[Rev. 6/20/2022 8:21:19 AM]
[NAC-684A Revised Date: 5-22]
684A.010 Required score on examination. [Replaced in revision by NAC 684A.300.]
GENERAL PROVISIONS
684A.100 Definitions.
684A.105 “Designated representative” defined.
684A.112 “Instructor” defined.
684A.116 “License as an adjuster” defined.
684A.125 “Sponsor” defined.
684A.130 “Unsuitable person” defined.
PRELICENSURE EDUCATION
684A.200 Requirements for completion of course of instruction.
684A.205 Approval of course of instruction and instructor: Required documents; grounds for denial; limitation on hours; approval of material change in content of course.
684A.210 Qualifications of instructor; limitations on instruction.
684A.215 Approval of correspondence, extension or self-study course of instruction.
684A.220 Required subject matter of course of instruction; hours of instruction.
684A.230 Sponsor of course of instruction: Maintenance of records; quarterly submission of certain information; provision of certificate of completion of course.
684A.235 Grounds for suspension or revocation of approval of course of instruction; audit to ensure compliance; reinstatement of approval.
684A.240 Submission of false or fraudulent certificate of completion grounds for refusal to issue, suspend or revoke license.
684A.250 Required forms.
LICENSURE
684A.300 Required score on examination.
CONTINUING EDUCATION
684A.400 Requirements for renewal of license; exception for certain nonresident licensees.
684A.405 Requirements for approval of course; application; grounds for denial; approval of material change in content of course; certain notice required of sponsor of course.
684A.410 Requirements for advertising.
684A.415 Duties of sponsor of approved course.
684A.420 Credit for completion of unapproved course.
684A.425 Credit for teaching approved course by licensee.
684A.430 Limitations on receipt and use of credit.
684A.435 Verification of completion: Provision to Commissioner; maintenance by licensee; effect of failure to provide.
684A.440 Grounds for suspension or revocation of approval of course of continuing education; audit to ensure compliance; reinstatement of approval.
684A.450 Failure to comply with requirements grounds for refusal to renew license; submission of false or fraudulent affidavit of compliance.
NAC 684A.010 Required score on examination. [Replaced in revision by NAC 684A.300.]
GENERAL PROVISIONS
NAC 684A.100 Definitions. (NRS 679B.130, 684A.235) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 684A.105 to 684A.130, inclusive, have the meanings ascribed to them in those sections.
(Added to NAC by Comm’r of Insurance by R028-18, eff. 7-1-2018)
NAC 684A.105 “Designated representative” defined. (NRS 679B.130, 684A.235) “Designated representative” means:
1. Any nongovernmental entity with which the Commissioner contracts pursuant to NRS 684A.120 to perform ministerial functions associated with prelicensing, licensing or continuing education programs; or
2. An employee of the Division who has been designated by the Commissioner to act on behalf of the Commissioner with regard to prelicensing, licensing or continuing education programs.
(Added to NAC by Comm’r of Insurance by R028-18, eff. 7-1-2018)
NAC 684A.112 “Instructor” defined. (NRS 679B.130, 684A.235) “Instructor” means the person who will be responsible for teaching the material of the course to the participants of the course. The instructor may be, but is not required to be, the same person as the sponsor.
(Added to NAC by Comm’r of Insurance by R028-18, eff. 7-1-2018)
NAC 684A.116 “License as an adjuster” defined. (NRS 679B.130, 684A.235) “License as an adjuster” means a license as an independent adjuster, a public adjuster, a company adjuster or a staff adjuster.
(Added to NAC by Comm’r of Insurance by R028-18, eff. 7-1-2018)
NAC 684A.125 “Sponsor” defined. (NRS 679B.130, 684A.235) “Sponsor” means the person seeking approval for a course of instruction pursuant to NAC 684A.205.
(Added to NAC by Comm’r of Insurance by R028-18, eff. 7-1-2018)
NAC 684A.130 “Unsuitable person” defined. (NRS 679B.130, 684A.235) “Unsuitable person” has the meaning ascribed to it in NAC 679B.039.
(Added to NAC by Comm’r of Insurance by R028-18, eff. 7-1-2018)
PRELICENSURE EDUCATION
NAC 684A.200 Requirements for completion of course of instruction. (NRS 679B.130, 684A.070, 684A.235) In addition to the requirements of chapter 684A of NRS, an applicant for a license as an adjuster or an associate adjuster must complete a course of instruction approved by the Commissioner or a designated representative for the line of insurance for which the applicant is applying. The course must have been completed within 2 years immediately preceding the date of the application for the license.
