[Rev. 11/21/2013 1:08:41 PM--2013]

CHAPTER 684A - ADJUSTERS

NRS 684A.010        Applicability; short title.

NRS 684A.015        Definitions.

NRS 684A.020        “Adjuster” defined.

NRS 684A.023        “Automated claims adjudication system” defined.

NRS 684A.027        “Home state” defined.

NRS 684A.030        “Independent,” “public” and “associate adjuster” defined.

NRS 684A.035        Applicability of other provisions of NRS.

NRS 684A.040        License required; penalties.

NRS 684A.050        Concurrent licensing as independent and public adjuster prohibited.

NRS 684A.055        Licensing of person in business of repairing bodies of automobiles prohibited.

NRS 684A.060        Exceptions to requirement of licensing: Agents; catastrophes.

NRS 684A.070        Qualifications for license for natural person; denial, suspension, revocation of or limitation on license for committing certain crime.

NRS 684A.080        Licensing of firm or corporation.

NRS 684A.090        Application for license; penalty. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 684A.090        Application for license; penalty. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 684A.100        Examination for license.

NRS 684A.105        Exemption from examination.

NRS 684A.110        Issuance of license; notice of refusal to issue license; fees not refundable; name of licensee.

NRS 684A.120        Form and contents of license.

NRS 684A.130        Expiration and renewal of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 684A.130        Expiration and renewal of license. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 684A.140        Associate adjuster: Application for license; fee; license; penalty. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 684A.140        Associate adjuster: Application for license; fee; license; penalty. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 684A.143        Payment of child support: Statement by applicant for license; grounds for denial of license; duty of Commissioner. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 684A.147        Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 684A.150        Temporary license as independent adjuster.

NRS 684A.160        Fee for adjuster’s license.

NRS 684A.170        Place of business; display of license.

NRS 684A.180        Records.

NRS 684A.190        Responsibility for employees.

NRS 684A.200        Nonresident licensees: Service of process; agreement to appear.

NRS 684A.210        Suspension, revocation or limitation of license: Grounds; surrender of license.

NRS 684A.220        Suspension, revocation or limitation of license: Applicable provisions.

NRS 684A.230        Duration of suspension.

NRS 684A.240        Commissioner may levy fine; recovery of fine.

NRS 684A.250        Court may impose fine in lieu of Commissioner’s penalty.

NRS 684A.260        Reinstatement of license; relicensing; limitations.

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      NRS 684A.010  Applicability; short title.  This chapter applies to adjusters only as defined in NRS 684A.020, and does not apply to any person who adjusts or settles claims relating to life or health coverage or annuities. This chapter may be cited as the Nevada Insurance Adjusters Law.

      (Added to NRS by 1971, 1661; A 1981, 270)

      NRS 684A.015  Definitions.  As used in this Code, unless the context otherwise requires, the words and terms defined in NRS 684A.020 to 684A.030, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2011, 3362)

      NRS 684A.020  “Adjuster” defined.

      1.  Except as otherwise provided in subsection 2, “adjuster” means any person who, for compensation as an independent contractor or for a fee or commission, investigates and settles, and reports to his or her principal relative to, claims:

      (a) Arising under insurance contracts for property, casualty or surety coverage, on behalf solely of the insurer or the insured; or

      (b) Against a self-insurer who is providing similar coverage, unless the coverage provided relates to a claim for industrial insurance.

      2.  For the purposes of this chapter:

      (a) An associate adjuster, as defined in NRS 684A.030;

      (b) An attorney at law who adjusts insurance losses from time to time incidental to the practice of his or her profession;

      (c) An adjuster of ocean marine losses;

      (d) A salaried employee of an insurer;

      (e) A salaried employee of a managing general agent maintaining an underwriting office in this state;

      (f) An employee of an independent adjuster or an employee of an affiliate of an independent adjuster who is one of not more than 25 such employees under the supervision of an independent adjuster or licensed agent and who:

             (1) Collects information relating to a claim for coverage arising under an insurance contract from or furnishes such information to an insured or a claimant; and

             (2) Conducts data entry, including, without limitation, entering data into an automated claims adjudication system;

      (g) A licensed agent who supervises not more than 25 employees described in paragraph (f);

      (h) A person who is employed only to collect factual information concerning a claim for coverage arising under an insurance contract;

      (i) A person who is employed only to provide technical assistance to an independent adjuster;

