NAC: CHAPTER 692A - TITLE INSURANCE

[Rev. 8/27/2018 12:30:03 PM]

[NAC-692A Revised Date: 8-18]

CHAPTER 692A - TITLE INSURANCE

692A.010 Definitions.

692A.020 Actions not considered as soliciting applications or negotiating contracts.

692A.030 Licenses: Application.

692A.040 Licenses: Qualifications.

692A.050 Licenses: Firm or corporation licensed only as title agent.

692A.055 Licensing of title agents: Required experience; proof of experience.

692A.060 Licensing of escrow officers: Proof of experience.

692A.070 Display of license.

692A.080 Appointment of title agents.

692A.090 Appointment of title agent or employment of escrow officer: Filing of required documents; effect of filing and failure to file.

692A.100 Termination of appointment of title agent or employment of escrow officer.

692A.110 Annual certification of certain title agents, escrow officers and employees.

692A.115 Certification required before allowing title agent or escrow officer to perform certain acts.

692A.120 Supervision and examination: Interpretation of term.

692A.130 Supervision and examination: Imposition of fees and charges.

692A.140 Supervision and examination: Billing and payment of fees and charges.

692A.150 Supervision and examination: Failure to pay fees and charges.

692A.160 Grounds for disciplinary action: Failure to maintain adequate supervision of escrow officer or title agent.

692A.170 Reporting of certain violations to Commissioner of Mortgage Lending.

692A.180 Maintenance of records.

NAC 692A.010 Definitions. (NRS 679B.130, 692A.090) As used in this chapter, unless the context otherwise requires:

1. The words and terms defined in NRS 692A.015 to 692A.080, inclusive, have the meanings ascribed to them in those sections.

2. “Bona fide resident” means a:

(a) Person who actually resides in this State with the intent that it be his or her domicile; or

(b) Firm or corporation which maintains its principal place of business in this State and whose articles of incorporation or partnership agreement authorizes it to do business in this State.

3. “Commissioner” means the Commissioner of Insurance.

4. “Division” means the Division of Insurance of the Department of Business and Industry.

5. “Mortgage banker” has the meaning ascribed to it in NRS 645E.100.

6. “Mortgage broker” has the meaning ascribed to it in NRS 645B.0127.

(Added to NAC by Comm’r of Insurance, eff. 6-23-86; A 5-27-92; R121-06 & R127-06, 9-18-2006)

NAC 692A.020 Actions not considered as soliciting applications or negotiating contracts. (NRS 679B.130, 692A.090) The Commissioner will not consider the following as soliciting applications for insurance or negotiating contracts of title insurance:

1. The searching, examining or abstracting of a title.

2. Services which are solely clerical or administrative conducted by salaried employees of a title agent or title insurer.

(Added to NAC by Comm’r of Insurance, eff. 6-23-86)

NAC 692A.030 Licenses: Application. (NRS 679B.130, 692A.090, 692A.100, 692A.103)

1. A written application for a title agent’s or escrow officer’s license must be filed with the Commissioner by the person applying for the license, accompanied by all applicable fees. The application must include the following:

(a) The name of the person applying for a license.

(b) Evidence that he or she is a bona fide resident of this State or resides not more than 50 miles from the border of this State.

(d) A description of his or her experience relating to title insurance or escrow and evidence of his or her knowledge of the laws of this State pertaining to insurance.

(e) A statement whether:

(1) The person is or was previously licensed to transact the business of insurance or to handle escrows, settlements or closings and, if so, where he or she was licensed and whether that license was ever suspended or revoked or the renewal of continuance of it refused;

(2) The person has ever been denied such a license; and

(3) The person has ever had a contract as an agent or escrow officer cancelled and, if so, the reasons for that cancellation.

(f) Any other information reasonably required by the Commissioner to determine the person’s qualifications for the license.