(Added to NAC by Comm’r of Insurance by R028-18, eff. 7-1-2018)
NAC 684A.205 Approval of course of instruction and instructor: Required documents; grounds for denial; limitation on hours; approval of material change in content of course. (NRS 679B.130, 684A.070, 684A.235)
1. A course of instruction and the instructor for the course must be approved by the Commissioner or a designated representative before the course is offered to a prospective applicant for a license as an adjuster. The sponsor of the course must submit to the Commissioner or a designated representative:
(a) An application for approval of the instructor, specifying his or her experience and qualifications;
(b) An application for approval of the course, including, without limitation, a detailed outline of the course and a description of the scale to be used in grading the persons taking the course;
(c) A schedule of the times the course is to be taught; and
(d) A certification that the content of the course complies with NAC 684A.200 to 684A.250, inclusive.
2. The Commissioner or a designated representative will not approve a course which:
(a) Substantially involves techniques for taking the licensing examination;
(b) Is directed toward teaching techniques of selling, soliciting or negotiating insurance, motivation or finding applicants for insurance;
(c) Is substantially a course to teach clerical skills; or
(d) Does not meet the requirements of NAC 684A.200 to 684A.250, inclusive.
3. An approved course must not have more than 8 hours of instruction in the classroom each day.
4. The Commissioner or a designated representative will grant or deny approval of each course in writing within 60 days after receiving the information required pursuant to subsection 1.
5. Any material change in the content of a course approved by the Commissioner or a designated representative must be submitted for approval before presentation of the course.
(Added to NAC by Comm’r of Insurance by R028-18, eff. 7-1-2018)
NAC 684A.210 Qualifications of instructor; limitations on instruction. (NRS 679B.130, 684A.070, 684A.235)
1. An instructor must:
(a) Have at least 5 years of relevant experience in the topic to be taught; or
(b) Be approved by the Nevada System of Higher Education to teach insurance within that System.
2. Not more than one-third of any course approved by the Commissioner or a designated representative may be taught by:
(a) A person who does not satisfy the requirements of subsection 1;
(b) Videotapes or audiotapes; or
(c) Any other mechanical teaching aids.
3. For the purposes of this section, “mechanical teaching aids” includes, without limitation, digital or electronic versions of mechanical methods of instruction, such as software which presents a slideshow, video or audio recordings transmitted via the Internet and other similar methods of communication.
(Added to NAC by Comm’r of Insurance by R028-18, eff. 7-1-2018)
NAC 684A.215 Approval of correspondence, extension or self-study course of instruction. (NRS 679B.130, 684A.070, 684A.235)
1. A correspondence course, extension course or self-study course may be approved by the Commissioner or a designated representative if:
(a) The course satisfies all the requirements of NAC 684A.200 to 684A.250, inclusive;
(b) The student has quick and easy access to the sponsor or instructor of the course; and
(c) The student must pass a final examination at the end of the course to receive credit and the examination is directly monitored by the sponsor, the instructor or the sponsor’s or instructor’s representative.
2. The Commissioner or a designated representative will determine the equivalent number of hours of instruction in the classroom allowed for each approved correspondence course, extension course or self-study course.
(Added to NAC by Comm’r of Insurance by R028-18, eff. 7-1-2018)
NAC 684A.220 Required subject matter of course of instruction; hours of instruction. (NRS 679B.130, 684A.070, 684A.235)
1. A course must consist of:
(a) At least 5 hours of instruction in the classroom, or the equivalent in a self-study course approved by the Commissioner or a designated representative pursuant to NAC 684A.215, in the provisions of title 57 of NRS and the regulations adopted pursuant thereto, at least one-half of which must cover the laws and regulations common to all lines of insurance; and
(b) At least 15 hours of instruction in the classroom covering:
(1) Principles and concepts of insurance in general;
(2) Basic principles and concepts of the line of insurance for which the applicant is applying;
(3) The processes related to adjusting a claim;
(4) The ethical responsibilities of the adjuster; and
(5) Regulation by the government.
2. The Commissioner or a designated representative will determine pursuant to NAC 684A.215 if a correspondence course, extension course or self-study course meets the requirements of subsection 1.