      (j) A person who is employed to investigate suspected fraudulent claims for coverage arising under an insurance contract but who does not adjust losses or determine the payment of claims;

      (k) A person who performs only executive, administrative, managerial or clerical duties, or any combination thereof, but does not investigate or settle claims for coverage arising under an insurance contract;

      (l) A licensed health care provider or any employee thereof who provides managed care services if those services do not include the determination of compensability;

      (m) A managed care organization or any employee thereof or an organization that provides managed care services or any employee thereof if the services provided do not include the determination of compensability;

      (n) A person who settles only reinsurance or subrogation claims;

      (o) A broker, agent or representative of a risk retention group;

      (p) An attorney-in-fact of a reciprocal insurer; or

      (q) A manager of a branch office of an alien insurer that is located in the United States,

Ę is not considered an adjuster.

      (Added to NRS by 1971, 1661; A 1981, 270; 1987, 141; 1993, 2389; 1995, 1615; 2011, 1018, 3362)

      NRS 684A.023  “Automated claims adjudication system” defined.  “Automated claims adjudication system” means a preprogrammed computer system which:

      1.  Is designed for the collection, data entry, calculation and final resolution of claims arising under an insurance contract for portable electronic insurance coverage;

      2.  Is used by a licensed adjuster, licensed agent or person supervised by a licensed adjuster or licensed agent; and

      3.  Complies with the requirements of this Code concerning the payment of claims.

      (Added to NRS by 2011, 1017)

      NRS 684A.027  “Home state” defined.  “Home state” means:

      1.  The District of Columbia or any state or territory of the United States in which an adjuster maintains his or her principal place of residence or principal place of business and is licensed to act as an adjuster; or

      2.  If neither the state in which the adjuster maintains his or her principal place of residence nor the state in which the adjuster maintains his or her principal place of business has a licensing or examination requirement, a state:

      (a) Which has an examination requirement;

      (b) In which the adjuster is licensed; and

      (c) Which the adjuster declares to be the home state.

      (Added to NRS by 2011, 3362)

      NRS 684A.030  “Independent,” “public” and “associate adjuster” defined.

      1.  “Independent adjuster” means an adjuster representing the interests of an insurer or a self-insurer.

      2.  “Public adjuster” means an adjuster employed by and representing solely the financial interests of the insured named in the policy.

      3.  “Associate adjuster” means an employee of an adjuster who, under the direct supervision of the adjuster, assists in the investigation and settlement of insurance losses on behalf of his or her employer.

      (Added to NRS by 1971, 1661; A 1987, 141; 2011, 3362)

      NRS 684A.035  Applicability of other provisions of NRS.

      1.  The provisions of NRS 683A.341 and 686A.310 apply to adjusters and associate adjusters.

      2.  For the purposes of subsection 1, unless the context requires that a section apply only to producers of insurance or insurers, any reference in those sections to “producer of insurance” or “insurer” must be replaced by a reference to “adjuster or associate adjuster.”

      (Added to NRS by 2011, 3362)

      NRS 684A.040  License required; penalties.

      1.  No person may act as, or hold himself or herself out to be, an adjuster or associate adjuster in this State unless then licensed as such under the applicable independent adjuster’s license, public adjuster’s license or associate adjuster’s license, as the case may be, issued under the provisions of this chapter.

      2.  Any person violating the provisions of this section is guilty of a gross misdemeanor.

      3.  A person who acts as an adjuster in this State without a license is subject to an administrative fine of not more than $1,000 for each violation.

      (Added to NRS by 1971, 1662; A 2001, 2211; 2011, 3363)

      NRS 684A.050  Concurrent licensing as independent and public adjuster prohibited.  The Commissioner may license an individual as either an independent adjuster or as a public adjuster. No individual shall be licensed concurrently under the same license or separate licenses as an independent adjuster and as a public adjuster.

      (Added to NRS by 1971, 1662)

      NRS 684A.055  Licensing of person in business of repairing bodies of automobiles prohibited.  No person who is engaged in the business of repairing the bodies of automobiles may:

      1.  Be licensed pursuant to this chapter.

      2.  Own a controlling interest in a firm or corporation licensed pursuant to NRS 684A.080.

      (Added to NRS by 1985, 484)

      NRS 684A.060  Exceptions to requirement of licensing: Agents; catastrophes.

