to vote, or holds proxies representing ten percent or more of the voting securities of the public insurance adjuster, does not meet the qualifications for licensure set forth in these rules.

 

3900.8Every applicant for an initial or renewal public insurance adjuster license shall file with such application a list of the full names of all employees who are authorized to negotiate claim settlements, and every licensee shall inform the Commissioner in writing within 30 days from the date of the occurrence of the name of any employee hired or terminated subsequent to the filing of the initial list.

 

3900.9Any license issued pursuant to these rules shall at all times be the property of the government of the District and upon any suspension, revocation, nonrenewal, expiration or other termination shall no longer be in force and effect.

 

(a)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.

 

(b)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.

 

(c)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.

 

(d)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.

 

3900.10The Commissioner may grant a temporary public insurance adjuster license before the applicant has passed the licensing examination required in § 3901.1, provided the applicant is otherwise qualified for licensure as a public insurance adjuster. The temporary license shall expire on September 30, 2003.

 

source

Emergency Rulemaking published at 50 DCR 5970(July 25, 2003) [EXPIRED]; as Final Rulemaking published at 50 DCR 3191 (April 25, 2003).