(Added to NAC by Comm’r of Insurance by R028-18, eff. 7-1-2018)
NAC 684A.230 Sponsor of course of instruction: Maintenance of records; quarterly submission of certain information; provision of certificate of completion of course. (NRS 679B.130, 684A.070, 684A.235)
1. Each sponsor of a course shall maintain a complete record of each person attending the course. The record must:
(a) Indicate each person’s attendance;
(b) Indicate his or her final grade in the course;
(c) Be available for review by the Commissioner or a designated representative upon request during normal business hours; and
(d) Be retained by the sponsor for not less than 4 years.
2. Each sponsor of a course shall submit quarterly to the Commissioner or a designated representative for each course offered the name of the sponsor of the course, the date the course was completed and the name and grade of each person attending the course. If the course is a self-study course, the sponsor shall also submit the name and description of the course.
3. Except as otherwise provided in subsection 4, each sponsor of a course shall give to each person who successfully completes the course an original certificate of completion. The certificate must list the sponsor and instructor of the course, the grade obtained by the student in the course, the location, dates and times the course was offered and the fact that the course was for an adjuster. An applicant for a license as an adjuster must submit the certificate of completion with his or her application for a license as an adjuster.
4. The sponsor of a course may comply with the provisions of subsection 3 by providing to a person who successfully completes a course an electronically generated certificate of completion if the electronically generated certificate of completion cannot be altered in any way. The sponsor of a course that elects to issue an electronically generated certificate of completion shall upload the applicant’s course completion directly to the Commissioner’s education database as soon as practicable.
(Added to NAC by Comm’r of Insurance by R028-18, eff. 7-1-2018)
NAC 684A.235 Grounds for suspension or revocation of approval of course of instruction; audit to ensure compliance; reinstatement of approval. (NRS 679B.130, 684A.070, 684A.235)
1. The Commissioner or a designated representative thereof may suspend or revoke the approval of a course if he or she determines that:
(a) The content of the course has been changed without notice to the Commissioner or designated representative and the change affects the number of hours of credit assigned to the course;
(b) A certificate of completion has been issued and hours were credited to a person who has not completed the course;
(c) A certificate of completion has not been issued and hours have not been credited when requested to a person who has successfully completed the course;
(d) The quality of instruction is inadequate;
(e) The content of the course does not meet the requirements for approval of a course set forth in NAC 684A.220;
(f) The sponsor has not maintained the records required by NAC 684A.230; or
(g) The sponsor has employed an unsuitable person as an instructor for the course.
2. The Commissioner or a designated representative may audit a course to ensure that the content and instructor meet the requirements of NAC 684A.200 to 684A.250, inclusive.
3. If approval of a course is suspended or revoked by the Commissioner or a designated representative, approval may be reinstated at the discretion of the Commissioner or a designated representative and after the Commissioner or designated representative receives proof that the conditions giving rise to the suspension or revocation have been corrected.
(Added to NAC by Comm’r of Insurance by R028-18, eff. 7-1-2018)
NAC 684A.240 Submission of false or fraudulent certificate of completion grounds for refusal to issue, suspend or revoke license. (NRS 679B.130, 684A.070, 684A.235) The Commissioner will refuse to issue a license as an adjuster to, or will suspend or revoke the license of, any person who knowingly submits to the Commissioner a false or fraudulent certificate of completion of a course of instruction.
(Added to NAC by Comm’r of Insurance by R028-18, eff. 7-1-2018)
NAC 684A.250 Required forms. (NRS 679B.130, 684A.070, 684A.235) Every application, certificate or other form required to be filed with the Commissioner or a designated representative pursuant to NAC 684A.200 to 684A.250, inclusive, must be on a form approved by the Commissioner.
(Added to NAC by Comm’r of Insurance by R028-18, eff. 7-1-2018)
LICENSURE
NAC 684A.300 Required score on examination. (NRS 679B.130, 684A.100, 684A.235) Unless exempted from taking or retaking the examination pursuant to NRS 684A.100 or 684A.105, an applicant for a license as an adjuster must attain a score of 70 or more points in order to pass the licensing examination required by NRS 684A.100.