      1.  On behalf of, as authorized by, an insurer as to which he or she is licensed as an agent under chapter 683A of NRS, an agent may from time to time act as an adjuster without a license as an adjuster; but no such agent shall act as an adjuster for an insurer with which the agent has a contract providing for compensation retrospectively contingent upon losses incurred under insurance sold or serviced by the agent.

      2.  No license shall be required of a nonresident salaried adjuster or independent adjuster for the adjustment in this state of one or more losses arising out of a catastrophe common to all such losses where such losses are designated to be a catastrophe by responsible insurance associations or the Commissioner.

      (Added to NRS by 1971, 1662)

      NRS 684A.070  Qualifications for license for natural person; denial, suspension, revocation of or limitation on license for committing certain crime.

      1.  For the protection of the people of this State, the Commissioner may not issue or continue any license as an adjuster except in compliance with the provisions of this chapter. Any person for whom a license is issued or continued must:

      (a) Be at least 18 years of age;

      (b) Be competent, trustworthy, financially responsible and of good reputation;

      (c) Never have been convicted of, or entered a plea of guilty, guilty but mentally ill or nolo contendere to, forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to defraud or any crime involving moral turpitude;

      (d) Unless exempted pursuant to NRS 684A.100 or 684A.105, pass all examinations required under this chapter; and

      (e) Not be concurrently licensed as a producer of insurance for property, casualty or surety or a surplus lines broker, except as a bail agent.

      2.  A natural person who is a resident of this State applying for a license must, as part of his or her application and at the applicant’s own expense:

      (a) Arrange to have a complete set of his or her fingerprints taken by a law enforcement agency or other authorized entity acceptable to the Commissioner; and

      (b) Submit to the Commissioner:

             (1) A completed fingerprint card and written permission authorizing the Commissioner to submit the applicant’s fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Commissioner deems necessary; or

             (2) Written verification, on a form prescribed by the Commissioner, stating that the fingerprints of the applicant were taken and directly forwarded electronically or by another means to the Central Repository and that the applicant has given written permission to the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for submission to the Federal Bureau of Investigation for a report on the applicant’s background and to such other law enforcement agencies as the Commissioner deems necessary.

      3.  The Commissioner may:

      (a) Unless the applicant’s fingerprints are directly forwarded pursuant to subparagraph (2) of paragraph (b) of subsection 2, submit those fingerprints to the Central Repository for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Commissioner deems necessary;

      (b) Request from each such agency any information regarding the applicant’s background as the Commissioner deems necessary; and

      (c) Adopt regulations concerning the procedures for obtaining this information.

      4.  A conviction of, or plea of guilty, guilty but mentally ill or nolo contendere by, an applicant or licensee for any crime listed in paragraph (c) of subsection 1 is a sufficient ground for the Commissioner to deny a license to the applicant, or to suspend, revoke or limit the license of an adjuster pursuant to NRS 684A.210.

      (Added to NRS by 1971, 1662; A 1971, 1939; 1977, 1328; 1997, 3028, 3379; 2005, 2127; 2007, 1480; 2011, 3363)

      NRS 684A.080  Licensing of firm or corporation.

      1.  A firm or corporation may be licensed either as an independent adjuster or public adjuster. Each general partner and each other natural person to act for the firm, or each natural person to act for the corporation, must be named in the license and must qualify as an individual licensee. A natural person who is authorized to act for a firm or corporation and who also wishes to be licensed in an individual capacity must obtain a separate license in the natural person’s own name. The Commissioner shall charge a full additional fee for each natural person named in the license.

      2.  Transaction of business under the license must be within the purposes stated in the firm’s partnership agreement or the corporation’s charter.

      3.  The licensee shall promptly notify the Commissioner in writing of all changes among its members, directors, officers and other natural persons designated in the license.

      (Added to NRS by 1971, 1663; A 1985, 1066; 2005, 2128)

      NRS 684A.090  Application for license; penalty. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  The applicant for a license as an adjuster shall file a written application therefor with the Commissioner on forms prescribed and furnished by the Commissioner. As part of, or in connection with, the application, the applicant shall furnish information as to his or her identity, personal history, experience, financial responsibility, business record and other pertinent matters as reasonably required by the Commissioner to determine the applicant’s eligibility and qualifications for the license.

