Sec. 2. State flexibility in multistate adjuster licensing reforms
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/bill/114/hr/2998/ih/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 4 shall take effect upon the expiration of the 4-year period beginning on the date of the enactment of this Act unless, before the expiration of such period, those States that license independent claims adjusters have enacted— uniform laws and regulations governing the licensure of individuals and entities authorized to adjust insurance claims within the State; and reciprocity laws and regulations governing the licensure of nonresident individuals and entities authorized to adjust insurance claims within those States.
States shall be deemed to have established the uniformity necessary to comply with subsection (a)(1) if the States— establish uniform criteria regarding the integrity, personal qualifications, education, training, and experience of licensed independent claims adjusters for— property and casualty insurance; workers compensation insurance; and such other lines as a State may choose to regulate. establish uniform continuing education requirements for licensed independent claims adjusters for each line of insurance under paragraph
(1)that a State chooses to regulate; establish uniform ethics course requirements for licensed independent claims adjusters in conjunction with the continuing education requirements under paragraph (2); do not impose any requirement upon any independent claims adjuster to be licensed or otherwise qualified to do business as a nonresident that has the effect of limiting or conditioning that independent claims adjuster’s activities because of its residence or place of operations; and utilize a uniform license application. States shall be deemed to have established the reciprocity required to comply with subsection (a)(2) if the following conditions are met: Each State that licenses independent claims adjusters permits an independent claims adjuster that has a license for adjusting insurance claims in their home State to receive a license to adjust insurance claims in those other States as a nonresident to the same extent that such independent claims adjuster is permitted to adjust insurance claims in their home State without satisfying any additional requirements other than submitting— a request for licensure utilizing the uniform license application; a copy of, or evidence of, a valid license held by the adjuster in their home State (unless such information is available in the National Insurance Producer Registry Producer Database); and the payment of any requisite fee to the appropriate authority. Each State that licenses an independent claims adjuster accepts an insurance claims adjuster’s satisfaction of their home State’s continuing education requirements for licensed insurance claims adjusters to satisfy the State’s own continuing education requirements. A State does not impose any requirement upon any independent claims adjuster to be licensed or otherwise qualified to do business as a nonresident that has the effect of limiting or conditioning that independent claims adjuster’s activities because of its residence or place of operations. Each of the States that satisfies paragraphs (1), (2), and
(3)grants reciprocity to residents of all of the other States that satisfy such paragraphs. A State shall be considered to be in compliance with subsection
(a)for purposes of this Act if the Department of the Treasury, Office of General Counsel determines that, before the expiration of the 4-year period beginning on the date of the enactment of this Act, the State is in compliance with the requirements under such subsection. With respect to any State that the Department of the Treasury, Office of General Counsel has determined to be in compliance with the requirements of subsection (a), the Department of the Treasury, Office of General Counsel shall continue to review and determine such State’s compliance with the requirements of subsection
(a)on an annual basis. If the Department of the Treasury, Office of General Counsel determines at any time that a State no longer is in compliance with the requirements of subsection (a), section 4 shall apply with respect to such State. The appropriate United States District Court shall have exclusive jurisdiction over any challenge arising under this section. The court shall apply the standards set forth in section 706 of title 5, United States Code, in reviewing any such challenge.