(Added to NAC by Comm’r of Insurance, eff. 3-15-84; A by R028-18, 7-1-2018)—(Substituted in revision for NAC 684A.010)
CONTINUING EDUCATION
NAC 684A.400 Requirements for renewal of license; exception for certain nonresident licensees. (NRS 679B.130, 684A.235) To renew a license as an adjuster, each individual who holds a license as an adjuster must, except as otherwise provided in NRS 684A.135, certify that he or she has successfully completed 24 hours of approved continuing education within the 3-year period before the date of renewal described in NRS 684A.130. Pursuant to NRS 684A.135, 3 of the 24 hours of approved continuing education must be in a subject of ethics. The hours of continuing education must be related to the line or lines of insurance for which the licensee holds a license.
(Added to NAC by Comm’r of Insurance by R028-18, eff. 7-1-2018)
NAC 684A.405 Requirements for approval of course; application; grounds for denial; approval of material change in content of course; certain notice required of sponsor of course. (NRS 679B.130, 684A.235)
1. Any person who requests approval of a course of continuing education shall furnish to the Commissioner or to a designated representative thereof not later than 60 days before the beginning of the course:
(a) An outline of the subject matter;
(b) The method of presentation;
(c) The qualifications of the instructor;
(d) The number of classroom hours or, if the request is for approval of a correspondence course, a self-study course or an on-line computer course, the equivalent of classroom hours, and a written procedure for conducting a supervised final examination;
(e) Any applicable fee established and required by the Commissioner; and
(f) Any other information required by the Commissioner or a designated representative.
2. Submission of the information required by subsection 1 must be on an application approved by the Commissioner.
3. The course must be designed to increase the knowledge and understanding of the individual who holds a license as an adjuster regarding:
(a) Principles of adjusting insurance claims;
(b) Applicable laws, rules and regulations concerning insurance;
(c) Recent changes in adjusting principles or practices; and
(d) The duties, ethics and responsibilities of the licensee.
4. The Commissioner or a designated representative will not approve a course that teaches topics relating to personal improvement, motivation, time management, supportive office skills or other topics that are not related to increasing technical knowledge of insurance principles, coverage, laws or regulations. The provisions of this subsection do not limit the authority of the Commissioner or a designated representative to refuse to approve a course for noncompliance with any other provision of NAC 684A.400 to 684A.450, inclusive.
5. The Commissioner or a designated representative will not approve a course if the total number of classroom hours is less than 1 hour. One hour of credit will be awarded for each 50 minutes of instruction, or the equivalent in self-study approved pursuant to NAC 684A.215.
6. The Commissioner or a designated representative will grant or deny approval of each course in writing within 60 days after receiving the information required pursuant to subsection 1.
7. Any material change in the content of a course approved by the Commissioner or a designated representative must be submitted for approval before presentation of the course.
8. A course that has been approved by the Commissioner or a designated representative is not required to be approved for any subsequent presentation of the course, except that the sponsor of the course shall submit a notice to the Commissioner or a designated representative, not later than 30 days before the course is offered, that includes the following information:
(a) The name and number of the course;
(b) The name of the instructor of the course;
(c) The place where the course will be offered; and
(d) The date and time when the course will be offered.
(Added to NAC by Comm’r of Insurance by R028-18, eff. 7-1-2018)
NAC 684A.410 Requirements for advertising. (NRS 679B.130, 684A.235)
1. A course of continuing education must not be advertised unless the Commissioner or a designated representative has approved the course in writing.
2. Any advertisement of an approved course of continuing education must contain:
(a) The title of the course;
(b) The name and address of the person approved to provide the course;
(c) The lines of insurance for which the course has been approved;
(d) The number of hours of credit for continuing education for which the course has been approved; and
(e) A brief summary or outline of the contents of the course.
(Added to NAC by Comm’r of Insurance by R028-18, eff. 7-1-2018)
NAC 684A.415 Duties of sponsor of approved course. (NRS 679B.130, 684A.235) The sponsor of a course of continuing education approved by the Commissioner or a designated representative thereof shall:
1. Provide a certificate of completion to each person who successfully completes the course. The certificate must be on a form approved by the Commissioner or a designated representative.