      2.  If the applicant is a natural person, the application must include the social security number of the applicant.

      3.  If the applicant is a firm or corporation, the application must designate each individual who is to exercise the license powers and must include:

      (a) The name of each member of the firm or each officer and director of the corporation;

      (b) The name of each executive officer and director who owns more than 10 percent of the outstanding voting securities of the applicant; and

      (c) The name of any other individual who owns more than 10 percent of the outstanding voting securities of the applicant.

Ę Each such member, officer, director and individual shall furnish information to the Commissioner as though applying for an individual license.

      4.  If the applicant is a nonresident of this state, the application must be accompanied by an appointment of the Commissioner as process agent and agreement to appear pursuant to NRS 684A.200.

      5.  The application must be accompanied by the applicable license fee as specified in NRS 680B.010 and, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110.

      6.  No applicant for such a license may willfully misrepresent or withhold any fact or information called for in the application form or in connection therewith. A violation of this subsection is a gross misdemeanor.

      (Added to NRS by 1971, 1663; A 1997, 2191; 2009, 1778; 2011, 1019)

      NRS 684A.090  Application for license; penalty. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  The applicant for a license as an adjuster shall file a written application therefor with the Commissioner on forms prescribed and furnished by the Commissioner. As part of, or in connection with, the application the applicant shall furnish information as to his or her identity, personal history, experience, financial responsibility, business record and other pertinent matters as reasonably required by the Commissioner to determine the applicant’s eligibility and qualifications for the license.

      2.  If the applicant is a firm or corporation, the application must designate each individual who is to exercise the license powers and must include:

      (a) The name of each member of the firm or each officer and director of the corporation;

      (b) The name of each executive officer and director who owns more than 10 percent of the outstanding voting securities of the applicant; and

      (c) The name of any other individual who owns more than 10 percent of the outstanding voting securities of the applicant.

Ę Each such member, officer, director and individual shall furnish information to the Commissioner as though applying for an individual license.

      3.  If the applicant is a nonresident of this state, the application shall be accompanied by an appointment of the Commissioner as process agent and agreement to appear pursuant to NRS 684A.200.

      4.  The application shall be accompanied by the applicable license fee as specified in NRS 680B.010 (fee schedule) and, in addition to any other fee or charge, all applicable fees required pursuant to NRS 680C.110.

      5.  No applicant for such a license shall willfully misrepresent or withhold any fact or information called for in the application form or in connection therewith. A violation of this subsection is a gross misdemeanor.

      (Added to NRS by 1971, 1663; A 1997, 2191; 2009, 1778; 2011, 1019, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 684A.100  Examination for license.  Each person who intends to apply for a license as an adjuster must, before applying for the license, personally take and pass to the Commissioner’s satisfaction a written examination testing the applicant’s qualifications and competence to act as an adjuster and his or her knowledge of pertinent provisions of this Code unless:

      1.  The person:

      (a) Is not a resident of this State;

      (b) Has passed an examination to become licensed as an adjuster in the person’s home state; and

      (c) Is currently licensed and in good standing in the person’s home state as an adjuster; or

      2.  The person was licensed in this State as the same type of adjuster within the 24-month period immediately preceding the date of the application, unless the previous license was revoked or suspended or its continuation was refused by the Commissioner.

      (Added to NRS by 1971, 1664; A 1981, 1805; 2011, 3364)

      NRS 684A.105  Exemption from examination.  An adjuster whose license expires is exempt from retaking the examination required by NRS 684A.100 if:

      1.  The adjuster:

      (a) Is not a resident of this State;

      (b) Has passed an examination to become licensed as an adjuster in the person’s home state; and

      (c) Is currently licensed and in good standing in the person’s home state as an adjuster; or

      2.  The adjuster was licensed in this State as the same type of adjuster within the 24-month period immediately preceding the date of the application, unless the previous license was revoked or suspended or its continuation was refused by the Commissioner.

      (Added to NRS by 2001, 2211; A 2011, 3365)

      NRS 684A.110  Issuance of license; notice of refusal to issue license; fees not refundable; name of licensee.

      1.  If the Commissioner finds that the application is complete, that the applicant has passed all required examinations and is otherwise eligible and qualified for the license as an adjuster, the Commissioner shall promptly issue the license. If the Commissioner refuses to issue the license, the Commissioner shall promptly notify the applicant in writing of the refusal, stating the grounds for the refusal.

      2.  All fees paid by an applicant with an application for a license shall be deemed earned when received and may not be refunded.

      3.  An applicant for a license who desires to use a name other than his or her true name must comply with the provisions of NRS 683A.301.