2. The application must be verified by the person applying for the license.

(Added to NAC by Comm’r of Insurance, eff. 6-23-86; A by R115-00, 3-30-2001; R172-01, 7-5-2002; R103-09, 1-28-2010)

NAC 692A.040 Licenses: Qualifications. (NRS 679B.130, 692A.090, 692A.100, 692A.103) Any natural person for whom a title agent’s or escrow officer’s license is issued, continued or permitted to exist must:

1. Be at least 18 years of age;

2. If he or she is applying for a title agent’s license, be appointed an agent by an authorized title insurer, or be authorized to act by a licensed title agent which is a firm or corporation;

3. If he or she is applying for an escrow officer’s license, be employed as an escrow officer by an authorized title insurer or title agent; and

4. Be competent, trustworthy and financially responsible.

(Added to NAC by Comm’r of Insurance, eff. 6-23-86)

NAC 692A.050 Licenses: Firm or corporation licensed only as title agent. (NRS 679B.130, 692A.090, 692A.100)

1. A firm or corporation may be licensed only as a title agent.

2. The application of a firm or corporation for a license as a title agent must include:

(a) The information required for a natural person;

(b) The names of all its members, officers and directors; and

3. A firm or corporation which does business in more than one location in this State will be issued only one license. The firm or corporation must obtain from the Division a copy of its license for each location.

4. Each general partner of and each natural person authorized to act for the firm or corporation must be named in the application for the license or registered with the Commissioner and must submit to the Division the same information and fees as required of a person applying for a license. If a natural person who is authorized to act for a firm or corporation wishes to be licensed in an individual capacity, he or she must obtain a separate license in his or her own name.

5. A firm or corporation shall promptly notify the Commissioner in writing within 10 days of all changes among its members, directors and officers and other persons designated on or registered with the Commissioner.

(Added to NAC by Comm’r of Insurance, eff. 6-23-86; A 5-27-92)

NAC 692A.055 Licensing of title agents: Required experience; proof of experience. (NRS 679B.130, 692A.090, 692A.100)

1. A person who wishes to obtain a license as a title agent must have at least 1 year of recent experience relating to title insurance of a nature sufficient to allow the person to fulfill the responsibilities of a title agent.

2. Except as otherwise provided in subsection 3, an applicant for a license as a title agent must submit to the Commissioner proof of the experience required by this section in the form of a statement from each employer with whom the applicant claims to have obtained the experience. Each statement must be signed and attested to by the employer and include:

(a) The name and address of the employer;

(b) The name and title of the immediate supervisor of the applicant, if any;

(c) A description of the duties and responsibilities of the applicant during his or her employment and their relation to title insurance;

(d) The period during which the applicant fulfilled those duties and responsibilities; and

(e) The reason the applicant left the employment of his or her employer.

3. An applicant may submit any other form of proof of his or her experience that is satisfactory to the Commissioner.

(Added to NAC by Comm’r of Insurance by R121-06, eff. 9-18-2006)

NAC 692A.060 Licensing of escrow officers: Proof of experience. (NRS 679B.130, 692A.090, 692A.103)

1. Except as otherwise provided in subsection 2, a person applying for a license as an escrow officer must submit to the Commissioner proof of the experience required by NRS 692A.103 in the form of a statement from each person who employed him or her within the 2 years immediately preceding the date of the application and from whom the person applying for the escrow officer’s license claims to have obtained such experience. Each statement must be signed and attested to by the employer and must include:

(a) The name and address of the employer of the person applying for the license;

(b) The name and title of the immediate supervisor of that person, if any;

(d) The period during which that person fulfilled those duties and responsibilities; and

(e) The reason that person left the employment of his or her employer.

2. An applicant may submit any other form of proof of his or her experience that is satisfactory to the Commissioner.

(Added to NAC by Comm’r of Insurance, eff. 6-23-86; A by R121-06, 9-18-2006)

NAC 692A.070 Display of license. (NRS 679B.130, 692A.090) Each title agent’s or escrow officer’s license must be conspicuously displayed in the licensee’s place of business in a place customarily open to the public.

(Added to NAC by Comm’r of Insurance, eff. 6-23-86)

NAC 692A.080 Appointment of title agents. (NRS 679B.130, 692A.090)

1. A title insurer which transacts its business directly in this State shall appoint a natural person who is licensed as a title agent to manage each of its main locations in this State. The insurer shall authorize him or her to appoint other title agents and to employ escrow officers to act on behalf of the insurer in this State.