2. Maintain records of attendance and examination scores for not less than 4 years.
3. Make these records and scores available to the Commissioner or a designated representative upon request.
4. Not employ an unsuitable person as an instructor for the course.
(Added to NAC by Comm’r of Insurance by R028-18, eff. 7-1-2018)
NAC 684A.420 Credit for completion of unapproved course. (NRS 679B.130, 684A.235) An individual who holds a license as an adjuster who is seeking approval for hours of continuing education after completing a course organized by and conducted with the supervision of a trade association of the insurance industry or a national association of agents, brokers or adjusters that was not approved by the Commissioner or a designated representative thereof must:
1. Request approval of the hours from the Commissioner or a designated representative;
2. Submit the information required in subsection 1 of NAC 684A.405; and
3. Submit a document signed by the instructor or sponsor of the course which verifies the attendance of the licensee and his or her successful completion of each portion of the course for which credit is sought.
(Added to NAC by Comm’r of Insurance by R028-18, eff. 7-1-2018)
NAC 684A.425 Credit for teaching approved course by licensee. (NRS 679B.130, 684A.235) An individual who holds a license as an adjuster who teaches an approved course may receive credit for continuing education for the number of hours that would be granted to a licensee taking and successfully completing the course. Such a licensee will receive credit in this manner only once during a renewal period for each course taught.
(Added to NAC by Comm’r of Insurance by R028-18, eff. 7-1-2018)
NAC 684A.430 Limitations on receipt and use of credit. (NRS 679B.130, 684A.235) An individual who holds a license as an adjuster:
1. May receive credit for continuing education only once during a renewal period for each course taken.
2. May not carry forward to the next renewal period any hours of continuing education that are accumulated during a renewal period in excess of the hours required pursuant to NAC 684A.400.
(Added to NAC by Comm’r of Insurance by R028-18, eff. 7-1-2018)
NAC 684A.435 Verification of completion: Provision to Commissioner; maintenance by licensee; effect of failure to provide. (NRS 679B.130, 684A.235)
1. Each individual who holds a license as an adjuster shall furnish to the Commissioner upon the renewal of his or her license or upon the request of the Commissioner, the original certificate of completion issued by the sponsor for each course of continuing education.
2. Such a licensee shall keep a copy of each certificate of completion for not less than 4 years after the completion of the course.
3. Failure to provide verification of continuing education credits upon request by the Commissioner is evidence that the licensee did not complete the required continuing education.
(Added to NAC by Comm’r of Insurance by R028-18, eff. 7-1-2018)
NAC 684A.440 Grounds for suspension or revocation of approval of course of continuing education; audit to ensure compliance; reinstatement of approval. (NRS 679B.130, 684A.235)
1. The Commissioner or a designated representative thereof may suspend or revoke the approval of a course of continuing education if he or she determines that:
(a) The content of the course has been changed without notice to the Commissioner or designated representative and the change affects the number of hours of credit assigned to the course;
(b) A certificate of completion has been issued and hours were credited to a person who has not completed the course;
(c) A certificate of completion has not been issued and hours have not been credited when requested to a person who has successfully completed the course;
(d) The quality of instruction is inadequate;
(e) The content of the course does not meet the objectives of subsection 3 of NAC 684A.405;
(f) The sponsor has not maintained the records required by subsection 2 of NAC 684A.415; or
(g) The sponsor has employed an unsuitable person as an instructor for the course.
2. The Commissioner or a designated representative may audit a course to ensure that the content and instructor meet the requirements of NAC 684A.405.
3. If approval of a course is suspended or revoked by the Commissioner or a designated representative, approval may be reinstated at the discretion of the Commissioner or a designated representative and after the Commissioner or designated representative receives proof that the conditions giving rise to the suspension or revocation have been corrected.
(Added to NAC by Comm’r of Insurance by R028-18, eff. 7-1-2018)
NAC 684A.450 Failure to comply with requirements grounds for refusal to renew license; submission of false or fraudulent affidavit of compliance. (NRS 679B.130, 684A.235)
1. The Commissioner will not, except as otherwise provided in NRS 684A.135, renew the license of an individual who holds a license as an adjuster and fails to comply with the requirements of NAC 684A.400 to 684A.450, inclusive.
2. Any person who submits a false or fraudulent affidavit that certifies his or her compliance with the requirements of NAC 684A.400 to 684A.450, inclusive, shall be deemed to have:
(a) Violated a regulation for the purposes of subsection 2 of NRS 683A.451;
(b) Made a material misrepresentation in an application for a license for the purposes of subsection 1 or 3 of NRS 683A.451; and
(c) Proven himself or herself untrustworthy for the purposes of subsection 8 of NRS 683A.451.
(Added to NAC by Comm’r of Insurance by R028-18, eff. 7-1-2018)