      (Added to NRS by 1971, 1664; A 1987, 461; 2001, 2212)

      NRS 684A.120  Form and contents of license.

      1.  The Commissioner shall prescribe the form of the adjuster license, which shall state:

      (a) The licensee’s name and business address;

      (b) The classification of the license, whether as an independent adjuster or as a public adjuster;

      (c) Date of issuance and general conditions as to expiration and termination; and

      (d) Such other conditions as the Commissioner deems proper.

      2.  The Commissioner may not issue a license in a trade name unless the name has been registered as provided by law.

      (Added to NRS by 1971, 1665; A 1977, 1329)

      NRS 684A.130  Expiration and renewal of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  Each license issued under this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. A license may be renewed upon payment of all applicable fees for renewal to the Commissioner and submission of the statement required pursuant to NRS 684A.143 if the licensee is a natural person. The statement, if required, must be submitted and all applicable fees must be paid on or before the last day of the month in which the license is renewable.

      2.  Any license not so renewed expires at midnight on the last day specified for its renewal. The Commissioner may accept a request for renewal received by the Commissioner within 30 days after the expiration of the license if the request is accompanied by:

      (a) A fee for renewal of 150 percent of all applicable fees otherwise required, except for any fee required pursuant to NRS 680C.110;

      (b) If the person requesting renewal is a natural person, the statement required pursuant to NRS 684A.143;

      (c) Proof of successful completion of any requirement for an examination unless exempt pursuant to NRS 684A.105; and

      (d) If applicable, a request for a waiver of the time limit for renewal and of any fine or sanction otherwise required or imposed because of the failure of the licensee to renew his or her license because of military service, extended medical disability or other extenuating circumstance.

      3.  This section does not apply to temporary licenses issued under NRS 684A.150.

      (Added to NRS by 1971, 1665; A 1981, 1806; 1987, 151, 462; 1997, 2191; 2009, 1779; 2011, 3365; 2013, 3837)

      NRS 684A.130  Expiration and renewal of license. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  Each license issued under this chapter continues in force for 3 years unless it is suspended, revoked or otherwise terminated. A license may be renewed upon payment of all applicable fees for renewal to the Commissioner. All applicable fees must be paid on or before the last day of the month in which the license is renewable.

      2.  Any license not so renewed expires at midnight on the last day specified for its renewal. The Commissioner may accept a request for renewal received by the Commissioner within 30 days after the expiration of the license if the request is accompanied by:

      (a) A fee for renewal of 150 percent of all applicable fees otherwise required, except for any fee required pursuant to NRS 680C.110;

      (b) Proof of successful completion of any requirement for an examination unless exempt pursuant to NRS 684A.105; and

      (c) If applicable, a request for a waiver of the time limit for renewal and of any fine or sanction otherwise required or imposed because of the failure of the licensee to renew his or her license because of military service, extended medical disability or other extenuating circumstance.

      3.  This section does not apply to temporary licenses issued under NRS 684A.150.

      (Added to NRS by 1971, 1665; A 1981, 1806; 1987, 151, 462; 1997, 2191; 2009, 1779; 2011, 3365; 2013, 3837, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 684A.140  Associate adjuster: Application for license; fee; license; penalty. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  Concurrently with an application for a license or for renewal of a license as an adjuster, the applicant or licensee must provide an appointment for each associate adjuster employed by him or her or to be employed by him or her contingent upon issuance of the license. Each person who desires to become licensed as an associate adjuster must submit an application to the Commissioner for such a license. The application must include the social security number of the applicant.

      2.  Upon payment of all applicable fees, the Commissioner shall issue and deliver to a licensed adjuster a license for each associate authorized by the State to act on behalf of the licensee. The Commissioner shall not issue a license as an associate adjuster to a person who is licensed as a producer of insurance for property, casualty or surety or a surplus lines broker.

      3.  The license of an associate adjuster may be renewed upon payment of all applicable fees. The license terminates at the same time as the license of the employing adjuster unless, within 30 days after the termination of the license, the associate adjuster submits to the Commissioner all applicable fees and a request to be employed by another employing adjuster. The Commissioner shall promptly terminate an associate adjuster’s license upon written request therefor by the employing adjuster.

      4.  A person shall not act as or hold himself or herself out in this State to be an associate adjuster unless the person holds a current license as such issued to the person by the Commissioner. A violation of this provision is a gross misdemeanor.