2. A licensed title agent which is a firm or corporation and is appointed by a title insurer to transact its business in this State may authorize a natural person to act as a title agent for the firm or corporation if:

(a) That person complies with the provisions of NAC 692A.030, 692A.040 and 692A.060; and

(b) The underwriting agreement between the title insurer and the firm or corporation permits such an authorization of a natural person.

(Added to NAC by Comm’r of Insurance, eff. 6-23-86)

NAC 692A.090 Appointment of title agent or employment of escrow officer: Filing of required documents; effect of filing and failure to file. (NRS 679B.130, 692A.090)

1. Each title insurer appointing a title agent or employing an escrow officer in this State shall file with the Commissioner:

(a) A written appointment of the title agent or notice of the employment of the escrow officer;

(b) The appropriate fee; and

2. The appointment of a title agent is effective upon such filing and remains in effect until the agent’s license is revoked or not renewed or the appointment is terminated.

3. A title agent’s or escrow officer’s license is revoked if, for a period of 30 days, the title insurer does not file the required documents with the Commissioner.

(Added to NAC by Comm’r of Insurance, eff. 6-23-86)

NAC 692A.100 Termination of appointment of title agent or employment of escrow officer. (NRS 679B.130, 692A.090) When a title insurer or a title agent which is a firm or corporation terminates the appointment of a title agent or the employment of an escrow officer, he or she shall promptly submit to the Commissioner written notice of the effective date of the terminations and may be required by the Commissioner:

1. To submit proof that he or she has given, if possible, written notice to the title agent or escrow officer; and

2. Upon written request, to file a statement of the cause, if any, for the termination.

(Added to NAC by Comm’r of Insurance, eff. 6-23-86)

NAC 692A.110 Annual certification of certain title agents, escrow officers and employees. (NRS 679B.130, 692A.090) A firm or corporation licensed to act as a title agent, or a natural person appointed by a title insurer pursuant to NAC 692A.080, shall certify to the Commissioner on January 1 of each year the name of any:

1. Person he or she has appointed to act as a title agent;

2. Person he or she supervises or employs as an escrow officer; and

3. Other person he or she employs who performs other than clerical functions.

(Added to NAC by Comm’r of Insurance, eff. 6-23-86)

NAC 692A.115 Certification required before allowing title agent or escrow officer to perform certain acts. (NRS 679B.130, 692A.090) A title insurer or title agent that appoints or employs a title agent or an escrow officer shall not allow the title agent to issue a policy of title insurance or the title agent or escrow officer to disburse money from an escrow account unless the title agent or escrow officer is certified to the Commissioner pursuant to NRS 692A.110 and NAC 692A.110.

(Added to NAC by Comm’r of Insurance by R121-06, eff. 9-18-2006)

NAC 692A.120 Supervision and examination: Interpretation of term. (NRS 679B.130, 692A.090, 692A.1045) As used in NRS 692A.1045, the Commissioner will interpret “supervision and examination” to include:

1. An audit;

2. An investigation; and

3. A hearing.

(Added to NAC by Comm’r of Insurance, eff. 9-16-92)

NAC 692A.130 Supervision and examination: Imposition of fees and charges. (NRS 679B.130, 692A.090, 692A.1045)

1. Except as otherwise provided in subsection 2, the fees to be paid by title agents and title insurers for supervision and examination may include, without limitation:

(a) For a financial examiner or market conduct examiner, a daily salary as defined in the Financial Condition Examiners Handbook or the Market Regulation Handbook, as applicable, published by the National Association of Insurance Commissioners, which has been adopted by reference in NAC 679B.033, or such other compensation as the Commissioner may authorize.

(b) For expert assistants, a daily salary or other compensation based upon the rate established in the contract approved by the State Board of Examiners.

(c) The maximum per diem rate for the location of the examination as set forth in the Federal Travel Regulation System, 41 C.F.R. chapters 300 to 304, inclusive.

(d) Expenses for transportation, including, without limitation, the cost of airfare, rail fare, taxicab fare and automobile rental and the reimbursement of any personal automobile expenses necessary to reach the location of the examination. The calculation of expenses for transportation may include expenses for transportation incurred by virtue of the length of time necessary to complete the examination.

(e) Upon approval of the Commissioner, miscellaneous expenses incurred by the examiner and assistants while performing an examination. Miscellaneous expenses may include, without limitation, expenses for telephone calls, facsimile transmissions and postal charges relating to the examination.