      (Added to NRS by 1971, 1665; A 1981, 1806; 1983, 918; 1985, 349; 1997, 2192; 2005, 2128; 2009, 1779)

      NRS 684A.140  Associate adjuster: Application for license; fee; license; penalty. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  Concurrently with an application for a license or for renewal of a license as an adjuster, the applicant or licensee must provide an appointment for each associate adjuster employed by him or her or to be employed by him or her contingent upon issuance of the license. Each person who desires to become licensed as an associate adjuster must submit an application to the Commissioner for such a license.

      2.  Upon payment of all applicable fees, the Commissioner shall issue and deliver to a licensed adjuster a license for each associate authorized by the State to act in behalf of the licensee. The Commissioner shall not issue a license as an associate adjuster to a person who is licensed as a producer of insurance for property, casualty or surety or a surplus lines broker.

      3.  The license of an associate adjuster may be renewed upon payment of all applicable fees. The license terminates at the same time as the license of the employing adjuster unless, not more than 30 days after the termination of the license, the associate adjuster submits to the Commissioner all applicable fees and a request to be employed by another employing adjuster. The Commissioner shall promptly terminate an associate adjuster’s license upon written request therefor by the employing adjuster.

      4.  A person shall not act as or hold himself or herself out in this State to be an associate adjuster unless the person holds a current license as such issued to the person by the Commissioner. A violation of this provision is a gross misdemeanor.

      (Added to NRS by 1971, 1665; A 1981, 1806; 1983, 918; 1985, 349; 1997, 2192; 2005, 2128, 2129; 2009, 1779, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 684A.143  Payment of child support: Statement by applicant for license; grounds for denial of license; duty of Commissioner. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  A natural person who applies for the issuance or renewal of a license shall submit to the Commissioner the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Commissioner shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license; or

      (b) A separate form prescribed by the Commissioner.

      3.  A license may not be issued or renewed by the Commissioner if the applicant is a natural person who:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Commissioner shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      5.  As used in this section, “license” means:

      (a) A license as an adjuster; and

      (b) A license as an associate adjuster.

      (Added to NRS by 1997, 2190; A 1999, 520; 2011, 3365)

      NRS 684A.147  Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Commissioner receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license, the Commissioner shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Commissioner shall reinstate a license that has been suspended by a district court pursuant to NRS 425.540 if the Commissioner receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      3.  As used in this section, “license” means:

      (a) A license as an adjuster; and

      (b) A license as an associate adjuster.

      (Added to NRS by 1997, 2191; A 1999, 520; 2011, 3366)

      NRS 684A.150  Temporary license as independent adjuster.

      1.  In the event of death or inability to act as a licensed independent adjuster, the Commissioner may issue a temporary license as an independent adjuster to another individual qualified therefor except as to the taking and passing of the required examination, to enable such individual to continue the business of the deceased licensee or the licensee who has a disability.

      2.  The temporary license shall be valid for 6 months, or until the temporary licensee earlier qualifies for a regular license as an independent adjuster, but the Commissioner may, in his or her discretion, extend the temporary license period as reasonably necessary while the temporary licensee is acting as an administrator or executor or is otherwise using the license in endeavoring to settle the estate of a deceased independent adjuster.

      (Added to NRS by 1971, 1666)

      NRS 684A.160  Fee for adjuster’s license.  Before the issuance or continuation of an adjuster’s license the applicant must pay a fee established by the Commissioner of not more than $15 for deposit in the Insurance Recovery Account created by NRS 679B.305.

      (Added to NRS by 1971, 1666; A 1977, 1329; 1987, 152; 1995, 1102; 2005, 2129)

      NRS 684A.170  Place of business; display of license.

      1.  Every adjuster shall have and maintain in this state a place of business accessible to the public and from which the licensee principally conducts transactions under his or her license. The address of such place shall appear upon the application for a license and upon the license, when issued, and the licensee shall promptly notify the Commissioner in writing of any change thereof. Nothing in this section shall prohibit the maintenance of such place in the licensee’s residence in this state.

      2.  The license of the licensee and those of associate adjusters employed by the licensee shall be conspicuously displayed in such place of business in a part thereof customarily open to the public.

      (Added to NRS by 1971, 1666)

      NRS 684A.180  Records.

      1.  Each adjuster shall keep at his or her business address shown on the adjuster’s license a record of all transactions under the license.

      2.  The record shall include:

      (a) A copy of all investigations or adjustments undertaken.

      (b) A statement of any fee, commission or other compensation received or to be received by the adjuster on account of such investigation or adjustment.

      3.  The adjuster shall make such records available for examination by the Commissioner at all times, and shall retain the records for at least 3 years.

      (Added to NRS by 1971, 1667)

      NRS 684A.190  Responsibility for employees.  All business transacted by an adjuster under the adjuster’s license shall be in his or her name, and the adjuster shall be responsible for the acts or omissions of his or her employees within the scope of their employment.

      (Added to NRS by 1971, 1667)

      NRS 684A.200  Nonresident licensees: Service of process; agreement to appear.  Nonresidents of this state who are granted licenses as adjusters pursuant to NRS 684A.070 are also subject to NRS 683A.281.

      (Added to NRS by 1971, 1667; A 2001, 2212; 2011, 3366)

      NRS 684A.210  Suspension, revocation or limitation of license: Grounds; surrender of license.

      1.  The Commissioner may suspend, revoke, limit or refuse to continue any adjuster’s license or associate adjuster’s license:

      (a) For any cause specified in any other provision of this chapter;

      (b) For any applicable cause for revocation of the license of a producer of insurance under NRS 683A.451; or

      (c) If the licensee has for compensation represented or attempted to represent both the insurer and the insured in the same transaction.

      2.  The license of a firm or corporation may be suspended, revoked, limited or continuation refused for any cause which relates to any individual designated in or with respect to the license to exercise its powers.

      3.  The holder of any license which has been suspended or revoked shall forthwith surrender the license to the Commissioner.

      (Added to NRS by 1971, 1667; A 2001, 2212)

      NRS 684A.220  Suspension, revocation or limitation of license: Applicable provisions.  NRS 683A.451, 683A.461 and 683A.480 also apply to suspension, revocation, limitation or refusal to continue adjusters’ licenses and associate adjusters’ licenses, except where in conflict with the express provisions of this chapter.

      (Added to NRS by 1971, 1667; A 2001, 2212)

      NRS 684A.230  Duration of suspension.  Every order suspending any license shall specify the period during which the suspension shall be effective, which period shall in no event exceed 12 months.

      (Added to NRS by 1971, 1668)

      NRS 684A.240  Commissioner may levy fine; recovery of fine.

      1.  In addition to or in lieu of the suspension, revocation or refusal to renew any adjuster’s license for any of the causes referred to in NRS 684A.210, after hearing thereon or upon waiver of hearing by the licensee, the Commissioner may levy upon the licensee an administrative fine in any amount not less than $25 nor more than $500.

      2.  In his or her order levying the fine the Commissioner shall specify a period of not less than 15 days nor more than 30 days after the date of the order within which the fine must be paid in full.

      3.  If the fine is not paid when due, the Commissioner shall revoke the license involved, if not already revoked, and the fine must be recovered in a civil action brought by the Attorney General in the Commissioner’s behalf.

      4.  All fines recovered pursuant to this section must be deposited with the State Treasurer for credit to the State General Fund.

      (Added to NRS by 1971, 1668; A 1983, 1545; 1993, 1916, 2389; 1995, 579)

      NRS 684A.250  Court may impose fine in lieu of Commissioner’s penalty.

      1.  Upon the hearing of an appeal from the Commissioner’s order suspending, revoking or refusing to continue any license issued under the provisions of this chapter, the court, if it finds that the licensee is guilty of a violation of the law, and if it deems the suspension, revocation or refusal too severe a penalty under the facts as found, may impose a fine of not more than $500 in lieu thereof. Payment of the fine within 10 days thereafter shall reinstate, restore or continue the license.

      2.  If it appears that a license of the licensee has theretofore been suspended, revoked or refused for a similar offense, the court shall not have jurisdiction to impose a fine in lieu of the action required by the order appealed from.

      (Added to NRS by 1971, 1668)

      NRS 684A.260  Reinstatement of license; relicensing; limitations.  The Commissioner shall not reinstate the adjuster’s license of or relicense any licensee or former licensee whose license has been suspended or revoked until any cause for such suspension or revocation, not being a cause continuing in character, arising after issuance of the license no longer exists, or until any fine theretofore levied on the licensee under NRS 684A.240 or 684A.250 has been fully paid.

      (Added to NRS by 1971, 1668)