2. If, pursuant to subsection 4 of NRS 692A.100, the examination is performed by the Commissioner of Financial Institutions, the fee will be $50 per hour.

3. In addition to the fee charged pursuant to subsection 1 or 2, the Commissioner of Insurance will also charge the title agent or title insurer an amount equal to one-half of the fee charged pursuant to paragraphs (a) and (b) of subsection 1 or subsection 2 to cover administrative costs.

(Added to NAC by Comm’r of Insurance, eff. 9-16-92; A by R028-02, 5-31-2002; R127-06, 9-18-2006; R089-17, 5-16-2018)

NAC 692A.140 Supervision and examination: Billing and payment of fees and charges. (NRS 679B.130, 692A.090, 692A.1045)

1. The Commissioner will bill the title agent or title insurer monthly for the amount due unless, in the opinion of the Commissioner, it is more practical under the circumstances to bill him or her upon the completion of the supervision or examination.

2. Except as otherwise provided in subsection 3, within 30 days after the date on which the bill is postmarked, the title agent or title insurer shall pay the amount due in full.

3. Upon request, the Commissioner will, if appropriate, allow a title agent to pay the applicable fees and charges in periodic payments. The title agent shall include in the request for periodic payments a proposed schedule for payment and evidence of the financial hardship which would be created by immediate payment of the bill.

(Added to NAC by Comm’r of Insurance, eff. 9-16-92)

NAC 692A.150 Supervision and examination: Failure to pay fees and charges. (NRS 679B.130, 692A.090, 692A.1045) The failure to pay any fee or charge required by NRS 692A.1045 constitutes grounds for suspension or revocation of the license of a title agent or the license or certificate of authority of the title insurer, as appropriate.

(Added to NAC by Comm’r of Insurance, eff. 9-16-92)

NAC 692A.160 Grounds for disciplinary action: Failure to maintain adequate supervision of escrow officer or title agent. (NRS 679B.130, 692A.090, 692A.1045) For the purposes of NRS 692A.105 and 692A.107, a title insurer or title agent maintains adequate supervision of a title agent or an escrow officer he or she has appointed or employed if he or she:

1. Designates a supervisor to assist the title agent or escrow officer. The supervisor must be:

(a) Licensed as a title agent pursuant to this chapter and chapter 692A of NRS; and

(b) Present at the location where the title agent or escrow officer does business, or immediately available to the title agent or escrow officer, at least one-half of the time the location is open to the public.

2. Provides the title agent or escrow officer with instruction concerning the duties of a title agent or an escrow officer, including, without limitation, the provisions of this chapter and chapters 686A and 692A of NRS.

3. Maintains records that set forth the manner and frequency with which he or she provides supervision and instruction to the title agent or escrow officer.

4. Provides the title agent or escrow officer with written policies and procedures that set forth the duties of the title agent or escrow officer and the manner in which the duties must be performed. The policies and procedures must:

(a) Include, without limitation, the provisions of NAC 692A.115 and 692A.170; and

(b) Be provided to the Commissioner upon request.

5. Prevents the title agent from issuing a policy of title of insurance and the title agent or escrow officer from disbursing money from an escrow account unless the title agent or escrow officer is certified to the Commissioner pursuant to NRS 692A.110 and NAC 692A.110.

(Added to NAC by Comm’r of Insurance by R121-06, eff. 9-18-2006)

NAC 692A.170 Reporting of certain violations to Commissioner of Mortgage Lending. (NRS 679B.130, 692A.090) A title insurer, title agent or escrow officer who has knowledge of a violation of any provision of NRS 645B.900 or 645E.900 shall promptly report the facts and circumstances concerning the violation to the Commissioner of Mortgage Lending.

(Added to NAC by Comm’r of Insurance by R121-06, eff. 9-18-2006)

NAC 692A.180 Maintenance of records. (NRS 679B.130, 692A.090) A title insurer, title agent or escrow officer who is required to maintain records pursuant to this chapter or chapter 692A of NRS may maintain the records in any permanent form, including, without limitation, electronic form.

(Added to NAC by Comm’r of Insurance by R121-06, eff. 9-18-2006)